Compliance Certificates
Letters of Compliance or Compliance Certificates are typically required by financial institutions whenever a real estate transaction is taking place that requires a mortgage. A Compliance Certificate or Statement Respecting Municipal Compliance is a confirmation that a development meets the regulations of the Land Use Bylaw.
If you are intending to sell your property, it is recommended that you apply for a Letter of Compliance as soon as possible. This will ensure that any complications arising from the Letter of Compliance are minimised and dealt with as much as possible prior to negotiating a real estate transaction. Such issues may include, for example, developments requiring permits that were not obtained or encroachments.
The Compliance Review is based exclusively on information provided by an Alberta Land Surveyor through a Real Property Report.
An application for a compliance certificate shall include:
- A written request (standard Application Form or letter).
- Two original copies of a current Real Property Report not more than six months old or accompanied by a statutory declaration.
- Payment of Fees.
Encroachment Agreements
In some cases, a Letter of Compliance will indicate that an encroachment identified on a Real Property Report will require the applicant or land owner to enter into an Encroachment Agreement with the Town of Morinville. For example, an encroachment is identified if the overhang of a detached garage is placed over an utility right-of-way. An Encroachment Agreement is a written agreement that is placed on the title of the property that authorizes the development to remain.
You may request to enter into an Encroachment Agreement with the Town of Morinville for an encroachment on Town land. However, please be aware that requesting an Encroachment Agreement does not guarantee it will be granted. Please review the Encroachment Agreement Request Form, which provides more information and outlines the standard procedure for application.