A Compliance Certificate is confirmation from the County that your development (siting and use of buildings) on a property meets the regulations of the Land Use Bylaw. Compliance Certificates are increasingly being requested when real estate is sold.
The following is required to initiate a compliance review:
- Completed application
- Fees Paid
- Two originals hard copies of the Real Property Report or an electronic copy submitted directly from the Surveyor
- Timeframe may vary depending on the number of compliance review requests being processed.
- In situations where an appeal is made to the Secretary of the Development Appeal Board, it takes approximately three to four weeks before a hearing takes place, and may take an additional two weeks for a written decision from the Development Appeal Board.
- It's best to request a compliance certificate as soon as you have decided to sell your property.
To submit a Compliance request please find our application on this page.
Encroachments onto County or public property are often discovered when a property is being sold. Usually either the real estate purchasing contract or the lending institution has a clause in its contract that requires the seller provide a guarantee that any structures encroaching upon easements, utility rights-of- way, or adjacent public lands have been approved by the County. This is done by applying for and receiving a compliance certificate outlined above.
What are the options for encroachments?
Minor encroachments are usually allowed to remain as built with an encroachment agreement in effect, however, the County may place conditions on any future alterations to them.
If any encroaching structure is deemed to be causing a safety hazard or interfering with the maintenance of a utility, the County or utility company will require it to be removed, at the owner's cost.
What is the process?
- After submitting an application, the information is first circulated through to the associated civic departments.
- The review and circulation may take up to six (6) weeks or more depending on the complexity of the application and the workload.
- Once completed the application and department summary will be submitted to Council for a decision
- Council will issue a decision to either approve the encroachment or refused it.
- Based on Councils decision and encroachment agreement will be drafted accordingly.