How are encroachments usually identified?

Encroachments onto City or public property are often discovered when a property is being sold. Usually either the real estate purchasing contract or the lending institution has a clause in its contract that requires the seller provide a guarantee that any structures encroaching upon easements, utility rights-of-way, or adjacent public lands have been approved by the City.

What are the options for encroachments?

Minor encroachments are usually allowed to remain as built with an encroachment agreement in effect however, the City may place conditions on any future alterations to them.

If any encroaching structure is deemed to be causing a safety hazard or interfering with the maintenance of a utility, the City or utility company will require it to be removed, at the owner's cost.

In some cases where the land is surplus to the City's needs, there may be a choice given to purchase the land from the City.

What is the process?

• After submitting an application, the information is first circulated through to the associated civic departments.
• The review and circulation may take up to six (6) weeks or more depending on the complexity of the application and the workload.
• Once completed and no objections are presented, the encroachment agreement will be prepared and sent to the applicant for signature.
• When we have the signed agreement, it will take approximately 2 days to be officially executed.

To apply fill in the Encroachment Agreement Request form and include:

• The application form or a letter stating your name, address, phone number (include fax number if applicable), your property's municipal address include the legal description (plan number, block and lot as shown on your tax notice)
• Three copies of the real property report (we cannot accept spliced, faxed or altered copies of this report) and a copy of the easement document (if applicable)
• A recent copy of the title to the property
• All application fees

NOTE: Unless it is indicated differently in your letter or on the application form, the encroachment agreement will be prepared in the name of the person on the title.

Fees are based on whether an application requires circulation to other City departments, utility companies, or other related parties. Generally, circulation is required if the property is a corner lot or if the encroachment protrudes onto City Lands by 0.5 metres or more; however there are exceptions based on each application.

For encroachments under 0.05 meters, there is no application fee.
For all other applications:

• Applications that do not require circulation: $300
• Applications that require circulation: $500

Contact Current Planning Customer Information and Support Services (below) to determine whether a specific application requires circulation and to determine the appropriate application fee.

2012 Encroachment Fees

For more information:

Current Planning Service Centre