Knowledge Base

What is a Compliance Certificate?

A Compliance Ceritifcate is a document that confirms that the structures located on a property conform to the County's Land Use Bylaw by verifying that they are permitted and adhere to all applicable regulations.

Why do I require a Compliance Certificate?

Smoky Lake County usually receives a request for a Compliance Certificate in connection with the purchase or sale of a property as a financial institution, lawyer or buyer wants an assurance that the buildings located on a property conform to the County's Land Use Bylaw. A Compliance Certificate will cofirm conformance or identify the existence of encroaching or non-conforming structures. Financial institutions and lawyers typically require a Compliance Certificate in order to protect their clients' investments. Typical real estate purchase contracts often require the vendor to obtain a Compliance Certificate from the municipality.

How does Smoky Lake County determine whether a structure is compliant with the Land Use Bylaw?

Smoky Lake County requires an applicant to provide two (2) copies of a Real Property Report, prepared by an Alberta Land Surveyor, and dated within six (6) months of the date of application, as part of their application. Upon receipt of an application, the Planning and Development Manager will first determine the land use district within which a parcel is located, and then will review the Real Property Report to determine if the structures and other improvements shown on the Real Property Report conform to the setback requirements in the County's Land Use Bylaw. The Planning and Development Manager typically does not consider whether other development standards have been complied with or whether the use of the land is compliant with the Land Use Bylaw.

What is a Real Property Report?

A Real Property Report is a document prepared by an Alberta Land Surveyor that shows the location of all buildings and visible improvements situated on a parcel of land, including the distances of these buildings and improvements to the parcel's boundaries. Any easements or rights-of-way that are registered against the title of a parcel of land on the date of survey will also be indicated on a Real Property Report.

In preparing a Real Property Report, the surveyor is requried to note all visible encroachments that extend onto the property or from the property onto adjoining lands, including municipally-owned lands.

A Real Property Report is a legal document that can be relied upon as an accurate representation of the existing development on a parcel of land. The Real Property Report takes the form of a plan or an illustration of the various improvements on a property and includes a written statement detailing the surveyor's findings. 

What happens if the the property is non-compliant?

The Smoky Lake County Planning and Development Department will advise the property owner of which improvements located on the property are deemed non-compliant with the County's Land Use Bylaw. It is sometimes the case that a building located on a property does not conform to the current Land Use Bylaw but that it conforms with the Land Use Bylaw at the time it was constructed. In these cases, the buildings will be considered as "legal, non-conforming" and will be allowed to remain on the property in its current location, but no structural alterations or additions will be permitted without approval from Smoky Lake County.

It is sometimes the case that a building located on a property encroaches onto an adjacent property. There are several options which may be available to remedy these situations. Please contact the Smoky Lake County Planning & Development Department to discuss these options.

What happens if a building encroaches onto municipally-owned lands?

If a Real Property Report identifies a building or other improvement that encroaches onto municipally-owned land or a municipally-controled road right-of-way, a Compliance Certificate will NOT be issued by Smoky Lake County until the encroachment has been addressed. This may require that the landowner remove the encroachment, which will require an updated Real Property Report that shows the encrochment has been removed or rectified. In some rare situations, the County may allow an encroachment on municipally-owned land or a municipally-controlled road right-of-way to remain in place. provided that the owner enter into and comply with an Encroachment Agreement with Smoky Lake County. 

Will Smoky Lake County accept a Real Property Report that is not dated within the past 6 months?

Smoky Lake County will not accept a Real Property Report that is more than 6 months old because the County will not be able to verify if the Real Property Report is an accurate representation of the improvements currently on the lands. A Compliance Certificate relies solely on a current Real Property Report as proof of compliance. Statutory Declarations will NOT be accepted in lieu of a current Real Property Report.

Does the County charge a fee for obtaining a Compliance Certificate?

The County charges an administration fee of $125.00 for a Complicance Certificate. Payment can be made online via credit card, or in-person at the County office via cash, cheque or debit. Click here to make a payment online via credit card.

How long does it take to obtain a Compliance Certificate?

All applications for a Compliance Certificate will be processed in the order that they are received and will be processed as expediently as possible. Typically an application for a Compliance Certificate will be procesed within 5-10 business days, provided that the improvements shown on the Real Property Report are deemed compliant with the County's Land Use Bylaw. In cases where improvements are deemed non-compliant, the issuance of a Compliance Certificate may take longer, as the landowner may be required to move/remove an encroaching structure or enter into an Encroachment Agreement with Smoky Lake County. It is advisable to apply for a Compliance Certificate as early as possible to identify any improvements that need to be rectified before the closing date of any real estate transaction.

Where can I find more information on obtaining a Real Property Report and/or hiring an Alberta Land Surveyor?

More information on Real Property Reports and on how to hire an Alberta Land Surveyor can be found by visting the Alberta Land Surveyors' Association.

Click here to download a Compliance Certificate Application Form