A Land Use Bylaw is a set of rules to govern the development of an area and is used to create a safe community for everyone to enjoy. What happens when an improvement on a property breaks these rules?
When to apply for Bylaw Relaxation?
When a Real Property Report is submitted for a compliance stamp, the planning and development department will review the RPR and determine if the improvements meet the Land Use Bylaw rules. If compliance is denied, they will explain what rule has been broken and will usually offer the option to apply for a Bylaw Relaxation.
How to apply for Bylaw Relaxation?
Each municipality has a different application process and fee structure to complete the application. With the City of Calgary, no additional fee is required if there is a request from a denied compliance application. The City of Calgary will request photos of the improvement that does not meet the Land Use Bylaw, a copy of the RPR, and a current copy of the title.
Does a Bylaw Relaxation affect the sale of a property?
A bylaw relaxation does not affect the sale of the property. If the bylaw relaxation timeline goes past your closing date, the buyers will most likely request a hold back until the relaxation is completed. The sale will not be closed until an RPR with compliance is provided, unless the buyers waive that condition in the purchase contract.
How long does a Bylaw Relaxation take?
Once the applicant applies for the bylaw relaxation, the city will then review the application. If the relaxation is approved, it will be advertised for 21 days. All affected parties will be notified and will have 21 days to file an appeal. If no appeals were submitted, the city will then release the permit 2-4 days after the conclusion of the advertising period.