Skip to content

Air Conditioner Permit Issue of RPR in Calgary

Background

  • The City of Calgary does not require a permit for air conditioning units installed prior to June 01, 2008.
  • A change to the City of Calgary bylaw required such a permit after June 01, 2008 however.
  • An air conditioning unit is a permanent structure and is an improvement and therefore must be shown on a Real Property Report ("RPR") based on new bylaw and surveyors' manual of standard practice.
  • Current provisions of the Alberta Real Estate Association's form of residential purchase contract are ambiguous on whether it's Seller's obligation to provide an RPR updating to show air conditioning units1.

Recommendation Body

A guideline/recommendation to solve the above-mentioned issue was passed by the Canadian Bar Association Residential Real Estate Property Subsection - Southern Alberta ("Subsection), on November 11, 2015.

Summary of Guideline

  • A change to the City of Calgary bylaw should not, in and of itself, void an otherwise sufficient RPR when such a change hasn't taken place.
  • An air conditioning unit which was installed prior to June 01, 2008 would not be deemed non-compliant with bylaw. As a result, there's no need for the Seller to have a new RPR to include the air conditioning unit.
  • If an air conditioning unit was added to the property after RPR but before June 01, 2008, the Seller should give a statuary declaration confirming the same.

  • To prove the date of installation of air conditioning unit, lawyers should use evidence that the City of Calgary would accept, namely:

    • An official receipt or invoice showing the installation date (not the purchase date) of the equipment.
    • The builder’s purchase agreement showing record of air conditioning installation.

  1. Excerpt from contract: Closing documents will include an RPR showing the current improvements on the Property according to the Alberta Land Surveyors' Association Manual of Standard Practice, with evidence of municipal compliance or non-conformance and confirming the seller's warranties about the land and buildings. ↩