Effective March 16, 2020, The City of Calgary has a new Encroachment Bylaw 9M2020.
Note: Current processing timelines
- We are currently meeting the normal two-week response time to reply to your request. We kindly ask that you do not submit duplicate requests.
- To help expedite your request, please ensure all components are included with your application, including your Real Property Report and the property address in the subject line.
- We anticipate an update to the process for applications for new planned encroachments that do not yet exist (i.e., ‘proposed encroachments’) by June 1, 2021, and will provide more up to date information as it becomes available. For further clarification or to start this process, proposed structures require building permits and are processed and approved through the Planning & Development Department. For more information, please contact the Planning Services Centre at 403-268-5311 or calgary.ca/livechat.
The City owns many parcels of land, including streets and lanes, public utility lots and parks. We also have interests in privately-owned lands by way of easements, which are granted to us to allow utility line(s) to be installed and maintained on, over or under privately-owned lands. The rights and privileges of both the property owner and The City are specified in the easement document registered on the property title. A utility right of way is the most common form of this type of easement.
Sometimes a landowner encroaches onto The City’s lands or interests. An encroachment exists when any portion of a building, fence, driveway, retaining wall or other structure extends from privately-owned lands onto City lands or interests. The Encroachment Bylaw is there to: (i) process encroachment applications and agreements; and (ii) enforce the removal of non-permitted encroachments and compliance with encroachment agreements.
The City’s encroachment’s team ensures that encroachments do not adversely affect The City’s lands and interests. Examples of when City lands and interests are adversely affected are when our ability to maintain services is affected and/or public access to the lands, such as public parks, is restricted.
The Encroachment Bylaw requires that formal approval for any existing or proposed encroachments must be obtained from The City. If approved, the private landowner is required to enter into an encroachment agreement. If an owner is unwilling to enter into an encroachment agreement, they are required to remove the encroachment.
The Encroachment Bylaw does not permit any encroachments into park land owned by The City and such encroachments are required to be removed. If an encroachment exists on non-reserve park land and the owner objects to such removal, the owner may apply to The City for a license of occupation. If The City objects to the license of occupation, the owner will then be required to remove the encroachment.
Encroachments on any land designated as Reserve (Municipal Reserve, Conservation Reserve, Environmental Reserve, etc.) must be removed as encroachments are not a permitted use of Reserve land under the Municipal Government Act (Alberta). The City is unable to grant any encroachment agreements on Reserve land. For more information on encroachments on City-owned park land please refer to Encroachments into parks and green spaces.
Any non-permitted encroachments that remain on City lands or interests carries a penalty. Fines can range from $750 to $10,000 upon conviction.
If you are uncertain if you are encroaching on the City’s lands or interests, refer to your Real Property Report for your legal property boundaries.
When requesting approval of an encroachment, please note the following:
- A Real Property Report with a Certificate of Compliance is required as part of the application process. A Certificate of Compliance stamp on your Real Property Report is not an approval of encroachments shown on your Real Property Report. The Certificate of Compliance stamp is related only to building location requirements on your property set out in the Land Use Bylaw 1P2007. A separate stamp will be applied to the Real Property Report to address whether approval has been granted for any encroachments shown.
- If your Real Property Report does not reflect all current encroachments into City lands or interests, any encroachment agreement or license of occupation granted shall only be for those encroachments shown on the Real Property Report. Any encroachments not shown must be removed or a violation ticket will be issued.
- The City cannot grant approval of any encroachments into lands not owned by The City, whether or not they are shown on your Real Property Report.
ENCROACHMENT AGREEMENT APPLICATION PROCEDURES
STEP 1: Submit your Real Property Report (RPR) with Certificate of Compliance stamp to the encroachments team to determine your eligibility for an Encroachment Agreement using one of the three following options:
Option 1: EMAIL a copy of your Real Property Report (RPR) with Certificate of Compliance stamp to Encroachments@calgary.ca
- OR -
Option 2: MAIL a copy of your Real Property Report (RPR) with Certificate of Compliance stamp to:
Real Estate & Development Services
Attention: Encroachment Administrator
Calgary, Alberta, T2P 2M5
- OR -
Option 3: MAKE AN APPOINTMENT to drop off a copy of your Real Property Report (RPR) with Certificate of Compliance stamp. To make an appointment, please email Encroachments@calgary.ca or call 311 and ask for an Encroachment Administrator.
Once you have submitted your Real Property Report (RPR) with Certificate of Compliance stamp to the encroachments team, your RPR will be reviewed by an Encroachment Administrator who will determine your eligibility to apply for an Encroachment Agreement or Consent Letter.
After your Real Property Report (RPR) has been reviewed by the encroachments team, if you receive written confirmation that you are eligible to apply for an Encroachment Agreement, you may submit a formal application to The City of Calgary that contains the following:
- A completed application form – copy located here: Application Form
- A copy of title – copies may be obtained from private registry companies. You need to provide the legal description of the property for which you are seeking a land title.
- A Real Property Report with Certificate of Compliance stamp – Real Property Reports (RPRs) may be obtained from any Alberta Land Surveyor. They provide a detailed map of a specific property. We require an original or very clear copy (not reduced).
- Photographs – these are photographs of the encroaching feature(s). Photographs should give an idea of what the area in question looks like and clearly show the encroachment(s).
- Fee – at the time of application you will pay an application fee AND an encroachment fee. Fees are based on the type, size and extent of the encroachment. Application fees range from $50 to $300 and are non-refundable. Encroachment fees range from $0 to $1,700, however if your application is rejected the encroachment fee will be refunded. An Encroachment Administrator will notify you of the applicable fees in Step 2. The full fee schedule can be viewed here.
Fees may be paid online through City Online located here OR by cheque made payable to The City of Calgary and sent to the mailing address below.
Completed applications may be emailed to Encroachments@calgary.ca or mailed to:
Upon receipt of your application fee and encroachment fee, if required, we will circulate your application to the appropriate City business units and utility providers for approval. If your application is approved, we will prepare the necessary documents for your signature. Such documents may be registered at the Southern Alberta Land Titles Office. The Encroachment Agreement or Encroachment Consent Letter will allow the encroachment to remain for the life of the structure, subject to The City of Calgary’s right to request removal of the encroachment upon 30 days’ notice. Additionally, the encroachment may not be added to, structurally altered or rebuilt on City land without the prior written approval of The City of Calgary, Real Estate & Development Services.
If your application is NOT approved, you will be refunded the encroachment portion of the fee and you will be required to remove your encroachment. The application fee is non-refundable.
FREQUENTLY ASKED QUESTIONS (FAQs):
Where can I get a copy of The City of Calgary Encroachment Bylaw No. 9M2020?
- Copies of The City of Calgary Encroachment Bylaw No. 9M2020 can be downloaded here or are available in hard copy through the City Clerks’ Office. There is also a companion Encroachment Guidelines document.
What are the fees to obtain an Encroachment Agreement or Consent Letter?
- See Step 3 above and the fee schedule.
- If you have any questions not shown in this FAQ regarding the Encroachment Application Procedure or any of the elements required for an Encroachment Application, please contact an Encroachment Administrator at: Encroachments@calgary.ca or via phone by calling 311.