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Certificate of Compliance

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Certificate of Compliance

If you are selling or financing your property, you may be required to apply for a certificate of compliance. This is a letter issued by the Municipality confirming that the location of buildings on a property conforms to the requirements of the Land Use Bylaw in terms of siting, coverage and setbacks. The compliance review is based on a Real Property Report (RPR) prepared by an Alberta Land Surveyor.

“Alberta Land Surveyor” means a person who holds a certificate of registration and an annual certificate to engage in the practice of surveying under the Alberta Land Surveyors Act.  It is commonly referenced as A.L.S.

“Compliance Certificate or Certificate Requesting Compliance” means a document issued by Thorhild County that states whether or not the existing buildings and/or other visible improvements which are shown on the Real Property Report meet the setback requirements of Thorhild County’s Land Use Bylaw.  Also known as a Compliance Report.

“Land Use Bylaw” means the current Thorhild County Land Use Bylaw, and any amendments thereto.

“Real Property Report (RPR)” means a survey document prepared, signed, dated and stamped by an Alberta Land Surveyor, illustrating the location of all structures and visible improvements situated on a parcel of land relative to the property boundaries.  The Real Property Report is a “Snap Shot” of the property on the date of the survey prepared by an Alberta Land Surveyor.

A Real Property Report is the only true way of knowing the legal boundaries of the property one is buying or selling.

“Statutory Declaration” means a written certificate of facts solemnly declared to be true by the person(s) signing the declaration before a Commissioner for Oaths.

Obtaining a Certificate of Compliance

  • Compliance reports that are issued by Thorhild County only relate to the placement of buildings and structures on a site relative to the Land Use Bylaw requirements.
  • A request for a Compliance report must include the following:
    • A completed request form as shown in Schedule “A” or a written request by the property owner or the property owner’s representative providing the same information required on the form;
    • Two (2) original Real Property Reports for the site that has been produced by an Alberta Land Surveyor no more than six (6) months old.
    • A Real Property Report produced more than six (6) months but no more than five (5) years prior may be accepted by the Development Authority Officer if accompanied by a sworn Affidavit (Statutory Declaration) stating that no changes to the property have occurred.  If there have been any changes, however slight, a new Real Property Report must be provided.
    • Real Property Reports, older than five (5) years, will not be accepted.
    • Application fee as set out by the Thorhild County Fee Schedule Bylaw.
    • Additional information as required by the Development Authority Officer.
  • A Certificate of Compliance in accordance with Form A will be issued when the existing Development on the lands is in conformity with the provisions of the Land Use Bylaw.
  • Should the existing development on the lands not comply with the Land Use Bylaw, a Certificate Respecting Compliance as per Form B or Form C shall be issued listing the point(s) of non-compliance or Breach to the applicant.
  • If the development was built in accordance with the requirements and regulations in place at the time of construction, whether the regulations were different, or a development permit was not required at the time, this type of development is considered legal non-conforming and is therefore allowed to continue subject to the provisions of Section 643 of the Municipal Government Act.
  • The Development Authority Officer does not inspect the property and relies solely on the information provided in the Real Property Report as provided by the applicant.
  • Compliance reports shall clearly state the following:
    • That Thorhild County makes no guarantee as to the accuracy of the Real Property Report or the information provided on behalf of the landowner.
    • The Compliance Certificate or Certificate Respecting Compliance is based solely on the information presented in the Real Property Report.
    • That Thorhild County is not required to conduct a site inspection to verify the information.
    • The Compliance report evaluates compliance only in terms of zoning, siting, and setback regulations of the Land Use Bylaw.  It does not address compliance with other Municipal Bylaws, Provincial Safety Codes or other Provincial or Federal legislation.
  • The Planning and Development department will consider submitted requests as soon as possible.  However, it may take up to 10 working days before a Compliance report is issued.  For an additional fee as per Thorhild County Fee Schedule Bylaw, express service is available.

Compliante Certificate Application  Compliance Certificate Affidavit

Form A Compliance Form B Non Conforming Form C Breach

Complaince Fees

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 Telephone: 780-398-3741 
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Box 10 Thorhild, AB T0A 3J0

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