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.
Existing 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.
EMAIL a copy of your Real Property Report (RPR) with Certificate of Compliance stamp to Encroachments@calgary.ca
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. If the encroachment is greater than 3.0 metres, a License of Occupation (landscape License) will be required, please contact Leasing@calgary.ca
After your Real Property Report (RPR) has been reviewed by the encroachment 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.
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.