Following up on my last email about accepting older Real Property Reports (RPRs), the standard AREA contract in section 10.2 says:
"Closing documents will include an RPR showing the current improvements on the Property according to the Alberta Land Surveyors Association Manual of Standard Practice, with evidence of municipal compliance or nonconformance."
To satisfy the contract, the compliance certificate from the municipality must show that the property is:
Complying: The property has appropriate development and building permits and meets municipal zoning/land use bylaws.
Non-conforming: The property doesn't meet current bylaws but is grandfathered. No changes are required now, but if non-conforming aspects are changed, changes must meet current city bylaws.
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Buyer's Realtors: If you know your buyer is looking to renovate or change the property footprint where that renovation or change would affect an already non-conforming aspect, it could be trouble and needs more investigation.
Non-Complying: The property can't be non-complying; in other words, it doesn't meet current land-use bylaws, and there is no relaxation.
Note: Different municipalities may treat things differently. BUT, in Edmonton, a compliance certificate specifically does not reveal the property's compliance with Alberta Building Code requirements. That is a whole different search currently not required under the standard AREA contract.
Cheers,
Barry
