Navigating the complexities of real estate law can be a complicated process. From title insurance to residential lease agreements, all the details matter. Another crucial detail in Alberta real estate is a real property report (RPR), an important document ensuring municipal compliance, and most Alberta real estate transactions require it.
You will find that understanding RPRs is not just advantageous but typically essential to a successful real estate transaction. This underscores the importance of seeking out professional help from an experienced real estate professional or lawyer when navigating the complexities of real estate in Alberta.
What Is a Real Property Report in Alberta?
Simply put, an RPR is a legal document drafted by a survey company under the Alberta Land Surveyors’ Association. It includes things like the property’s boundaries, structures, and land use based on municipal standards.
Title Insurance vs RPR
Title insurance protects against financial losses due to title defects and provides some protection relating to encroachments, unapproved improvements, and zoning issues. An RPR provides a detailed survey of the physical boundaries and improvements on a property. While both are important aspects of real estate transactions, they serve different purposes and offer distinct types of protection.
What Is RPR in Real Estate?
In terms of real estate, an RPR is a contract requirement in most Albertan residential property transactions. This agreement draws upon provincial laws and the codes laid down by municipalities. RPRs ensure that every plot of land meets the standards set for its use and structures by local authorities.
The issuance of RPR is critical for protecting the interests of all involved, confirming that the property is legally sound and ready for sale, or alerting parties to risks otherwise unknown or overlooked. It is one of the backbones of a transparent and smooth real estate transaction process.
Who Typically Needs a Real Property Report in Alberta?
Several people or groups may require an RPR in Alberta.
Buyers
An RPR is essential to a homebuyer. It helps protect them by ensuring the property they are considering meets municipal laws and guidelines, which can help prevent extensive additional costs if they discover modifications were required after the transaction.
Sellers
For sellers, an RPR is a means of good faith and transparency.
Municipalities
RPRs are one way that municipalities can ensure the townships and plots develop in harmony with local and national standards. Municipalities will likely be most concerned with things like structures built on city land or utility right-of-ways, anything that could disrupt water drainage, or how close structures are to property lines.
Real Estate Agents & Lawyers
Real estate agents and lawyers are there to protect their clients and ensure they’re getting what they expect and are paying for. The RPR gives them an additional tool to protect their client’s interests and facilitate a smooth transaction.
Financial Institutions
Finance companies or banks often require RPRs to safeguard their investment when lending money secured against a property title. These reports enable lenders to verify the condition of the property’s improvements that serve as security. For instance, if a detached shop included in the security is built on city land and needs removal, it compromises the security’s value.
The Process of Obtaining a Real Property Report
The path to acquiring an RPR involves several parties—the property owner, a surveyor, and the local authority.
- Hiring a Land Surveyor: This is the initial move—one requiring a skilled professional to visit the property and prepare the RPR.
- Surveying the Property: The surveyor will conduct an on-site inspection, taking measurements and notes for the RPR.
- Drafting the RPR: Post-survey, the RPR is drafted incorporating the findings and details crucial to its purpose.
- Submission to Regulatory Bodies: The RPR may need approval from municipal authorities, a step often necessary in jurisdictions enforcing compliance with local laws.
- Finalizing the RPR: Once approved, the RPR is finalized and provided to the property owner.
Costs Associated with Obtaining an RPR
The costs vary based on the size and complexity of the property, the location, and the surveyor’s rates. Typically, they can range from a few hundred to several thousand dollars. These costs, however, must be viewed through the lens of investment in security and compliance—a small price to pay in the grand scheme of real estate as a whole.
Don’t Skip the Details—Talk to a Professional
RPRs offer a common ground of security and due diligence from the rolling plains of rural Alberta to the bustling urban centers. The specifics of RPR requirements can vary, so it’s crucial to involve professionals who can help protect your interests in every transaction. You may not need a lawyer throughout every real estate transaction, but they are valuable professionals to have in your corner when complex issues arise.
Call our experienced team at KH | Dunkley Law Group today. We’re happy to sit down with you and discuss your needs to ensure you understand all the details. We also offer transparent, flat fee pricing on nearly all our residential real estate services, so you’re never left guessing about what to expect.
This memorandum is for informational purposes only, does not constitute legal advice or an opinion, and does not create a solicitor-client relationship. This is an overview and is not intended to be a complete and exhaustive explanation of the concepts covered. This information may become inaccurate based on passage of time or changes in the law. Nothing herein should be relied upon without seeking the advice of a lawyer.
