Calgary Real Property Reports, Window Wells & Air Conditioning Units: What You Need To Know
In 2008, and again in 2022, the City of Calgary updated Land Use Bylaw 1P2007. Since then, many of our clients have struggled with the new regulations regarding window wells and air conditioning (A/C) units.
Before 2008, there were effectively no Calgary RPR bylaw issues concerning either window wells or A/C units. Now, due to the changes there are 3 situations clients should be aware of that may cause concern when applying for a stamp of compliance at the City of Calgary.
Firstly: Air conditioning units (A/C units) are now only allowed to project, up to 1.0 meters into the required side yard (the area at the side of your property). As the side yard is typically 1.2 meters this means that an air conditioning unit needs to be at least .2 from the side of your property. This comes from land use bylaw 1P2007 Section 337-10.
Secondly: In a similar way to air conditioning unit bylaws, window wells are allowed to project up to 0.8 meters into the side yard. Assuming the typical 1.2 meter side yard this means that your window wells must be at least 0.4 meters from the side property line. This information comes from Section 337-1.2 of the same bylaw.
Thirdly: At least one side of your property must be clear of projections by 1.2 meters. These projections include A/C units, window wells, and cantilevers. This comes from both Section 337 - 10 and Section 337-1.2 of the Land use bylaw.
Why should this matter to you?
When you buy or sell a property, you will want to know if there are any bylaws that it does not follow because if the property does not comply with local bylaws, you will not get a stamp of compliance from the municipality. Many buyers will not accept a house without this stamp, and almost all mortgage companies will not mortgage a property with these deficiencies.
When you buy a property, you inherit any deficiencies that the property might have. If your new home does not comply with Calgary’s bylaws, the City may then require you to address any issues, which could add additional expense. Every buyer should get a Real Property Report (RPR) to ensure that their new home is fully compliant.
Consequences for Noncompliant Window Wells
Although rare, if the city makes you remove a window well, you will likely have to remove the window as well. Basement bedrooms are required to have a window of a certain size for escape in case of an emergency. Without a window well, that room will most likely no longer be able to be used as a bedroom. This may cause serious frustration on top of the costs of removing the window well.
Consequences for Non-Compliant Air Conditioning Units
If the City requires that you relocate your air conditioning unit, you will have the expense of having it decommissioned, moved and reinstalled. Because the connection between the furnace and the exterior A/C unit is usually run through the floor, you may have the extra costs of ceiling repairs and moving connections. If your basement is unfinished, it may cause frustrations as the new required outside location may not work very well with the future design of the basement. These are expenses that no homeowner, especially a new homeowner, wants to face.
What about window wells and A/C units installed before 2008?
There is a grandfather process that allows Calgary homeowners to keep any window wells and air conditioning units installed before July 1, 2008. However, in this case, the City considers you guilty until proven innocent. It will be assumed that the projections did not exist prior to 2008 unless you are able to prove otherwise.
Acceptable forms of proof are:
- An official invoice or receipt from the installer showing the date of the installation (not the purchasing date)
- The builder’s purchase agreement, with record of the window well or A/C installation
How Do we Fix this?
When buying or selling a house, it is crucial that the buyer or seller has an understanding of any issues with the property and what the implications of these issues are. A Real Property Report may inform homeowners of these potential issues. Typically, if these issues are discovered, the homeowner have to apply for a relaxation to make the existing design legal non-conforming.
At Axiom Geomatics, issues like this affect about 10% of the properties we survey. An RPR will bring awareness to many situations that may exist with your property but it is really just the start of the conversation. We hope this article will cause you to have more discussions about land, and Real Property Reports, and if we can be part of that conversation we welcome that opportunity. Please reach out to us if we have any questions, we are happy to help!