Municipal Compliance Certificate in Alberta: What It Is and How to Get One

You have an RPR, or you are about to order one, and someone mentions a municipal compliance stamp or certificate. It is easy to assume the stamp means everything about the property is approved. It does not.

This article explains what the stamp confirms, how you generally get it, what it does not cover and what happens when the municipality finds a problem. Names, fees and timelines differ between municipalities, so confirm local details with yours.

This article covers the law of Alberta.

What the compliance stamp is

A Real Property Report is prepared by a surveyor, but the surveyor does not decide whether it complies with municipal bylaws. The municipality makes that call. When it is satisfied, it places a compliance stamp on the RPR. Some municipalities may use a different name for it, such as a compliance certificate, so check the term your municipality uses.

Only an Alberta land surveyor may practise surveying in Alberta, so the RPR itself comes from one. The Surveys Act uses the same idea, defining a surveyor as an Alberta land surveyor under the Land Surveyors Act.

The stamp usually comes up because of a home sale. 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 rather than a statutory requirement. Buyers' lenders and lawyers usually require a current RPR as well, and the buyer's lawyer needs reasonable time to review it before funds are released.

How to request one

The owner must take the RPR to the municipality, in person, to obtain a compliance stamp. The surveyor prepares the report, but requesting the stamp is the owner's step.

• Get the RPR from an Alberta Land Surveyor.
• Contact your municipality to ask about its process, fees and turnaround time, which vary.
• Take the RPR to the municipality in person.
• If the review finds a problem, the seller is typically expected to resolve it before the stamp is given, so talk with a lawyer about how.

What the stamp covers, and what it does not

The 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. It also does not address easements, covenants, legislation or other requirements affecting the land or buildings.

This is why a buyer's lawyer looks at more than the stamp itself. Other issues need to be checked through other steps.

What happens if the municipality finds a problem

If the RPR 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. One way is to seek a variance or relaxation from the municipality.

Whether a variance or relaxation is available, how long it takes and what it costs depend on the municipality and the facts. This is a good point to speak with a lawyer, particularly if a closing date is close.

For buyers, this is one reason to look at the RPR early. Ideally, buyers see the RPR before making an offer. How a problem is handled in a particular deal depends on the contract and the facts, so it is worth confirming with a lawyer.

When an old stamp cannot be reused

A compliance stamp relates to the RPR it was issued on. A changed property needs a new or updated RPR and a new municipal review, so the old stamp cannot simply be reused. 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 municipal compliance.

Where nothing has changed, 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.

It helps to think of the stamp as a snapshot. It speaks to the property as shown on that RPR, so anything built or altered afterwards is not covered by it.

What to do next

• Check the date of your RPR and whether it carries a stamp.
• List any changes to the property since that date.
• Ask your municipality about its stamp process, fees and timing.
• Book time to take the RPR in person.
• Ask a lawyer to review the RPR, the stamp and any easements or covenants that the stamp does not address.

Frequently asked questions