A) Decks

We all know that a deck must be shown on the RPR, however does the deck require a permit?  Many clients construct decks but fail to obtain the required permits, in which case the City will refuse Compliance until the required permits are obtained.

So what decks require permits?

According to the Land Use Bylaw 1P2007, all decks that have a surface height of greater than 0.6m above grade at any point of the deck, will require a Building Permit.

Another potential issue are Side or Rear Yard Setbacks!

Side yard set back requirement are 1.2m and rear yard set back requirements are 7.5m. If the client constructs a deck that in any way violates these set back requirements, not only will the client need a building permit but the client will have to apply for are laxation of the setbacks. This application can take up to 6 to 8 weeks.

B) Fence’s

Many Sellers are under the incorrect impression that if the neighbor constructed a fence (on the neighbors own property) they are not responsible to provide an RPR showing the fence (because its an improvement, not on their own property).  Any fence that defines a boundary line, irrespective of who constructed the fence and irrespective of whether or not the fence is within the property boundaries, must be shown on the RPR.

A permit is not required to build a fence provided the fence does not exceed the following heights:

a) Fences- front of the house & along the front property line -1.2m.

b) Fences- between front & rear property line & along the rear property line -2m.

Fences cannot be constructed on City Property or on a Utility Right-of-Way.  Any fence encroaching 0.35m or more onto a Utility Right-of-Way or onto City property will require an Encroachment Agreement.  The City’s fee for an Encroachment Agreement is $525.00 and can take 6-8 weeks to process.

Contact your City department for further information.