An encroachment agreement is a written confirmation between the City and an owner of a property which allows a structure that extends onto City or public property to remain in place. There is a cost associated with this type of agreement.
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 are the processes and timelines?
Overall timelines may take 8 weeks or more.
- Application intake:
Mailed-in or dropped-off applications: 1 - 2 weeks
Emailed applications (firstname.lastname@example.org): 1 - 3 days
Circulations to city departments/utility companies: 2 - 3 weeks (can take longer for complex applications)
If there are no objections then:
Prepare Agreements (drafting): 2 - 3 weeks
Mail out agreements to obtain owner(s) signatures/corporate seal: applicants are given up to 3 months for this process
Signed/sealed agreements sent to the City Clerk for endorsement: 2 - 3 weeks
Mail out signed/sealed agreement to applicant
We are only accepting mail-in, drop-off and emailed applications. You can mail or drop off the application at the address below.
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)
- Four copies of the real property report (we do not accept faxed, emailed, spliced or altered Real Property Reports) and a copy of the easement document (if applicable)
- A document stating the names that are to appear in this agreement with this request
- 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.
City of Edmonton
Office Hours: 8am-4:30pm
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 which do not require circulation: $300
- Applications which require circulation: $500
Contact Development Services Customer Information and Support Services (below) to determine whether a specific application requires circulation and to determine the appropriate application fee.
2020-2021 Encroachment Fees
Encroachment Fees are a combination of the base fee, plus the application fee plus the GST
Encroachment agreement is done by a letter of consent
(if encroachment is less than 0.05 sq. m)
$100 + $0 + GST
Encroachment is required for an overhead sign/canopy
$50 + ($300 or $500) + GST
Encroachment is onto a Utility right-of way/Easement
$50 + ($300 or $500) + GST
Encroachment is onto an alley/road right-of-way (0-2 sq. m area)
$100 + ($300 or $500) + GST
Encroachment is onto an alley/road right-of-way (2 sq. m – 5 sq. m area)
$350 + ($300 or $500) + GST
Encroachment is onto an alley/road right-of-way (5 sq. m and greater)
Encroachment Fee will vary (consult Development Officer for Fee)