Frequently Asked Questions
How would an RC benefit me?
An RC on your property protects your neighbours from high density development; likewise, when your neighbour has an RC on title, it protects you from high density development. The more homes that agree to an RC, the greater protection for the community.
How much will this cost?
There will be a one time fee of $750 per property, which covers registering the RC on title and contributing to the defence fund.
What does the cost cover?
The cost of the RC is two-fold: half will cover the legal costs to draft and registered the RC on title of the homeowner. The other half will be held in trust for a defence fund to protect the RC from future challenges. RCs are “cheaper by the dozen”; in other words, the more homeowners that participate, the more effective (and cheaper) they will become. It will also allow for more funds to be held in the defence fund which is extremely important.
What happens if I sell my home?
If you sell your home, the RC will remain on title for the next owner. When a realtor lists a property, they will pull title and see there is a restrictive covenant on title and pull the registration to have the full legal agreement to disclose to any potential buyers. It is important you discuss the RC with your realtor (or the buyer, if you are selling directly) as the next homeowner will be required to respect the RC on title.
How does the RC on title work with the current R-CG blanket rezoning?
Restrictive covenants are a provincial legal tool that is a binding agreement between landowners with the same restrictive covenant. R-CG blanket rezoning is a municipal bylaw governed by the city of Calgary. Previous to R-CG zoning, Brentwood was zoned R-1, which meant there could only be one dwelling per lot under the old bylaw. Restrictive covenants are a legal way to maintain R-1 zoning and a chance for the community to further define how they would like to see the community developed, possibly blending traditional R-1 rules with some of the changes in the new R-CG bylaw. For example, secondary suites are now permitted, and it would be important to many residents to allow secondary suites in a restrictive covenant. However, some of the setbacks and heights now permitted under R-CG might infringe on the contextual look of the neighbourhood, safety for pedestrians and shadowing of the smaller bungalows and an RC could circumvent the R-CG zoning in this area.
Will there be one restrictive covenant agreement for Brentwood residents?
No. Survey results were from residents with no back lane that only have front car drive homes. It would be important to have a restrictive covenant for homes with back lane access, and possibly a third restrictive covenant that deals with homes along traffic corridors or within 250 metres of LRT station.
What are some other considerations for restrictive covenants in Brentwood?
Homeowners, particularly closer to the LRT station or along traffic corridors, might want to consider allowing two dwellings per lot, which would mean side by side duplexes similar to those that have been developed in many inner city communities. Other items that need to be reviewed: garden suites, carriage suites, lot coverage, lot amalgamation, parking. RCs should allow homeowners to develop their property with respect to the landscape we have created and our fellow neighbours.
How long will a Restrictive Covenant last?
Historically, RCs did not have an expiry and ran with the property through time. As needs have changed over the years, people have wanted the option to develop their property in different ways which is why it is recommended to put an expiry on new RCs. Brentwood is considering 50 or 75 years.
How will restrictive covenants affect property value?
Brentwood is in close proximity of several communities that that have historical RCs on title indicating one dwelling per lot. These communities were created prior to the city developing R-1 zoning, and have endured for decades. Communities like St Andrew’s, University Heights, Hounsfield Heights and Rosedale have a restrictive covenant on title that has caused their property values to increase. In the period 2022-2024, their land value increased 22% while land value in Brentwood increased 12% (averaged for the community, based on original condition of similar style and sized homes and lots). Buyers looking at older communities are now being extremely cautious in their purchase for single family homes, detached or semi-detached, as they don’t want to invest adjacent to a future high density development.
How is the new R-CG high density developments affecting property value in older communities like Brentwood?
This is new data as high density developments emerge in areas previously protected under R-1 zoning or historical RCs. The Calgary Real Estate Board is unable to track such specific data; however, reviewing sales of properties adjacent to developments in the past year indicates the impacted properties sell for below average to other homes on the street or in the community, and they take significantly longer to sell. In the fall of 2024, there were two impacted properties and they sold for 8% less than similar properties in the same community.
Can the restrictive covenant be removed from title if I change my mind?
It is challenging to remove the RC. Only a judge can do that at provincial court, and only after you have notified all parties to the contract (ie, the other homeowners with the same RC on title) and a certain percentage have to agree to release you from the RC.
What happens if I want to have an RC on my title, but my neighbours do not?
Participation in restrictive covenants is completely voluntary. We encourage neighbours to have conversations about their vision of the future of Brentwood and more specifically the street they have invested in, but ultimately it is their choice and you can proceed with an RC if you wish knowing you are protecting the neighbours around you from high density. Perhaps the next owner next door will see value in an RC on title, or the fact that you have an RC will be a voice to those on your street that you believe in preserving the contextual legacy of Brentwood.
In the meantime, what can I do about R-CG development on my street?
If you see one of the city sandwich board signs in front of a property, follow up with the development permit application to see what is being planned. Submit your opinion on the project (for or against) with supporting evidence within the deadline. You might only have 14-21 days to respond, so don’t delay. Have regular conversations with your neighbours about R-CG proposed development and get involved with the Brentwood Community Association, the Development and Transportation Committee or the Restrictive Covenant Committee. Make sure you subscribe to our email updates at brentwoodRCyyc@gmail.com.
What other communities are introducing RCs for homeowners? How has it affected the community and market value?
There are 15 communities actively pursuing RCs that we have the benefit of learning from their experience. Some of the key ones to follow: Chinook Park/ Eagle Ridge/Kelvin Grove, Varsity, Lake Bonavista. Triwood (Charleswood and Collingwood) has interest but no one has taken up the volunteer role to begin the initative. Triwood Community Association has information published on their web site. Varsity is tackling RCs by area since it is such a large community. They have found since moving forward with RCs, there are fewer DP applications and fewer developers purchasing in their community; in fact, it has deterred developers from investing in Varsity for the purposes of high density development. In the meantime their market value has continued to increase in value with properties coming on the market and receiving multiple offers. New construction in Varsity in the high end market is also selling well, usually in less that 30 days.
What happens if a developer challenges the RC in order to develop the property according to R-CG zoning?
If a developer or builder proposes a development that violates the RC on title of that particular property, the defence fund will be used to address the matter. This is why it is important to have a defence fund. Rosedale residents are currently defending their historical restrictive covenant. It cost $22,000 to go to court to have the RC upheld on the property the developer purchased; however the developer appealed the decision and the lawyer is estimating another $40,000 in legal fees to go to appeal. Back in the 1950s, no defence fund was established so today residents have to donate to the defence fund to maintain their RC. It is equally important to note, that if you don’t have an RC on title, you cannot object to something happening on a lot with an RC. You must be part of that agreement. Likewise, if you want to object to something going on a lot without an RC, you will not likely have much grounds for objection as long as it complies with R-CG zoning bylaws.
How many homeowners need to participate to make RCs effective?
RCs are most successful when properties that are connected geographically participate together. Research shows that even every other home is enough to prevent overdevelopment and high density projects that we are currently seeing in Capitol Hill, Mount Pleasant and Banff Trail. Therefore the goal is to get 50% of each area of Brentwood to participate, but ideally we would love to see 75%!