What is a Compliance Certificate?
A compliance certificate is confirmation from Sturgeon County that development (development & building permits, siting and use of buildings) on a property meets the regulations of the Land Use Bylaw and the required permits in terms of the Alberta Building Code.
Banks and other lending institutions often require a compliance certificate prior to approving a mortgage. Lawyers representing home buyers may request a compliance certificate. Also, standard real estate purchase contracts often require the vendor to guarantee that the buildings on the property meet the Land Use Bylaw regulations and do not encroach upon easements, utility right-of-way or adjacent lands.
Compliance Review Procedure
If all development on the property complies with the Land Use Bylaw and have been issued the appropriate building permits as per the Alberta Building Code, the copies of the real property report/surveyor’s certificate will be officially endorsed. If the development on the property does not comply with the regulations of the Land Use Bylaw, a Statement of NonCompliance will be provided to the applicant explaining the deficiencies. A Statement of Non-Conformance Letter will be issued if buildings and/or structures shown on the submitted survey were built prior to the 1969 Development Control Bylaw 100-69 (when no permits were required) or were permitted in terms of a previous Land Use Bylaw and do not meet the regulations of the Land Use Bylaw.
What to do in case of non-compliance?
The Statement of Non-Compliance will outline the steps you will need to take to bring your property into compliance. Current Planning Development Services can help you through the process.
How do I request a compliance certificate?
A person may request a compliance review by submitting the following to Current Planning and Development Services:
- A written request/application form and payment of application fee; and A minimum of two original copies of a signed and stamped original Alberta Land Surveyor’s Real Property Report dated less than five years from the date of the Compliance Certificate request.
- A minimum of two original copies of a signed and stamped original Alberta Land Surveyor’s Real Property Report dated less than five years from the date of the Compliance Certificate request.
Note: Faxed copies and illegible copies of real property reports/surveyor’s certificates are not acceptable. Older documents (such as a building location certificate or surveyor’s certificate or a Real Property Report) older than five years may be submitted with a sealed and/or commissioned affidavit stating there are no changes to the property as indicated on the document. If improvements have been made, it will not be accepted for a compliance certificate.
Compliance Certificate Policy
Real Property Report (RPR)
A legal document prepared by a registered Alberta Land Surveyor that clearly illustrates the location, form or boundaries of a tract of land and buildings by measuring the lines and angles in accordance with the principles of the Land Surveyors Act. It also shows visible encroachments onto or from the property.
A written statement made under oath by an applicant before a notary public or other person authorized to administer oaths.