Dec 96 min read

Information for Triwood Residents on Restrictive Covenants

This information has been prepared by the Triwood Planning Committee in response to inquiries to the Community Association on restrictive covenants (RCs).

What is a Restrictive Covenant?

A restrictive covenant is a legal contract bound to a property (i.e. registered as an encumbrance on the property in Alberta Land Titles). The RC can have many forms, such as granting a right-of-way for utilities, but for the purposes at issue, they are private contracts between a group of landowners who mutually agree to have limitations and obligations placed on their properties. More information on the definition and use of RC’s can be found in Appendix II.

Restrictive covenants were used as development tools before municipal governments were given the power of land-use zoning. Later, subdivision and land developers used them to control future development. Generally they have been used to control development such as allowable uses, house design specifications, height limitations, size restriction and location/setbacks.

Many residential properties in Triwood already have restrictive covenants in place. A link to a map of one known area in Collingwood with RCs is included in Appendix II. Land Title information including RC’s can be obtained from Alberta Registries or from the Spin II app with the URL in Appendix II.

Restrictive covenants are not enforced by the City and must be defended through the legal system.

Background

The City is implementing a strategy to address the housing crisis, with the aim to increase housing supply, support affordable housing, and to ensure diverse and equitable housing. The strategy, approved in September 2023 is called “Home is Here: The City of Calgary’s Housing Strategy 2024-2030”. The Strategy has five main actions, one which was to rezone to a new base zoning of Residential Grade-Oriented (R-CG). After the longest council meeting in history, City Council approved the rezoning on May 16, 2024 and it became effective August 6, 2024.

For Triwood, the rezoning changed all R-C1 and R-C2 zoning to R-CG. The new zoning allows for a greater range of housing varieties. While single detached housing is still allowed, the zoning also permits various forms of multiple dwellings on a lot. When higher density is proposed, the zoning provides for increased lot coverage. Further information on R-CG zone rules is in Appendix I.

Restrictive covenants have been proposed in a few Calgary neighbourhoods, with a few now implemented, as a response to the recent zoning changes. These RCs limit development to certain low density housing types. Appendix II contains links to information on these RC’s including two actual new RCs publically available.

Benefits of Restrictive Covenants

Restrictive covenants can be effective at limiting development density. As an example, lands with a RC that limits development to single detached or semi-detached dwellings will result in less density than non-bound lands.

They may enhance property value when lower density development is seen as desirable.

A RC can restrict development of townhouse and row housing. For example, the Lake Bonavista and CKE RCs do not allow construction across multiple lots. Developers are unable to acquire adjacent lots and construct a single high density development if at least one of the lots has the RC.

Using a RC, development can be controlled with additional rules that are more stringent than the land use bylaws. For example, larger setbacks can be imposed and building height may be lower than allowed by the City’s bylaws.

Disadvantages of Restrictive Covenants

A new RC requires significant organization. In most cases a leadership group is needed to initiate the RC, promost is to residents, answer questions and organize legal services. There are costs associated for a lawyer, and a trust fund may be required.

While not a requirement, a RC generally needs support from a majority of landowners in a block or neighbourhood. Restrictive covenants are enforceable only on the properties that have agreed to the RC. Only parties under the same RC can enforce the RC on another party under the same RC. If a neighbour does not have a RC they are not bound by any of the terms of is neighbour’s RC. This can lead to fragmented development in a neighbourhood.

Restrictive covenants limit a homeowners' ability to develop their property. The RC gives the right of other property owners to control development on your property. As RC’s are contracts between neighbouring landowners, only those subject to the RC can enforce them. RC’s require legal action, with enforcement via the legal system only. Holders of RC’s have the cost and administrative burden to continually defend the RC, otherwise it may become unenforceable.

Covenants tend to be overly restrictive. Many of the new RC’s limit development to only single detached dwellings and may not allow subdivision or suites. In many cases infills and suites can be accommodated in a community with no adverse effects.

RC’s may negatively affect property values. Properties that can be developed for higher density may have higher resale value than those with development potential limited by a RC.

RC’s are generally successfully implemented in neighbourhoods that have high live-in ownership. A neighbourhood with a RC might be viewed as exclusionary.

Greater density can be a positive for both the City and the community. Density supports desirable amenities like schools, libraries, sport facilities and transportation options. Density will also help address access to housing as more homes and a variety of housing can be made available.

The Triwood Planning Committee

The Triwood Planning Committee is a volunteer committee responsible to the Triwood Board of Directors for providing advice on planning matters within the City communities of Charleswood and Collingwood. Anyone who would like to join the committee and help represent the views of our residents is invited to attend one of our meetings.

Not Legal Advice

This document is not to be considered legal advice and is written merely as information for Triwood residents. Legal consultation is suggested before anyone considers placing a restrictive covenant on their property.

APPENDIX I

Summary of R-CG Zoning bylaws

For R-CG the general rules are the same as for the previous R-C1 and R-C2 land use. The R-CG zone has separate specific rules from R-C1 and R-C2. Some of these new rules for R-CG are described below

Permitted Uses include: contextual single detached dwelling, contextual semi-detached dwelling, and secondary suite . Where an application for a permitted use development permit conforms to all of the zoning bylaw requirements and rules, the Development Authority must approve the application and issue the development permit.
Discretionary uses include Cottage Housing, Duplex, Rowhouse, Townhouse, and single and semi-detached dwellings that do not meet all of the Contextual rules. Discretionary applications require public notification and engagement, and are evaluated on the merits of the development before an application is approved. Once a decision is made it may be appealed.
Both a secondary suite and a backyard suite may be developed on a lot
A new density maximum of 75 units per hectare (i.e. typical lots would have a maximum 3 or 4 Units). Currently, suites are not counted as a Unit however Council has asked for this to be re-considered.
All Units must have direct access to grade (i.e. ground level access)
Parcel coverage has step increases that can range from 45% (for less than 40 Units/Ha) up to 60% (for 60 to 75 Units/Ha).
R-CG has its own rules for setbacks for buildings and multiple buildings. The minimum front setback is 3.0 m.
Maximum building height is 11.0 m above grade. Height is further restricted for shared property lines with a limit of 7.0 m (or the adjoining building height) at the property line, and increasing at 45 degrees to a maximum of 11.0 m.
Landscaping requirements
Parking requirements of 0.5 stalls per Unit or suite.