An Encroachment Agreement is a written confirmation between the City and an owner of a property which allows a structure which extends onto City or public property to remain in place. There is a cost associated with this type of agreement.
Details about Encroachments
Identifying Encroachments
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 provides a guarantee that any structures encroaching upon easements, utility rights-of-way, or adjacent public lands have been approved by the City.
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 or lease the land from the City.
Processes and Timelines
Overall timelines may take 8 weeks or more.
- Application intake:
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Online applications: 1-3 days
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Mailed-in or dropped-off applications: 1 - 2 weeks
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Circulations to City departments/utility companies: 2 - 3 weeks (can take longer for complex applications)
If there are no objections then:
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Prepare Agreements (drafting): 2 - 3 weeks
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Agreements sent out to obtain owner(s) signatures/corporate seal: applicants are given up to 3 months for this process
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Signed/sealed agreements sent to the City Clerk for endorsement: 2 - 3 weeks
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Mail out signed/sealed agreement to applicant
Applying for Encroachment Agreements
Online Service
Applications are to be submitted online by logging into the self-serve portal.
Payment will be requested by email once the application has been checked to ensure all required information has been provided.
Payment must be made in full within ten (10) business days of receiving the payment request.
Alternative Application Methods
We also accept mail-in and dropped-off applications. You can mail or drop off the application at the address below.
To apply, include the following information:
- A completed Encroachment Agreement Request form
- Four copies of the real property report
- A document stating all the names that are to appear within the agreement
- A recent copy of the Land Title for the property
Payment will be requested by email once your complete application has been received. Or you may provide a cheque if submitting by mail or drop-off.
Note: Unless it is indicated differently in a letter submitted with your application documents, the encroachment agreement will be prepared in the name of the person(s) on the title.
Drop-Off Location
City of Edmonton
2nd Floor, Edmonton Tower, 10111 104 Avenue NW
Edmonton AB T5J 0J4
Office Hours: 8am-4:30pm
Monday-Friday
Fees
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 metres, 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.
2024 Encroachment Fees
Encroachment Fees are a combination of the base fee, plus the application fee plus the GST
Encroachment Type
Encroachment agreement is done by a letter of consent
(if encroachment is less than 0.05 square metres)
$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 square metres area)
$100 + ($300 or $500) + GST
Encroachment is onto an alley/road right-of-way (2 square metres – 5 square metres area)
$350 + ($300 or $500) + GST
Encroachment is onto an alley/road right-of-way (5 square metres and greater)
Encroachment Fee will vary (consult Development Officer for Fee)
For More Information
Email Development Services at encroachmentagreements@edmonton.ca, or contact 311 (outside Edmonton call 780-442-5311), if you have any questions.