When purchasing a property many people forget one important thing: how is the land I am purchasing zoned?  This is relatively simple to find an answer for, and the answer can have important consequences for your ownership of the property.

In many cases the answer may seem obvious.  For example, if you are purchasing a residential home in a residential neighbourhood then the land is probably zoned for residential purposes.  However, the answer is not always so obvious, such as in cases involving smaller towns and villages or in rural municipalities.  This is even more so the case when bare land is at issue.

Let’s consider an example: you find a bare piece of land in a small town you would like to build a home on.  However, the land is zoned for commercial purposes and you do not know this.  Under the municipality’s zoning bylaw residential properties are not allowed to be built in commercial zones.  You have now purchased a property which you cannot use in the way you wanted.  While the municipality may rezone the land to residential so that you can build your home this is not a guarantee nor is it a cheap application process for you.

Another example: you purchase a bare piece of land in a residential area intending to build a new business on it.  However, if the land is zoned residential the municipality’s zoning bylaw may provide that you cannot build or operate a business in the residential zone.  Again, you have now purchased a piece of land that you cannot use as you intended.

Finally, a third example: you purchase a home in a residential area intending to operate a business from the home.  However, the municipality’s zoning bylaw might provide that your business can only be secondary to the use of the property as a residence.  This would mean that you need to actually live in the home yourself and then you can operate your business out of the home as well.  You may not have intended to live in the home at all, which will result in a property you cannot use as intended.

The above examples demonstrate why it is always important to check the zoning for the land you are purchasing with the municipality to confirm that you can use the property as you intend.

Other items to watch out for include any debts, easements, or right of ways registered against title to the property which may impact your ability to use the property. Any debts registered against the property will become your liability if the seller does not pay the debts off.  A tax search for the property is also important to determine if there are any tax arrears owed. Tax arrears run with the land and would also become your obligation if you purchase the land and the seller has not paid the arrears off.

Given these risks it is always recommended that you retain a lawyer to help with your real estate transactions.

An associate at Robertson Stromberg, Curtis focuses primarily in the areas of family law, municipal law, and real estate/real property law. Curtis is a collaboratively trained and certified lawyer skilled in resolving disputes outside of the courtroom. He takes a pragmatic, no-nonsense approach to resolve disputes as efficiently and cost-effectively as possible.

The above is for general information only, and not legal advice. Parties should always seek legal advice before taking action in specific situations

Land is zoned to regulate development, ensure public health and safety, and promote the general welfare of the community. The Planning and Development Act (the “PDA”) gives local governing bodies the authority to oversee the planning process. Zoning bylaws dictate the allowable usage of land and often outline the permitted and discretionary uses of the land. These bylaws are essential in managing development and future growth within a community by coordinating local development including the separation of incompatible land uses.

Many zoning bylaws define “development” as the carrying out of any building, engineering, mining, or other operations in, on or over land or the making of any material change in the use or intensity of the use of any building or land.  As such, to construct, erect, place, alter, repair, renovate, or reconstruct a building/structure, a Development Permit is required in almost all cases.

The Saskatchewan Municipal Board’s Planning Appeals Committee (the “Appeals Committee”) recently dealt with the question of what constitutes a “development” under the PDA in the case of Ryan Martin, Leanne Martin, Jason Brittner and Tamara Brittner v Mervin (Rural Municipality), 2020 SKMB 42 [“Mervin”].

In Mervin, two recreational vehicles (“RVs”) were placed on a property without obtaining a development permit, resulting in an “Order to Remedy Development” being issued against the landowners by the Municipality. The landowners appealed the decision, and the Appeals Committee had to determine whether the placement of the two RVs on the land constituted a development that would require a development permit.  

The Appeals Committee found that placing two RVs on the property was a change of use and constituted a development that required a permit. At paragraph 14 of the Mervin ruling, the Appeals Committee found:

[14] Upon consideration, our decision turns on whether the Applicants’ establishment of the two RVs on the subject property constitutes a “development ” as defined under the Bylaw and the Act. We agree with the RMs assertion that placing two RVs on the subject property is a change in use and constitutes a “development’.  We have confirmed with the Appellants that the RVs were brought onto the subject property after purchasing the land. This action resulted in a “change of use” of the subject property as defined in the Bylaw.

As part of their analysis, the Appeals Committee determined that had the landowners been allowed to retain the RVs on the land without a permit, it would have constituted a special privilege inconsistent with the restrictions placed on the neighbouring properties in the Zoning District.

If you start the development process without acquiring the necessary approvals, an Order of Compliance or other enforcement measures may be imposed against you. If you are planning to develop land or are uncertain about whether or not you may require a Development Permit, please don’t hesitate to reach out to one of our lawyers. We would be more than happy to assist you.