I know how important it is to be a good neighbour - and that goes for any developers of infill too. This FAQ highlights the rules and responsibilities for builders, it also includes municipal and provincial legislation on infill construction and helpful links. My commitment to you is to continue to push for strengthened infill accountability. In addition to this blog, I’d encourage you to read my summary of feedback and what is being done on these concerns here as well as my comments on the Infill What I Heard report here.
How is infill development approved?
A property owner can apply for a development permit with the City of Edmonton to build on their property and/or demolish existing dwellings. When considering the development permit application, the City evaluates what is proposed against the technical requirements of the property’s zoning. If the proposed project meets all requirements, the City is required by legislation to approve the application and issue a permit.
Once a permit is issued, signage is required on the property itself within 14 days of the permit becoming valid and prior to any construction or demolition on-site. It also gets published on the City’s public portal within 7 days of being issued. Edmontonians can sign up for email notifications from the City when development permits are approved in their area. You can also view the daily list of development applications.
What can be done about a development permit once issued?
If an affected neighbour believes a development permit for a property was approved improperly and does not meet the requirements set out in Bylaw and legislation, or if a variance was granted in the approval of a development, they have a right to appeal the decision to the Subdivision and Development Appeal Board. Generally, there is a 21-day window in which appeal applications can be filed from the date of the development permit’s approval.
What responsibilities do property owners have when constructing infill development?
Property owners, and by extension their builders and hired contractors, are responsible for ensuring they are following all applicable development rules and legislation, implementing good construction practices, and maintaining their properties. Being a good neighbour includes ensuring the proper maintenance and safety of their property before, during, and after construction has been completed.
What is the City of Edmonton’s role in managing infill development?
The City is committed to ensuring builders are complying with all applicable rules and legislation, and maintaining good construction practices and ongoing property maintenance. It is important to note that while the City has a role in enforcing rules related to development construction, unintended consequences like damage to other properties is governed through legal channels.
It is recommended that property owners consider documenting the state of their property prior to the start of neighbouring infill construction. This includes taking photos of their yard, house exterior, and fence. The City has created a Neighbours of Infill Checklist and informational brochure to help support residents experiencing infill in their neighbourhoods.
Nearby construction has damaged my property; what do I do now?
In the event of any kind of property damage as a result of infill construction, the mater escalates to a civil matter between property owners, as it would for any normal property damage. Unfortunately, the City of Edmonton does not have the legislative authority to intervene in these disputes.
I’ve included a list of examples of free and low-cost legal support options below:
What is excavation and shoring?
Excavation means the space created by the removal of soil, rock, or fill for the purposes of construction, and includes removal of a basement upon building demolition.
Shoring is the use of temporary structural supports on the sides of an excavation to reduce the possibility of a cave-in endangering workers. Shoring is required for excavations deeper than a minimum of 1.5 metres.
The Occupational Health and Safety Code requires builders to install non-engineered shoring if the excavation is between 1.5 metres and 3 metres in depth to prevent any ground stability being compromised. Infill excavations in Edmonton are typically dug to 1.5 metres or more below grade to allow adequate basement ceiling height. When an active site poses a direct risk of collapse or unauthorized encroachment, the City can conduct an inspection and alert OHS of any infractions.
The City also requires builders to maintain proper fencing around active infill excavation and construction sites to ensure public safety.
What rules exist to ensure proper drainage on properties?
The City requires builders to maintain proper water drainage on-site, both during and after construction. Per the Drainage Bylaw, sump pumps and rain leaders must connect to a storm service or, if no such service is available, discharge to the ground and direct the flow toward a City right of way. Discharge must not be directed toward a neighbouring property.
Where do I report construction safety violations and concerns?
If Bylaw or legislation infractions are observed, reporting avenues are outlined below.
For issues with excavations, lack of proper shoring, or worksite safety concerns, Alberta OHS has the governing ability to stop work for health and safety violations. Call Alberta OHS at 780-415-8690 or file a complaint online
For lack of proper fencing around an active construction site, failure to protect trees on public property, obstruction of sidewalks or roadways without proper approvals, and signage, absence of development permit approval signage, lack of proper drainage flows, unmaintained property or excessive construction waste and anything else not covered by OHS. Call 311, submit a ticket online, or download and use the 311 app
Was this FAQ helpful? Let me know if you have any other questions on infill construction or infill in general.
Erin.
