What is a Certificate of Compliance?
A Certificate of Compliance, also known as a Stamp of Compliance, is confirmation from Rocky View County on whether or not buildings on a property meet the setback regulations of the Land Use Bylaw. The compliance review is completed with a Real Property Report or survey of the property.
A Certificate of Compliance is not a legislative requirement, but rather a service provided by Rocky View County. Certificates of Compliance are typically required by financial institutions whenever a real estate transaction is taking place that requires a mortgage. They may also be requested by home buyers or their representatives as a condition of a real estate purchase contract. This certificate indicates to all parties that all buildings on the property meet setback requirements.
What is a Real Property Report?
A request for a Certificate of Compliance must be accompanied by an original Real Property Report prepared by an Alberta Land Surveyor. A Real Property Report is a legal document, which clearly illustrates the location of all significant visible improvements relative to the property line. Such improvements include, but are not limited to: buildings, decks, sheds, fences, retaining walls, window wells, air conditioning units, and hot tubs.
How to Apply
An application for a Certificate of Compliance should include original copies of the Real Property Report, the review fee, and the applicant’s contact information. The fee for compliance review is outlined in the current Master Rates Bylaw (See current fee schedule, PDF).
Applications are accepted in person or by mail to the address below. In person applications are accepted Monday to Friday, from 8:00 a.m. to 4:30 p.m.
Rocky View County Hall
262075 Rocky View Point
Rocky View County, AB, T4A 0X2
(map & hours)
The timeline for compliance review is 5-7 business days for most residential properties. If there are any issues, it may take longer to process your application.
Please note the following prior to applying for a Certificate of Compliance. A Real Property Report will only be accepted if:
- The date of Survey is within five years of the date of submission
- It is signed and dated by a registered Alberta Land Surveyor
- Displays the correct legal description and Municipal address of the property
- Clearly shows ALL structures, regardless of size
Please note:
- Photocopies or fax copies of a Real Property Report, unclear plans, and plot plans will not be accepted.
- The Certificate of Compliance fee is non-refundable once a Real Property Report has been reviewed.
- The preferred size of a Real Property Report is 11”x17”.
- To avoid a delay in finalizing your transaction, you should apply for a Certificate of Compliance as early in the selling process as possible. This will ensure that if any issues arise from the Certificate of Compliance review, they can be dealt with prior to negotiating a real estate transaction.
Process
The County will review the Real Property Report to determine if the property is compliant with the setback requirements referenced in the Land Use Bylaw.
- If the property complies with the setback requirements, the Real Property Report will receive a Stamp of Compliance.
- If some or all of the buildings on the property were constructed prior to March 12, 1985, and do not meet the setback requirements of the current Land Use Bylaw (C-4841-97), a Deemed Stamp of Compliance will be issued.
- If the property does not comply with the setback requirements, the applicant will be notified and given the opportunity to resolve any issues.
There may be situations where you can apply for a development permit requesting a variance in order to have a structure remain as it is. There is an additional fee for this application.
Statutory Declaration
A Statutory Declaration is a legal document that declares all the information on the Real Property Report to be true. An applicant may be required to remove or relocate structures or buildings in order to meet setback requirements. In this instance, a Statutory Declaration is required to affirm any changes that have been made to the property after the survey has been completed.
Confirmation of Zoning
At the request of a landowner or stakeholder, the County can issue an official letter confirming the land use designation (or zoning) of any parcel in the County. There is a fee for this service. (See current fee schedule, PDF) Please email development@rockyview.ca to submit a request for a zoning confirmation letter.
Did You Know?
The review of a Real Property Report does not confirm the following:
- If the necessary building permits have been obtained;
- If the uses on site are being carried out in accordance with the necessary permits;
- If buildings meet Land Use Bylaw regulations other than minimum setback requirements;
- If there are any structures that are not permitted to encroach into a third party right-of-way; and
- If the location of structures that do not meet the definition of a building are compliant with the Land Use Bylaw.