Any home you buy is your property and you may wonder what the extent of renovation, repairs and maintenance you have to do over the course of ownership. There are provincial and municipal laws that you need to follow, and there can be potential legal risks involved if you don’t follow those laws or meet certain standards.
Need to know
- When you are considering renovations, repairs and maintenance to your home, understand the provincial and municipal laws that you need to follow.
- Depending on what you are doing, you may need to obtain permits from your local municipality and follow certain municipal bylaws, policies or procedures.
- There can be potential legal risks involved if you don’t follow those laws or meet certain standards – such as being fined or being sued.
- If you are planning for renovations or repairs to your home and property, make sure to always check your local municipal requirements first.
- Depending on whether you own a condominium or rent out your home, there may be additional rules for you to follow when it comes to renovations, repairs and maintenance to your home.
Why renovation, repairs and maintenance?
Any home you buy is your property and you may wonder how much you have to look after it. Renovation, repairs and maintenance all take time and money. However, buying a home has – and will – cost you money. Often times, waiting until the last minute to fix something also ends up being more expensive.
There are also provincial and municipal laws that you need to follow. There can be potential legal risks involved if you don’t follow those laws or meet certain standards. For example, you may be forced to make repairs if your home becomes a health and safety hazard for others. You may also face legal issues later on – especially when it comes time to sell your home. For example, you may be fined for not obtaining proper permits. In situations where you do poorly done home renovations or repairs, you may be sued by a buyer for negligence after you sell your home.
Laws that apply to renovation, repairs and maintenance
In Alberta, there are laws in place to make sure builds are safe and in some cases, kept to a certain standard. Some of these laws may apply to you as a homeowner and may depend on the situation (for example, if you own a condominium or rent out your home).
Safety Codes Act
The Safety Codes Act is provincial legislation that sets building safety standards in areas such as building, fire, electrical, gas (natural and propane), elevators, and plumbing and private sewage. Under the Act and its regulations, owners, designers, manufacturers, contractors and sellers of property have duties to follow. The Act also creates a system for inspection enforcement and penalties to make sure that people follow the rules and allows the province to delegate the work to the municipalities for enforcement and penalties.
Homeowners doing renovations must make sure their work follows the Act. One way to comply is to obtain any necessary building permits from your local municipality or other designated agency. During the permit process and various stages of construction, an official will inspect and approve the work so that it meets the Act’s requirements.
Municipal requirements
When you own a home, you must follow your municipality’s permitting processes and bylaws, policies or procedures. Depending on where you live, your municipality may have rules and permit requirements for the following improvements or renovations to your home:
- decks, garages, sheds gazebos
- demolition
- fences and privacy screening
- renewable energy systems
- additions, internal/external renovations, and basements
- ponds, hot tubs, or private swimming pools
- secondary suites or nanny suites
Homeowners usually can apply for their own improvement permits or have their contractors apply for permits on their behalf. Your municipality may also have more rules about who can or must apply for a permit to do certain work (for example, a certified trade contractor) and in what circumstances.
Your municipality may also have other rules you need to follow with your property, for example:
- lot splitting
- rezoning
- new home construction
- infill development
- landscaping
- lot grading
- property standards to ensure safety and livability in a community – this can include standards for interior/exterior of a home, yard, accessory buildings such as detached garages or solariums, and adjoining public property
- short-term rentals
If you are planning for improvements or renovations to your home and property, make sure to always check your local municipal requirements first.
Condominium Property Act and condominium bylaws
If you own a condominium, there are specific laws that relate to repairs and maintenance to be aware of. Under the CondominiumCondominium Legally, a condominium is a type of property ownership. Condominium ownership is unique because it is shared property ownership. When you buy a condominium, you get: Full ownership of the condominium unit (also known as freehold interest) Shared ownership of the common property (also known as tenants in common or co-ownership) Property Act, condominium corporations in Alberta have a general duty to repair and maintain the personal, common and managed property of the condominium complex. While condominium corporations must make repairs to units that are within their responsibility to insure, they are not responsible for repairs that they do not need to insure. CondominiumCondominium Legally, a condominium is a type of property ownership. Condominium ownership is unique because it is shared property ownership. When you buy a condominium, you get: Full ownership of the condominium unit (also known as freehold interest) Shared ownership of the common property (also known as tenants in common or co-ownership) corporations can also make unit owners responsible for repairs or arranging for and supervising unit repairs under the bylaws. Condominiums often have additional bylaws that can affect what repairs or renovations are allowable. For more information about repairs and maintenance in condominiums, refer to CPLEA’s Condo Law for Albertans website.
Minimum housing and health standards (under the Public Health Act)
If you own a home and rent it out, then minimum housing health standards apply to you as a landlord. The Public Health Act is provincial legislation requiring landlords to keep their properties safe, sanitary, and habitable. Landlords must meet the requirements in the Minimum Housing and Health Standards. The standards cover topics such as mice and insect infestations, minimum indoor temperatures, and requirements for kitchen areas.
Did you know?
Depending on where you live, some neighbourhoods or communities have guidelines for external home aesthetics or architecture. For example, some may have recommendations for roofing and fencing, as well as recommendations for the style and colour of fences to ensure that homes are consistent. Some may be more strict with home aesthetics or architectural guidelines –for example, some may have guidelines for landscaping (down to the types of approved and restricted plants), lighting, and accessory structures (like storage sheds, barbque shelters and even trampolines). If you are thinking of making any external aesthetic or architectural changes to your home, check your home owners association’s guidelines.
Potential issues
Doing work without required permits
Many renovations in Alberta require municipal permits (for example, structural changes, electrical, plumbing, or major mechanical work). However, you usually do not need a permit for cosmetic upgrades in your home such as new flooring or paint, but you should check what your municipality says about when you need a permit.
For some types of renovations, you may need a development permit, along with a building permit. Building permits ensure construction safety, while development permits ensure compliance with municipal land use bylaws. You can check your local municipality’s website about building and development permits, or call or visit your municipality’s planning department for more information.
There can be severe consequences for not getting a permit for your home renovation or repair. For example, an inspector or the court may:
- Order you to stop work during the project
- Tell you to remove work that you did
- Fine you a certain amount of money (known as an administrative penalty)
Other issues may arise too if you decide to sell your home and you don’t have necessary permits. For example, you may get less for your house, experience delays with selling it or not be able to sell it at all.
Renovations that violate bylaws or building codes
Even well-intended upgrades can break local bylaws or building codes. Examples include improper decks, fences, or secondary suites. Non-compliant work can especially be a problem when you try to sell the home. Unpermitted or non-compliant work can delay a sale, reduce the sale price, or require repairs before closing. You may also need to remove or correct any non-compliant work at your expense.
Liability during home renovations or repairs
Homeowners can be legally responsible if someone is injured while working on their property, including contractors, volunteers, or friends helping with repairs. This can be an issue even if the homeowner did not cause the injury directly. Homeowners are generally responsible for ensuring work on their property meets legal and safety requirements during home renovations or repairs, even if a contractor makes a mistake.
Liability for home renovations or repairs after you sell
One of the other major risks of poorly done home renovations and repairs is being sued for negligence after you sell your home. To make a successful negligence claim, the injured person (the plaintiff) must prove that:
- you the defendant (and homeowner who did the renovations/repairs) owed them a duty of care
- you breached the duty of care
- the plantiff suffered damages (for example, the work you did hurt them in some way, physically of financially) and their damages were caused by your breach of the duty of care
In such cases, the courts will hold the homeowner to the “reasonable person” standard, which means that they will look at factors such as:
- whether you did enough
- what a reasonable person with similar skills have done
Sometimes, the courts will even impose stricter standards if you did your own renovations and repairs. For example, they may look at whether you were holding yourself out as a tradesperson – so you should be held at the standard of what a reasonably competent tradesperson would have done. Or, if the work was dangerous and beyond your skill level, the courts may determine that you had a duty to expand your knowledge by consulting with an expert.
Do it yourself (DIY) home repairs
When you can do it yourself (DIY) own home repairs depend on the type of renovation and the type of home. For example, for dangerous work such as dealing with gas lines, municipalities will only issue permits to licensed tradespeople to complete that work. Also, some municipalities will only issue building permits to homeowners for freestanding homes, and not condominiums. If you decide to do your own renovations, get proper permits. If permits are not required, only do work that you know how to do competently. If you do not know how to do something, get advice or help from an expert or hire an expert to do that part of the job.
Did you know?
If you are a homeowner and decide to do your own home renoations or repairs, you need to understand the legal requirements, such as permits, and the consequences of doing poor work. You can be sued for doing poor work. To learn more about this topic, refer to the LawNow article: DIY Home Improvements: What’s the law?
Untidy property
As a home owner, you can generally use your land as you like but it’s prudent to keep your property in good repair. There are consequences if your property becomes so untidy that it becomes a health and safety hazard for others including your neighbours (sometimes known as “problem property”). For exsample, this may mean overgrown yards, or excess garbage and junk that attract pests.
If your property is showing signs of serious disregard for general maintenance and upkeep, anyone can file a nuisance complaint with your municpality. A nuisance is a substantial, unreasonable interference with one’s enjoyment of their own property. The municipality can issue you fines or cleanup orders. Depending on your municipality, there can also be severe consequences for repeat offences and problem properties, which may include:
- more fines
- demolition
- forfeiture
- increased tax rates
If you have been notified about your property being untidy and you fail to fix it, your neighbours may also be able to bring a nuisance claim against you in court for unreasonable interference with their right to use and enjoy their own property.
If you are dealing with a neighbour with an untidy property, check with your local municipality. Many have processes and forms for making complaints (even confidential ones) about nuisance property conditions. If you live in a condominium, refer to CPLEA’s Condo Law for Albertans website on dispute resolution.
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- DIY Home Improvements: What’s the law? (Article)
- Rights Within Your Property: Did you know? (Article)