Looking for advice - Obtaining real property report when selling home

[viff3r]

My realtor is currently on holidays and I have yet to secure a lawyer, so I am turning to beyond.ca for advice...

Our home is currently listed for sale and I'd like to obtain a refreshed RPR, since we've added a fence and deck since the house was built. Deck was done by me, never bothered to seek city approval, it's a patio-style deck but due to yard sloping the deck is 2' 2" above ground at its highest point. I believe city bylaw states a deck must be under 2' to be considered a patio.

I plan on booking a refreshed RPR but what I'd like opinions on is whether to bother requesting the city of Calgary stamp of approval (or whatever it's called). From what I understand the survey co. will submit the RPR to the city on my behalf, complete with relevant structure measurements, in order for the city to assess bylaw compliance. City charges $163 for this process and the survey co. will charge a nominal fee as well. If the city approves, and provides the stamp, then all is good. If the city doesn't approve then I can go through a process to request special exemption (can't remember the proper term) which will cost me another $700+ and 4 weeks time. From what I gather, this process will result in getting city approval - just at the cost of more $$$ and time.

Since this seems to me like a blatant money grab by the city, what I'm thinking is I'll order the refreshed RPR but I'll instruct the survey co. not to seek city approval. And when I get an offer on my house, if a buyer condition is review of RPR + city approval, I explain that I have the RPR but never bothered seeking approval from the city because I suspect my deck is not bylaw compliant. Of course this may seem shady to the buyer, but my deck is basically a patio (2 inches shy) and I don't want to spend a bunch of money with the city just to get their stupid stamp. I figure I may find a buyer who doesn't care about whether my wicked solid deck complies to city bylaw.... which may harm my chances at selling, who knows. Maybe I'm just cheap haha.

Any thoughts from those more experienced folks who have sold houses before?? thanks.

[Cos]

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[viff3r]

Originally posted by Cos
The City compliance stamp is the stamp the lawyers will look for.

One thing I'm trying to figure out is - is the stamp a legal/City requirement as part of the property sale, or is it something the lawyers will flag but ultimately is left up to the discretion of the buyer whether or not he/she wants a city stamped RPR (rather than just an RPR from the survey co.)

Because to my knowledge (and on the advice of one survey co. I talked to) if I know ahead of time that my deck won't be bylaw compliant, then I am better off saving the $163 and not submitting to City for stamping.

[imranm]

From what I have read the City of Calgary is more concerned with egress issues than Bylaw infractions. Not 100% sure though.

Right from the City website:
What is a Certificate of Compliance?
A Certificate of Compliance is a confirmation from The City of Calgary, that the location of the building(s) on the site comply with the requirements of the Land Use Bylaw.

It does not regulate or enforce any building code requirements. A Certificate of Compliance is usually required by lending agencies and/or lawyers in the sale of property and/or mortgage approval in order to protect their clients' investments.
Standard real estate purchase contracts often require the vendor to obtain a Compliance Certificate.

A Certificate of Compliance is not a legislative requirement but rather a service provided by The City of Calgary. The City does not require you to get a Compliance Certificate.

"It does not regulate or enforce any building code requirements. "

[spikerS]

Part of that is the buyer's lawyer doing their due diligence. It is their way of ensuring that permits and such were pulled for improvements, and I think is a required part of a real estate transaction.

besides, it protects you in the event that after the transaction, if something is found out of compliance, you can be held liable. The $163 is a good insurance policy that you should not cheap out on.

[Cos]

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[stevelou]

Get it updated. The sooner the better. We are going through this now with the sale of our house. I ordered it to be done long before our house sold. But due to our AC unit being to close to the property line it was not compliant. We had to pay 399 to apply for a relaxation. It takes forever to get the completed form back. Ours request for and updated RPR was submitted middle of June and because of the need for relaxation we will not have it done until Aug 8.

We paid for the survey company to do all the leg work as both of us don't work downtown.

Due to the delay of the necessary paperwork our buyers lawyer is with holding 5000 until the completed RPR is submitted.

Hope this helps

[Strider]

Originally posted by viff3r
I figure I may find a buyer who doesn't care about whether my wicked solid deck complies to city bylaw.... which may harm my chances at selling, who knows. Maybe I'm just cheap haha.

Even if they love the deck and don't care about compliance, they'll use it as a bargaining point, and will probably cost you more in the end.

Given that it's only 2", could you add some fill or gravel to build it up?

[spikerS]

Originally posted by Cos


Oh that is a good question. I think you're right that it may not be REQUIRED but if the seller has a good lawyer (I didn't and they still flagged this) as required from their point of view. To me, the $163 is worth the potential it could cost on closing day delaying possession or whatever.

TLDR; No idea, good question.




RPR shouldn't have much to do with permitting. They look at that nothing on the property is within the setback limits, covers more than a certain % of the yard, and that you didn't build anything on a ROW. Improvements to many parts of the home that require a permit wouldn't be captured on a RPR.

Absolutely. I was just referring to it in context as the OP is specifically wondering about the deck in his yard.

[JordanLotoski]

Personally I would just get it done and out of the way, If you look at your current one you will see the company that did it, call them and ask for an update. Much cheaper then a new one

The city stamp of compliance is 100% mandatory



http://www.dawatt.com/
http://www.yellowpages.ca/bus/Albert...c/2574020.html

[gwill]

Your realtor is on vacation while your house is for sale? Didn't he leave a co worker to handle any calls while he's away? If you can't reach him how are potential buyers of your house reaching him.

[mr2mike]

Pang Surveys
They do good work. Or do what Jordan said and get the company that originally did it as they'd have only to update survey.

[A2VR6]

Originally posted by stevelou
Get it updated. The sooner the better. We are going through this now with the sale of our house. I ordered it to be done long before our house sold. But due to our AC unit being to close to the property line it was not compliant. We had to pay 399 to apply for a relaxation. It takes forever to get the completed form back. Ours request for and updated RPR was submitted middle of June and because of the need for relaxation we will not have it done until Aug 8.

We paid for the survey company to do all the leg work as both of us don't work downtown.

Due to the delay of the necessary paperwork our buyers lawyer is with holding 5000 until the completed RPR is submitted.

Hope this helps

Agreed, I went through the same thing with the sale of my place. I had a RPR updated by the original surveyors and I took it to the city myself. We built a deck and it was found not to be compliant height wise from grade and it took about 6 weeks for a relaxation and a stamp. The buyers lawyer withheld 1500 till the stamped RPR came through and the buyers luckily proceeded with the purchase. Still it was a massive PITA... i'd get it done now.

[nickyh]

Cover up the highest sections with dirt and gravel before you get the new RPR drawn up, it will pass as a patio.
Having sat at the city dept to get the compliance stamp, if the survey company will do it for you - get them to do it, it's painfully slow there.

[Sugarphreak]

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[Weapon_R]

Unfortunately as it's been said, the compliance stamp is what we require, not only the RPR. You have to have a compliance stamp for the deal is unlikely to close.

Updating your existing one is cheapest, but the cost for a new one is about $500 + compliance stamp. Every survey company I know charges about $50 to go and get the stamp, which is fairly reasonable I think.