A Real Property Report—commonly called an RPR—is an important document in many Alberta residential real estate transactions.
It can show whether buildings, fences, decks and other visible improvements are located within the property boundaries, whether they extend into an easement or neighbouring land, and whether the municipality identifies any zoning, permit or encroachment concerns.
However, an RPR is not legally required in every Alberta sale. The obligation usually arises from the purchase contract. Conventional condominium units are generally treated differently, and the parties can agree in writing to change the standard RPR requirements.
Here is what Alberta buyers and sellers should understand about Real Property Reports, municipal compliance and the options available when a problem is identified.
What Is a Real Property Report?
A Real Property Report is a legal survey document prepared and signed by an Alberta Land Surveyor.
It generally identifies:
- The property’s legal description and municipal address
- The Certificate of Title number and registered owner
- The location and dimensions of visible improvements
- The relationship between improvements and property boundaries
- Visible encroachments onto neighbouring or public land
- Easements and rights-of-way registered against the title
Visible improvements may include the house, garage, deck, fences, sheds, retaining walls and other structures that must be shown under the Alberta Land Surveyors’ applicable standards.
An RPR is not:
- A property appraisal
- A home inspection
- A building-condition report
- A complete permit-history search
- An environmental assessment
- A guarantee that every improvement complies with the building code
- A development-feasibility report
It shows the location of visible improvements as of the survey date. It does not assess their condition, construction quality or value.
An RPR also should not be used by a homeowner to physically locate or mark a property boundary on the ground. An Alberta Land Surveyor should be retained where boundary staking or marking is required.
What Is a Compliance Certificate?
In Edmonton, the City currently calls the document a Compliance Certificate Report.
The City reviews an RPR to determine whether the buildings and structures shown on it meet applicable requirements under the Edmonton Zoning Bylaw and whether the required development permits or encroachment agreements are in place.
The City does not perform an independent site inspection when reviewing the RPR. Its assessment is based on the information shown in the survey document and available municipal records.
A Compliance Certificate Report does not necessarily confirm:
- Compliance with every building-code or safety-code requirement
- The physical condition of any structure
- The legality of interior renovations
- The environmental condition of the property
- The accuracy of structures or improvements that are not shown on the RPR
- That every small accessory structure has been reviewed
For example, Edmonton currently does not check free-standing accessory structures smaller than 10 square metres against the Zoning Bylaw when issuing a Compliance Certificate Report, although the owner remains responsible for complying with applicable requirements.
The report should therefore be understood as a municipal review of the structures shown—not a comprehensive legal or physical certification of the entire property.
Who Is Required to Provide an RPR?
An RPR obligation normally comes from the purchase contract rather than a universal Alberta statute.
Under the current standard AREA Residential Purchase Contract, the seller’s closing documents include an RPR showing the property’s current improvements, together with evidence of municipal compliance or non-conformance. The obligation does not apply if there are no structures on the land.
The standard contract also makes the seller responsible for the cost of preparing the required closing documents, including the RPR where one is required.
These obligations can be changed through the contract. For example, the buyer and seller may expressly agree that:
- An existing RPR will be accepted despite its age
- The seller will not provide an RPR
- Title insurance will be obtained instead
- A known issue will be accepted
- A holdback or another closing arrangement will be used
A seller cannot unilaterally substitute title insurance for an RPR where the purchase contract requires a current RPR with evidence of compliance or non-conformance. The buyer must agree to the change, and the buyer’s lender and proposed title insurer may also have requirements.
What About Condominiums?
A conventional condominium unit generally does not require an individual RPR in the same way as a detached home.
The condominium plan defines the unit and common property. Condo transactions instead commonly involve review of condominium documents such as:
- Financial statements and budgets
- Reserve fund information
- Meeting minutes
- Bylaws and rules
- Insurance information
- Special-levy information
- An estoppel certificate
The exact documents the seller must provide depend on the condominium purchase contract.
A bare land condominium is different. Because the unit consists of a parcel of land and the owner may have constructed improvements on it, boundary, encroachment and setback issues can arise. An RPR with evidence of compliance or non-conformance may therefore be required under the applicable standard contract.
Buyers and sellers should confirm whether the property is a conventional condominium or a bare land condominium before assuming that no RPR is required.
What About New Construction?
Whether a builder must provide an RPR depends on the purchase agreement.
Where the builder is contractually required to provide one, the buyer should confirm that the RPR reflects the property’s final improvements—not merely an earlier stage of construction.
Items completed after the original survey, such as a detached garage, deck or fence, may require the RPR to be updated.
Buyers should also distinguish between:
- An RPR
- Municipal compliance
- A lot-grading certificate
- New-home warranty documents
- Development and building permits
These documents serve different purposes and should not be treated as interchangeable.
When Is an RPR Current?
An RPR does not automatically expire after a fixed number of years.
It becomes outdated when it no longer accurately reflects the visible improvements on the property. An older RPR may remain usable if nothing relevant has changed, while a recently prepared report may already be outdated if an improvement was added, removed or materially altered after the survey date.
Changes that may require an update include:
- A new or enlarged deck
- A garage or addition
- A new fence
- A shed or other accessory structure
- A retaining wall
- Removal of an improvement
- A change affecting the exterior footprint or location of a structure
The applicable contract and Alberta Land Surveyors’ standards determine whether a particular change must appear.
A seller may be asked to confirm that no changes have been made since the RPR was prepared. That confirmation does not make an inaccurate report current. If the property has changed, the original Alberta Land Surveyor may be able to update the existing report.
How to Obtain an RPR
Only an Alberta Land Surveyor authorized to provide surveying services to the public can prepare an RPR.
The process generally involves the following steps.
Step 1: Hire an Alberta Land Surveyor
Surveyors establish their own fees and timelines. The cost depends on factors such as:
- Lot size and shape
- Number of improvements
- Availability of survey evidence
- Property complexity
- Travel requirements
- Whether an earlier RPR can be updated
- Current workload
Owners should obtain a quote directly from the surveyor rather than relying on a standard estimated price.
There is no central Alberta database containing every RPR. An owner may already have one in their purchase records, or the survey company that prepared a previous report may be able to provide or update it.
Step 2: The Property Is Surveyed
The surveyor conducts the necessary survey work and determines the location of visible improvements relative to the property boundaries and applicable registered interests.
Access to the property may be required.
Step 3: The RPR Is Prepared
The surveyor prepares and signs the report. It should contain the required identifying information, measurements, visible improvements and professional certification.
Step 4: Apply for Municipal Compliance
In Edmonton, the owner or applicant submits an application for a Compliance Certificate Report. The City then requests the digital RPR from the identified survey company.
A City planner reviews the RPR and provides a report identifying whether the structures shown comply or whether permits, encroachment agreements or other steps are required.
Processing times and fees change. Sellers should check the City’s current estimates and order the RPR early enough to address any unexpected issues before closing.
What Can the Compliance Review Show?
The City’s response will depend on the RPR, existing permits, current zoning rules and the history of the structures.
The structures comply
The report may confirm that the structures shown meet applicable zoning requirements and have the necessary development permits or encroachment approvals.
That confirmation remains limited to the structures and information reviewed by the City.
A structure is non-conforming
A structure may have complied with the applicable rules or permit when it was constructed but no longer meet the current zoning requirements because those requirements later changed.
Under Alberta’s Municipal Government Act, a non-conforming building may generally continue to be used. However, restrictions can apply to enlarging, adding to, rebuilding or structurally altering it, subject to the statutory exceptions. A change in ownership does not, by itself, eliminate its non-conforming status.
A non-conforming designation does not necessarily prevent the property from being sold, but the buyer should understand how it could affect future renovations or rebuilding.
Permits or other approvals are outstanding
The City may identify:
- A missing development permit
- A structure built in a location different from the approved permit
- A required encroachment agreement
- Insufficient information
- Another step that must be completed before compliance can be confirmed
The Compliance Certificate Report should identify the outstanding issue and possible next steps.
What Happens When a Problem Is Identified?
An RPR or Compliance Certificate Report showing a problem does not automatically terminate the sale.
The available solution depends on the purchase contract, the type of problem, the time remaining before closing, municipal requirements, lender instructions and what the buyer is prepared to accept.
Possible options include the following.
Remove or modify the improvement
A movable shed, fence or other improvement may be removed, relocated or altered.
If the physical improvements change, an updated RPR may be required before the City will issue a revised report.
Obtain the required municipal approval
Depending on the issue, the owner may be able to apply for:
- A development permit
- Approval to leave the structure as built
- A permitted variance
- An encroachment agreement
- Another municipal authorization
Approval is not guaranteed. The municipality may impose conditions or require that the structure be moved or removed.
Amend the purchase contract
The buyer and seller may agree in writing to:
- Accept the identified condition
- Extend the closing date
- Adjust the purchase price
- Require the seller to complete work before or after closing
- Establish a holdback from the seller’s proceeds
- Use title insurance if appropriate and available
The agreement should clearly identify who is responsible, what must be completed, the deadline and what happens if the issue cannot be resolved.
Obtain title insurance
Title insurance may provide financial protection for certain covered risks arising from the absence of a current RPR or an unknown survey or compliance issue.
It does not:
- Confirm the physical location of the improvements
- Make an encroachment legal
- Issue a development permit
- Bring a structure into municipal compliance
- Guarantee that a known problem will be covered
- Replace the seller’s contractual RPR obligation unless the buyer agrees
Coverage depends on the insurer’s underwriting decision, the policy language and any exclusions or exceptions. A known problem should be disclosed to the insurer and specifically addressed before the parties rely on coverage.
What Buyers Should Know
A buyer’s right to receive an RPR is determined by the purchase contract.
Where the standard AREA terms apply without amendment, the buyer is generally entitled to receive an RPR showing the current improvements, together with evidence of municipal compliance or non-conformance. The buyer or buyer’s lawyer must be given a reasonable opportunity to review it before the transfer documents are submitted to Land Titles.
The buyer should compare the RPR with what is physically present at the property. Questions to consider include:
- Does the RPR show the current deck, garage, fence and shed?
- Are any improvements shown across a boundary?
- Does anything extend into an easement or right-of-way?
- Does the municipal report identify missing permits?
- Is any structure described as non-conforming?
- Are there limitations affecting planned renovations?
- Is title insurance being proposed instead of the contracted RPR?
A buyer should not assume that an old RPR is current merely because the seller provides a copy.
What Sellers Should Know
A seller should determine early whether:
- An RPR already exists
- It reflects the property’s present condition
- Municipal compliance or non-conformance has been obtained
- Any construction occurred after the survey date
- Any improvement lacks a permit
- Anything crosses a boundary or enters an easement
- The purchase contract requires a new or updated RPR
Ordering the RPR only shortly before closing can leave insufficient time to resolve a permit, setback or encroachment problem.
Sellers should also avoid promising that the property is compliant before reviewing the available RPR, permits and municipal records.
What Is an Encroachment?
An encroachment occurs when an improvement extends beyond the legal boundary or into land where it is not authorized.
Examples include:
- The seller’s garage extending onto neighbouring land
- A fence located beyond the property line
- A retaining wall built on municipal land
- A neighbour’s structure extending onto the property
- A deck, shed or other improvement entering a registered easement
An encroachment is not necessarily the same as a zoning setback violation. A structure can be entirely within the property boundaries but still violate a required setback. Conversely, a structure may cross a boundary even if its placement would otherwise meet zoning requirements.
Possible responses may include:
- Removing or relocating the improvement
- Negotiating an encroachment agreement
- Obtaining municipal approval
- Transferring or purchasing the affected strip of land
- Adjusting the legal boundary
- Obtaining specifically approved title-insurance coverage
- Accepting the issue through a written contractual amendment
An Alberta Land Surveyor determines the survey facts. A lawyer advises on the title, contract and legal options.
What Does the Real Estate Lawyer Do?
Depending on the scope of the retainer, the real estate lawyer may:
- Review the purchase contract’s RPR requirements
- Review the RPR and municipal report
- Compare the RPR with the registered title
- Identify apparent encroachments or registered interests
- Ask whether the RPR reflects the property’s current improvements
- Advise about contractual remedies
- Negotiate amendments, extensions or holdbacks
- Review proposed title-insurance coverage
- Coordinate with the buyer’s lender and the other party’s lawyer
The lawyer does not:
- Prepare the RPR
- Conduct the land survey
- Physically mark the boundaries
- Inspect the property
- Certify structural or building-code compliance
- Guarantee municipal approval
- Replace the advice of a surveyor, engineer or municipal planner
The RPR should be ordered and reviewed early enough to allow the appropriate professionals to address any problems before the completion date.
Speak With an Edmonton Real Estate Lawyer
Berjak Law assists Edmonton buyers and sellers with purchase contracts, Real Property Reports, municipal compliance, encroachments, title insurance and residential closings.
Berjak Law is located at 10080 Jasper Ave, Suite 301 in downtown Edmonton.
Contact the firm before removing conditions or as early as possible after accepting an offer if the RPR is missing, outdated or identifies a potential problem.
This article provides general information about Alberta real estate transactions and is not a substitute for legal, surveying, municipal-planning, engineering or insurance advice concerning a particular property.
