Variance Application Alberta: What Rural Property Owners Need to Know

Building your dream home or shop on rural land often comes with unexpected challenges. What happens when your dream build doesn't quite fit the strict rules of the county's Land Use Bylaw or the Alberta Building Code? The answer may be a variance, and understanding this process could save your project.

What Is a Variance?

In Alberta's regulatory system, a variance, also referred to as an "alternative solution" is official permission to build, install, or act in a way that is not strictly consistent with the specific requirements of a code, standard, or regulation .

The Safety Codes Act allows for the issuance of variances, and they may only be issued by a safety codes officer, a technical administrator, or the Safety Codes Council.

The Core Principle

Here's what sets a variance apart from simply ignoring the rules:

• It's about equal or better safety: A variance is intended to provide an equal or greater level of safety to persons and property than that prescribed by the code or bylaw .

• It's for innovation, not shortcuts: Variances are intended to allow for innovative design, new construction technology, or methodology .

• It is NOT a waiver: A variance is not a means of waiving the level of safety required by the Alberta Building Code.

  
  

Two Types of Variances You Need to Know

For rural property owners, the distinction between these two types of variances is critical:

1. Land Use Variance (Development Permit): This is a request to relax a specific rule in your municipality's Land Use Bylaw. The most common examples involve setback requirements, the minimum distance a building must be from a property line, road, or other feature.

2. Building Code Variance (Building Permit): This is a request to deviate from a specific technical requirement in the Alberta Building Code. The most common application here is for alternative solutions where a design achieves the same safety objectives as the prescriptive code requirements but through different means.

   
   

When Do You Need a Variance?

Land Use Scenarios (Development Permit)

• Setback challenges: Your proposed structure doesn't meet the minimum distance from a property line, road, or other required setback . For example, building a garage or shop that must be closer to the property line than the bylaw allows due to mature trees or existing site constraints.

• Building height or lot coverage issues: Your design exceeds the maximum permitted height or the allowable percentage of lot coverage.

Building Code Scenarios (Building Permit)

• Innovative materials or methods: You want to use new construction materials or design a structure in a way that is not specifically covered by the "acceptable solutions" in Division B of the Alberta Building Code.

  
  

Real-Life Example

A property owner in the County of Stettler applied for and received a 100% setback variance to build a new garage and fence that directly abutted a property line. The applicant worked with adjacent landowners to confirm the property line, and administration determined there were no utilities in the right-of-way. The location was chosen to avoid disturbing two large mature fir trees on the property.

The Variance Application Process

The process for obtaining a variance, whether for land use or building code, follows a similar structured path.

Step 1: Discuss with the Authority

Before submitting any formal application, discuss the need for a variance with the appropriate official.

• For a building code variance: Contact a safety codes officer (SCO) in the building discipline. If a building permit has not yet been applied for, contact the municipal office to speak with a plans examiner .

• For a land use variance: Discuss the issue with the municipal planning or development department.

  
  

Step 2: Formal Application

The owner or the owner's agent (such as an architect, engineer, or consultant familiar with the code) must submit a formal variance application.

Key Requirements

• Separate forms for separate issues: A separate variance request form must be submitted for each different issue.

• Tied to a building permit: A variance request can only be accepted if a building permit has been applied for, because a variance must be tied to a specific project.

• Site specific: Variances are site-specific. A separate request is required for each permit or each sit.

  
  

Step 3: Supporting Documentation

This is where the work happens. You must demonstrate that your proposed alternative provides "as good or better performance" than the code's acceptable solution

Documentation Must Include:

1. Name and address of the owner and/or owner's agent.

2. Description of the proposed alternative solution.

3. Identification of the specific code clause or section to be varied.

4. Code analysis outlining the rationales used to determine the proposed alternative will achieve at least the required level of performance, including:

   • Identification of applicable Division B requirements

   • Identification of applicable objectives and functional statements

   • Evaluation of performance of the proposed alternative solution

   • Identification of any assumptions, limiting, or restricting factors

5. Information concerning special maintenance or operational requirements necessary for the alternative solution to achieve compliance.

6. Supporting documents such as concept reports, calculations, engineering studies, test reports, precedents, fire modeling, and drawings.

   
   

Step 4: Review and Decision

• Review: The application and documentation will be reviewed. You may be asked for further information .

• Notification period: For land use variances, the decision is often advertised, and neighbours may have an opportunity to appeal—typically within three weeks of notification .

• Decision: After review, you will be advised of acceptance or rejection. If accepted, a formal permit will be issued that includes any conditions attached to the variance.

  
  

Step 5: Appeal

If your variance is refused, you may have the right to appeal.

• Building Code Variance Refusal: Beginning December 1, 2021, a Written Notice of Variance Refusal issued by a safety codes officer is appealable to the Safety Codes Council. The appeal fee is $500, and must be submitted within 30 days from the date of service .

• Development Variance Refusal: The refusal of a development permit may be appealed to the Subdivision and Development Appeal Board (SDAB).

  
  

The "Leave As Built" Option

There is a special application process that rural property owners should be aware of: the "Leave as Built" confirmation.

This applies when a building has had the appropriate development permits issued, but the actual building has been built in a different location than what was approved.

How It Works

1. Application: A Development Planner reviews the application to determine whether they will approve the variance allowing the structure to remain .

2. Notification: If approved, neighbours within 60 metres of the property are notified. The notification period, in which neighbours may appeal the decision, is approximately three weeks.

3. Decision: If no appeals are filed, the development permit is valid, allowing the building to remain as built.

   
   

Fees for Leave as Built (2026 rates, City of Edmonton) :

• Single-detached house, semi-detached house, or duplex: $195

• Accessory building (garage, shed, gazebo, deck): $145

• Other development (multi-family, commercial, industrial): $415

Special Consideration: Landfill Variances

For rural property owners, there's a unique type of variance that can significantly impact development.

Alberta's Subdivision and Development Regulation defines a setback distance of 300 metres from all non-operating landfills for subdivision developments which have a residence, school, hospital, or food establishment .

However, the Regulation allows a development authority to vary the setback upon receiving written consent from Alberta Environment and Protected Areas (formerly Alberta Environment and Sustainable Resource Development).

What's Required for a Landfill Setback Variance?

The development authority (or municipality) must provide a complete application to the Deputy Minister of Environment and Protected Areas, including :

• A cover letter from the applicant stating the reasons why the site must encroach on the landfill setback and the alternatives if the variance is not granted.

• A detailed site plan (proposed design, water supply, wastewater and stormwater systems, topography).

• An engineering report completed by a professional registered with APEGA.

• Documentation from Alberta Health Services if a private water well is proposed within the 450-metre setback.

  
  

Note: A setback variance for a landfill will not be granted if the development authority approves the development prior to consent being given by the province. This is a complex process often requiring professional engineering support.

Frequently Asked Questions

What's the difference between a variance and a "Leave as Built"?

A variance is requested before construction to deviate from a rule. A "Leave as Built" applies after construction when a building has been built in a different location than what was approved.

Can I get a variance for any rule I don't like?

No. A variance is not a way to bypass safety requirements. You must prove that your proposed alternative provides an equal or greater level of safety.

How long does a variance application take?

For land use variances, the process includes a notification period of approximately three weeks for neighbour appeals. Complex applications, such as landfill setback variances, can take significantly longer.

Do I need a professional to help with a variance application?

For building code variances, it is highly recommended. The applicant must demonstrate an understanding of the Alberta Building Code and the relevant objectives and functional statements, a task best handled by an architect, engineer, or consultant familiar with the code.

Can a variance be appealed?

Yes. For building code variances, a Written Notice of Variance Refusal can be appealed to the Safety Codes Council with a $500 fee within 30 days . For development permits, the refusal can be appealed to the Subdivision and Development Appeal Board (SDAB).

How County Permits Can Help

Navigating variance applications in rural Alberta is complex. It requires understanding both the Land Use Bylaw and the Alberta Building Code, and proving that your alternative solution meets the required safety objectives.

County Permits helps rural property owners:

• Identify whether a variance is the right path for your specific project

• Assemble complete, accurate applications with supporting documentation

• Engage with municipalities to ensure your application is reviewed properly

• Avoid costly mistakes that can delay your project for months

  
  

A variance application is not a shortcut, it's a rigorous process that demands a clear demonstration of equal or better safety and compliance. Don't navigate it alone, book a free consultation here