- Most standard residential purchase contracts in Alberta require the seller to give the buyer a current RPR with a municipal stamp of compliance, but this is a contractual term, not a statutory requirement.
- Buyers' lenders and lawyers usually require a current RPR, so it affects closing even if the law itself does not demand it.
- If nothing has changed on the property, a seller may be able to use a statutory declaration with an existing RPR, but if something has changed an updated, stamped RPR is needed.
If you are selling or buying a home in Alberta, you may wonder whether an RPR is legally required, and what happens if there is not one. The honest answer has a few layers: the contract, the lender and your lawyer all play a part.
This article explains where the RPR requirement comes from, when an older report may be enough and what to do if the report is missing or out of date.
This article covers the law of Alberta.
Is an RPR required by law?
Most standard residential purchase contracts in Alberta require the seller to give the buyer a current RPR with a municipal stamp of compliance. That requirement is a contractual term rather than a statutory requirement.
So the obligation usually comes from the agreement you sign, not from a rule that says every sale must have one. Your own contract controls, so read what it says about the RPR, who must provide it and by when.
An RPR is a service provided by an Alberta Land Surveyor. Only an Alberta land surveyor, meaning a person holding a certificate of registration and annual certificate under the Land Surveyors Act, RSA 2000, c L-3, may practise surveying in Alberta. The Surveys Act, RSA 2000, c S-26, defines "surveyor" as an Alberta land surveyor under the Land Surveyors Act.
The surveyor prepares the RPR but does not decide whether it complies with municipal bylaws. The owner must take the RPR to the municipality, in person, to obtain a compliance stamp.
Why buyers and lenders still insist on it
Even where the contract is the source of the duty, the practical pressure comes from the buyer's side. Buyers' lenders and lawyers usually require a current RPR. The buyer's lawyer needs reasonable time to review it before funds are released.
Ideally, buyers see the RPR before making an offer. If you are a buyer, that gives you a chance to spot a problem before you are bound. If you are a seller, having the RPR ready early can help avoid delays near closing.
Can an old RPR be used?
Sometimes. Where nothing on the property has changed since an existing RPR, the seller may sign a Statutory Declaration or Affidavit stating the existing RPR is accurate and the property is in the same state as at the date of the original RPR.
There is a firm limit. If the property has changed since the RPR was prepared, a statutory declaration is not enough; only an updated RPR with a compliance stamp can confirm the property complies with municipal regulations. A compliance stamp relates to the RPR it was issued on, so a changed property needs a new or updated RPR and a new municipal review.
| Situation | What generally applies |
|---|---|
| Nothing has changed since the existing RPR | The seller may sign a Statutory Declaration or Affidavit |
| Something has changed (for example, a new structure) | An updated RPR with a compliance stamp is needed |
It also helps to know what a stamp does not cover. A municipal compliance stamp confirms only that the improvements shown on the RPR meet the municipality's requirements. It does not mean the building's use complies with the Land Use Bylaw, and it does not address easements, covenants, legislation or other requirements affecting the land or buildings.
What if there is no RPR at all?
This depends on the facts, including the wording of your purchase contract, what the buyer's lender requires and what the buyer's lawyer is prepared to accept. Whether a particular deal can close without an RPR is something a lawyer should confirm for your situation rather than something to assume.
If a review turns up a non-compliant item, such as an encroachment or setback problem, the seller is typically expected to resolve it, for example by seeking a variance or relaxation from the municipality, before the stamp is given. Whether a variance is available depends on the municipality.
Municipal practice can differ, including what the stamp is called, what it costs and how long a review takes. Check with your own municipality early, and confirm with a lawyer how any delay could affect your closing date.
What to do next
- Read the RPR clause in your purchase contract.
- Locate any existing RPR and note the date.
- List anything built or changed since that date, such as a deck, garage or addition.
- Sellers: decide early whether a declaration may be enough or an updated RPR is needed.
- Buyers: ask for the RPR before you make an offer and give your lawyer time to review it.
- Talk to a lawyer before removing or waiving any RPR condition.
Frequently asked questions
Does Alberta law require an RPR to sell a house?
The requirement in most sales comes from the standard residential purchase contract, which usually requires a current RPR with a municipal stamp of compliance. It is a contractual term rather than a statutory requirement.
Can I use my old RPR if I am selling?
If nothing on the property has changed, the seller may sign a Statutory Declaration or Affidavit that the existing RPR is accurate and the property is in the same state. If the property has changed, an updated RPR with a compliance stamp is needed.
Can I reuse the old compliance stamp after building a deck?
No. A compliance stamp relates to the RPR it was issued on, so a changed property needs a new or updated RPR and a new municipal review.
Can a sale close without an RPR?
It depends on your contract, your buyer's lender and the buyer's lawyer. Lenders and lawyers usually require a current RPR, so confirm with a lawyer before assuming a deal can close without one.
Sources
- Land Surveyors Act, RSA 2000, c L-3 (CanLII) — canlii.org
- RECA – Real Property Reports (consumer page) — reca.ca
- Surveys Act, RSA 2000, c S-26 (CanLII) — canlii.org
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a real estate question
Ask our Team for a quote. We reply by email.