In real estate, a restrictive covenant is registered directly on the property’s title and dictates what an owner can or cannot do with their land or building.
Because these covenants “run with the land,” they are binding on all future buyers.
RCG FACTS – Did you know?
- Calgary R-CG re-zoning allows up to four “Dwelling Units” to be developed on a 50 x 120 foot lot, and up to six units on a 75 x 120 foot lot. Secondary suites and backyard suites are also still permitted, so this means up to 8-12 households can now live on a lot that had previously been zoned for just one single detached home.
- New R-CG housing can be up to 11 meters high, enabling 3 story row houses and backyard suites that overlook adjacent properties and have dramatically reduced setbacks.
- New developments will require only 0.5 onsite parking stalls per unit. (No extra parking is required for laneway suites). This means any additional cars will need to park on the street.
- Each dwelling will have its own waste, compost and recycling bins. Imagine 12-24 bins per lot.
- R-CG allows up to 60% lot coverage for new rowhouses, and greatly reduced minimum setback distances from all property lines. This will significantly reduce privacy, the urban tree canopy, and available sunlight for your garden and yard. It will also impact storm water drainage and reduce natural habitat for birds and wildlife in the area.
A substantial majority of Calgary homeowners oppose blanket up-zoning, and many are concerned it will negatively impact property values while doing little to address the city’s current housing crisis.
Higher-density R-CG infill housing in Brentwood and Charleswood is unlikely to be very “affordable”, and once these lots are redeveloped, our neighbourhood will lose many aspects of its unique character forever.
How can I get involved, stay connected or get more information?
Go to BrentwoodRC.ca for full details on Restrictive Covenants including how it can impact market value, other communities that have taken this step, and upcoming meetings, information sessions and volunteer street captains. Subscribe to our email list for ongoing notifications and information updates
To volunteer, please contact Val at val@relocatewithval.ca. We are looking for many more street captains, tech-comfortable people for communications, marketing and emails.
Ready to sign up for an RC on your property? Email BrentwoodRCyyc@gmail.com with your address and we will make a notation on our spreadsheet and connect you to next steps.
MEET VAL LAFERRIERE
I am the volunteer chair for the Brentwood RC Subcommittee of the DTC. My family has lived in Brentwoood for over 20 years now.
I care deeply about preserving the character and environment of our community for the next generation, just as it was passed on to our family.
To sign up, receive email notifications, or for more information, please contact me at 403-690-7629, via our website BrentwoodRC.ca, or email here.
PRESERVING THE INTEGRITY
OF BRENTWOOD
AND CHARLESWOOD
On Aug 6, 2024, the City of Calgary rezoned your property from R-C1 (single detached home) to R-CG. Multiple-unit rowhouses can now be built on ANY lot in Brentwood or Charleswood.
It doesn’t have to be this way.
With guidance and support from other communities in Calgary, a group of concerned residents are proposing a voluntary Restrictive Covenant as a legal means to protect Brentwood and Charleswood homeowners from unwanted forms of higher-density development. We love living here and we want to preserve the unique character of our neighbourhood.
Please consider joining us to ensure a better future for your community!
What is a Restrictive Covenant?
A Restrictive Covenant (RC) is a voluntary, legally binding private contract that you can enter into with like-minded neighbours in your community. Once signed, it is registered against all participating homeowners’ land titles, and restricts the types of redevelopment and allowable housing density on these properties. The intent of the proposed RC is to help us preserve the single detached home (ie R-C1) characteristics of
Brentwood and Charleswood based on interest expressed from our neighbours. Blanket rezoning WILL open the floodgates to unwanted, unplanned and uncontrolled densification in our community. A restrictive covenant can prevent this, but we must act soon.
How does it work?
Because an RC is simply a legal, private contract amongst property owners, the binding terms and constraints described in it apply independently from the City of Calgary’s new zoning bylaws.
As a private contract, it is enforced through the Alberta Court of Kings Bench and governed under the rules of contract law, rather than by the city’s zoning bylaws and planning department. This is what makes a Restrictive Covenant so effective at protecting united groups of property owners. Obviously, the more property owners that choose to participate, the ‘stronger’ the RC becomes, as only those properties included in the RC are the ones which are also bound to follow it. Ideally, we would like to receive 90% participation from properties on each street entering into the Brentwood or Charleswood RC.
RESTRICTIVE COVENANT FAQ
What restrictions will be placed on homeowners who decide to sign the Restrictive Covenant?
Signatories to the RC agree not to subdivide their property or construct more than one single-family home on it. Secondary/basement suites will be permitted in the primary residence. These restrictions will bind both the current AND future owners of that property for the proposed lifetime of the agreement.
Who will it include and affect?
Brentwood and Charleswood property owners are invited to sign and register the proposed RC on their land title. Participation is entirely voluntary and is an individual decision of each property owner. High participation is the key to preventing holes or gaps in the area that developers will exploit. We are protecting each other by agreeing to limit what can happen on our properties, and benefitting when neighbours on adjacent and nearby properties make the same choice.
Can it be changed or removed?
Any changes to the Restrictive Covenant would require the approval of at least 75% of property owners who are parties to the agreement. Once registered on the land title, an RC is difficult to remove. This is what makes it such an effective instrument to prevent future owners or land speculators from building more than one single- family home on each property.
Can this really protect our neighbourhood from inappropriate development?
Several other communities in Calgary and Edmonton have already implemented similar RCs, and the Alberta courts have been consistent in upholding them and preventing redevelopment that does not comply with the RC requirements.
We know of 15 communities in Calgary that are currently implementing restrictive covenants. Infill developers generally avoid areas with robust RCs.
How much will all this cost me, and what does that include?
The cost to participate and register the RC against your land title is expected to be $750. With a high participation rate, a portion of this fee will be used to seed a legal defense fund to defend the covenant against any future landowner attempts to ignore or challenge it. We will be piggybacking on RC initiatives in nearby Varsity Estates using the same lawyer and most of the legal wording in their RC. This firm has helped communities in Kelvin Grove, Eagle Ridge and Bonavista, and we believe they are the most experienced in Calgary in this area of law.
Will it impose any further future financial obligations for me?
No. Signing the Restrictive Covenant does not create any further financial obligations beyond the upfront cost. Should it become necessary to take legal action against a property owner who chooses to contravene the terms of the agreement, the participants would collectively determine whether and how to fund such an enforcement action. The envisioned legal defense fund would assist in these efforts, and further funding participation would be entirely voluntary.
What is the proposed timeline for all this?
We are just starting this journey. Soon, we will convene a neighbourhood meeting where you can learn more about restrictive covenants, discuss your questions or concerns, and begin planning our next steps and timing in greater detail. We anticipate the process will take around 3-6 months to get us to a fully implemented Restrictive Covenant.
Watch for more information arriving in your mailbox soon! Subscribe at BrentwoodRC.ca, email here or call/text 403- 690-7629.
