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Encroachment FAQ

Encroachment

What is an encroachment agreement?
Why do I need an encroachment agreement?
What do I need to do to apply for permission for an encroachment?
Can anybody make an application?
Do I need a lawyer to apply for an encroachment?
What happens in the application process?
How long does it take to process an encroachment application?
Does The City check for encroachments?
How much does an encroachment application cost?


What is an encroachment agreement?

It is a legal agreement between The City of Calgary and the property owner confirming that development beyond your property lines onto public property, City-titled land or utility rights-of-way (built prior to July 1, 1996) has been reviewed and is authorized to remain.

 

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Why do I need an encroachment agreement?

An encroachment agreement makes it easier for you to sell your property if you have a structure that encroaches on a utility right-of-way (built prior to July 1, 1996) or City land. Standard real estate purchase contracts usually include a clause requiring the vendor to guarantee that The City has approved any encroachments. This guarantee may also be required by financial institutions.

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What do I need to do to apply for permission for an encroachment?

You will need the following documents

  • A copy of the title
  • – a legal description of the property is required to obtain a title from a registry company.
  • A Real Property Report
  • – a detailed map of a specific property available from any Alberta Land Surveyor.
  • A letter of intent
  • – a cover letter explaining why you are applying for an agreement. Highlight any important factors and be sure to refer to the property's address and legal description, as well as your mailing address and phone number.
  • Fee
  • – Fees for encroachment applications are subject to a schedule in The City of Calgary Corporate Policy for Processing Encroachment Applications. You can purchase a copy of this policy from The City Clerk's Office or read it at the W.R. Castell Cetrall Library only (no satellite locations). Please phone Bev Fellman at 403-268-5034 or Gurpreet Dhillon at 403-268-3744 or contact by email at encroachments@calgary.ca regarding sending in your Real Property Report to us, we will reply in writing as to which application fee, if any, is relevant to your property.

    If a feature falls under Schedule "B", the fee for an encroachment agreement is $200.00 plus G.S.T. (total $210) and the application is immediately approved. If the feature falls under Schedule "C", the fee is $500 plus G.S.T. (total $525) and the application is subject to approval. Fees must be paid by cheque only. Please make cheques payable to the City of Calgary.

    Applications will not be processed if any of these requirements are missing.

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Do I need a photographs to apply for an encroachment?

You do not need photographs for the application anymore.


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Can anybody make an application?

By following the steps above, anybody can make an application.

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Do I need a lawyer to apply for an encroachment?

You may choose to consult a lawyer if you think your application is complex.

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What happens in the application process?

Your information and application are circulated to affected City business units (e.g. Roads, WasteWater) and utility companies for approval or refusal.

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How long does it take to process an encroachment application?

Processing times vary, but generally applications are reviewed and completed in six to eight weeks.

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Does The City check for encroachments?

Bylaw enforcement officers work closely with developers to avoid infractions and encroachments during the construction phase. They also check regularly for encroachments elsewhere.

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How much does an encroachment application cost?

The fees are $210 or $525 (including G.S.T.), depending on the type of encroachment.  The fee is required at the time of application.  Fees must be paid by cash or cheque only. Please make cheques payable to the City of Calgary.  Please phone Bev Fellman at 403-268-5034 or Gurpreet Dhillon at 403-268-3744  or contact by email at encroachments@calgary.ca in regards to sending in your Real Property Report to us and we will reply by phone or in writing as to which application fee, if any, is relevant to your property.