A Restrictive Covenant (RC) is a legally binding private contract between neighbours that is registered against their land titles. Signatories to the RC agree not to subdivide their property or to construct more than one single family home on it. Neighbours can determine if they wish to include other items in the RC such as rules regarding backyard suites. These restrictions are binding on current and subsequent owners of that property for the 75-year life of the agreement. The intent of the RC is to preserve the distinct residential character of the neighbourhood and restrict the type of redevelopment and density within it.
Restrictive covenants are a way for neighbours to preserve the distinct residential
character of their area of Varsity and restrict the type of development on their local
streets. Many people feel that blanket rezoning and other planning policies are putting
this character at risk. Residents who elect to apply a restrictive covenant to their
property are helping their neighbours and themselves by protecting the features they
enjoy in their community.
Implementing restrictive covenants in Varsity will help preserve the single-family
residential character and urban tree canopy of specific areas within the community
where residents wish to participate.
The restrictive covenant in Varsity would restrict the future redevelopment of the
property to a single detached dwelling (also referred to as a single family home) which
has a maximum of 45% lot coverage under the current Calgary Land Use Bylaw.
Townhouses and rowhouses (4-plex or 8-plex) developments with 60% lot coverage
would not be permitted. The restrictive covenant would also prevent the subdivision of
the lot.
The cost to register an RC on your land title is a one-time fee of $750. This includes legal and registration fees and will seed a legal defense fund to defend the RC against attempts to ignore it or remove it.
Signing the Restrictive Covenant does not create any further financial obligations beyond the initial registration cost. Should it become necessary to take future legal action against a property owner who contravenes the terms of the agreement the participants would collectively determine how to fund the enforcement action. The legal defence fund would assist in this effort.
The restrictive covenant has a 75 year lifespan.
Yes. Only the landowner(s) can sign to register a restrictive covenant on the title to their
property. Restrictive covenants are very difficult to remove or modify after registration.
The landowner can apply to have an RC removed or altered, which requires a court
application and the written consent of 75% of the owners of the properties participating
in the RC.
All homeowners are eligible to sign and register this RC on their land title. Participation is voluntary. The higher the participation rate the more effective the RC will be in ensuring that future development is sensitive to nearby properties. RCs act as a deterrent against rowhouse or townhouse development by restricting the ability of developers to subdivide or consolidate lots to build higher density developments.
Removal of the RC or changes to the RC would require the approval of 75% of the people who are party to the agreement. Once registered on the land title an RC is difficult to remove, which makes it an effective instrument to prevent future owners from building more than one single family home on the property.
Other communities in Calgary and Edmonton already have similar RCs and the courts have been consistent in upholding them and preventing redevelopment that does not comply with the restrictive covenant. Restrictive covenants supersede city planning policies. They are a strong deterrent to any type of development other than single family homes. Numerous Calgary communities are currently implementing RCs.
Any person who has signed the same restrictive covenant can enforce it. Enforcement can be done by a single individual or a group of signatories to the RC.
Those who have signed onto the restrictive covenant can bring an application to the Court to enforce the restrictive covenant. This can include seeking a court injunction against the construction of a building that does not comply.
Similarly, if the owner of a property subject to a restrictive covenant applies to the Court to have the covenant removed, neighbours who have signed onto the covenant can oppose the application. Notice of such a court application must be given to all properties subject to the covenant.
If property owners whose properties have restrictive covenants do not defend them, developers may choose to ignore them. Neighbourhoods that vigorously defend their RCs discourage developers from disregarding them and encourage them to invest elsewhere. The success rate in maintaining restrictive covenants is very high as most RCs are upheld by the courts.
Some Calgary communities such as Mount Royal, Elboya-Britannia, Scarboro, Elbow Park, Hounsfield Heights, and Mayfair/Bel-Aire have older restrictive covenants that were implemented when their communities were built while others have recently begun to implement restrictive covenants.
There are approximately 15 communities in Calgary that are in the process of implementing new restrictive covenants.
If you are interested in participating or would like to volunteer email Jo Anne Atkins at joanneatkins@shaw.ca.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.