Real Property Report vs. Municipal Compliance Certificate in Alberta

If you are buying or selling in Alberta, you will hear about a real property report and a municipal compliance stamp, sometimes called a certificate or letter. They are related but they are not the same thing, and mixing them up can cause delays.

This article explains what each one is, what the stamp does and does not tell you, and how the process generally works. Names, fees and turnaround times differ between municipalities, so check with yours.

This article covers the law of Alberta.

Two different documents from two different sources

An RPR is a service provided by an Alberta Land Surveyor. It is the surveyor's report on the property and the improvements on it. The surveyor prepares it but does not decide whether it complies with municipal bylaws.

The compliance stamp comes from the municipality. The owner must take the RPR to the municipality, in person, to obtain it.

What the stamp confirms, and what it does not

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

So a stamped RPR is useful, but it is not a complete answer on whether a property is free of problems. Your lawyer can explain what else should be checked.

How the process works

• An Alberta Land Surveyor prepares the RPR.
• The owner takes the RPR to the municipality, in person.
• The municipality reviews the improvements shown on the RPR.
• If the review finds 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, before the stamp is given.

How long this takes, and what it costs, depends on the municipality, so ask for its current fee and review time. Build that time into your closing plans, because the buyer's lawyer also needs reasonable time to review the RPR before funds are released.

Can an old stamp 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 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. If the property has changed, a statutory declaration is not enough, and only an updated RPR with a compliance stamp can confirm compliance with municipal regulations.

What to do next

Most standard residential purchase contracts in Alberta require the seller to give the buyer a current RPR with a municipal stamp of compliance, though this is a contractual term rather than a statutory requirement. Start by checking your contract.

• Check your contract for the RPR and stamp requirements.
• Locate any existing RPR and note its date.
• Think through any changes made to the property since then.
• Contact your municipality about its process, fee and timing.
• Ask your lawyer what else to check beyond the stamp.

Frequently asked questions