Every so often, a compliance application uncovers a problem even the most diligent homeowner didn’t anticipate. In the case of this property, the issue centered on a newly constructed garage that was built too close to the rear property line bordering the lane.
Our client was preparing their property for sale and requested a Real Property Report (RPR) and compliance review. Their garage looked like a standard addition, but when City examiners took a closer look, the application was refused.
The reason? Well, consider where the property line might lie when you look at the fence beside the garage:
Understanding Bylaw Setback Infractions for Rear Garages
The City of Calgary’s Land Use Bylaw sets a very clear requirement:
PART 5: LOW DENSITY RESIDENTIAL DISTRICTS
Division 1: General Rules for Low Density Residential Land Use Districts
Driveways
341 (3) A driveway connecting a lane to a private garage must be a minimum of 0.60 metres in length along the intended direction of travel for vehicles, measured from the property line shared with the lane to the door of a private garage.
When we re-measured at site, we found that the garage door was essentially butted up to the inside wall of the garage. In this case, that wall was only 0.09m thick — not enough to provide the 0.60m from the property line they required.
What Happens Next?
Because the garage did not meet the 0.60m required setback, the compliance certificate was denied. This forced our client into a bylaw relaxation request via the Development Permit process:
- The city notifies the applicant of the infraction through written correspondence.
- The homeowner (or Third Rock, on their behalf) submits a formal application for relaxation.
- This requires an updated RPR, measurements, and photos.
- The timeline for resolution can extend multiple months, especially if additional documents or internal reviews are needed.
Even small deviations from the required setback can hold up a property sale or renovation.
If the garage is built too close, homeowners face choices: move the garage (usually impractical), apply for a relaxation, or risk long-term non-compliance issues.
Key Takeaways for Homeowners & Realtors
- Always check garage plans against current land use bylaws before construction.
- If you’re uncertain, have a professional land surveyor measure and flag problem areas before applying for compliance.
- When buying or selling, order your RPR well in advance and address any bylaw issues early to avoid surprises or delays at closing.
For help with your property compliance and land use needs in Calgary, trust an experienced Alberta surveyor who knows the stakes. Contact Third Rock Geomatics today!
