- If an RPR review finds a setback problem or encroachment, the seller is typically expected to resolve it, for example by seeking a variance or relaxation, before the stamp is given.
- Most standard Alberta purchase contracts require a current RPR with a municipal stamp of compliance, so an unresolved problem can complicate a sale.
- A signed statutory declaration cannot cover a property that has changed; only an updated, stamped RPR can.
You get your real property report back and it shows a deck or garage sitting too close to the property line. That is a stressful moment when a sale is underway, but it is a common issue and there are usual ways to deal with it.
This article explains how a setback problem affects a sale in Alberta and the general routes to a fix. What is available depends on your municipality and your specific property, so a lawyer can help you confirm your options.
This article covers the law of Alberta.
What the RPR and the municipality are checking
An RPR is prepared by an Alberta Land Surveyor, but the surveyor does not decide whether it complies with municipal bylaws. The owner takes it to the municipality, in person, to obtain a compliance stamp. A setback problem, where a building or structure is closer to a boundary than the rules allow, is one of the things the municipality's review can flag.
If the review finds a non-compliant item such as an encroachment or setback problem, the seller is typically expected to resolve it before the stamp is given.
How it can affect your sale
Most standard residential purchase contracts in Alberta require the seller to give the buyer a current RPR with a municipal stamp of compliance. It is a contractual term rather than a statutory requirement. If the stamp cannot be given because of a deck or garage problem, you may have trouble meeting that term.
Buyers' lenders and lawyers usually require a current RPR, and the buyer's lawyer needs reasonable time to review it before funds are released. A problem found late can therefore squeeze your timeline. Ideally buyers see the RPR before making an offer, so a problem may also come up during negotiations.
What happens if a seller cannot provide a compliant, stamped RPR depends on the contract and on what the buyer and lender will accept. Get legal advice on your own contract before you decide how to proceed.
Ways to deal with the problem
| Approach | What it generally involves |
|---|---|
| Variance or relaxation | The seller asks the municipality to allow the structure as built, which is one way sellers typically resolve a problem before the stamp is given. |
| Change the structure | If the property is altered, a new or updated RPR and a new municipal review are needed, because the old stamp cannot simply be reused. |
| Negotiate with the buyer | Your contract and the buyer's lender and lawyer will matter here. Get legal advice before agreeing to anything. |
Whether a variance or relaxation is available, and how it works, differs between municipalities. Ask your municipality about its process early, since it may take time.
Why a statutory declaration will not fix it
If nothing has changed since an existing RPR, a seller may sign a Statutory Declaration or Affidavit saying the existing RPR is accurate and the property is in the same state. That does not help when a deck or garage was built or changed after the report. If the property has changed, a statutory declaration is not enough, and only an updated RPR with a compliance stamp can confirm the property complies with municipal regulations.
Note also that a stamp confirms only that the improvements shown on the RPR meet the municipality's requirements. It does not address easements, covenants, other legislation or other requirements affecting the land or buildings.
What to do next
- Read the RPR and note exactly which structure is flagged and why.
- Contact your municipality to ask whether a variance or relaxation is possible and how to apply.
- Check your purchase contract for the RPR and stamp terms.
- Tell your lawyer and real estate representative about the issue right away.
- If you change the structure, plan for an updated RPR and a new municipal review.
Frequently asked questions
Who has to fix a setback problem found on the RPR?
Where the review finds a non-compliant item, the seller is typically expected to resolve it before the stamp is given. Your contract may say more, so have a lawyer review it.
Can I get a variance for my deck or garage?
A variance or relaxation from the municipality is one typical way to resolve a problem. Whether one is available depends on your municipality and your circumstances, so ask the municipality directly.
Can I just sign a statutory declaration instead?
Only if nothing on the property has changed since the existing RPR. If the property has changed, a declaration is not enough and an updated RPR with a compliance stamp is needed.
Is an RPR required by Alberta law for a sale?
The requirement is contractual. Most standard residential purchase contracts require the seller to provide a current RPR with a municipal stamp of compliance. Buyers' lenders and lawyers usually require one too.
Sources
- Land Surveyors Act, RSA 2000, c L-3 (CanLII) — canlii.org
- RECA – Real Property Reports (consumer page) — reca.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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