A group of community members in Westgate have come together to explore the option for interested homeowners to implement Restrictive Covenants on their property.
A survey is currently available for residents to provide feedback for the Restrictive Covenant team, view the Westgate Restrictive Covenants Survey or use this link: https://tally.so/r/pbAP1E
As part of their work they’ve addressed some common questions for anyone wanting to learn more about Restrictive Covenants. For more information please email WestgateRestrictiveCovenant@tutamail.com
What is a Restrictive Covenant?
- A Restrictive Covenant (RC) is a private contract between property owners registered with their land title(s).
- Restrictive covenants are a way for neighbours to preserve the distinct residential character of their area and
- restrict the type of development on their local streets.
- Restrictive covenants (RC) are not new and have been used in Calgary for over 100 years. Before zoning bylaws,
- RCs could be used to control land and building uses.
- The restrictive covenant creates a private property right that runs with the land.
- The contents of an RC depend on the agreement made between a group of property owners (e.g. neighbours).
- Signing onto a restrictive covenant is voluntary.
Pros and Cons of Restrictive Covenants
- Restrictive covenants on a street may make these properties more desirable for an individual or family to purchase. It increases certainty for purchasers who want to live on a low-density residential street and want assurances that future developments will follow the same single-family development pattern.
- Most developers want to increase the density of properties they purchase; a restrictive covenant would discourage a developer with that intention from purchasing land with an RC registered against it.
- A restrictive covenant is a “burden” on the land. This means it restricts what the landowner and any future owner can do on the property. All parties to the RC are required to enforce these restrictions.
- It is difficult to change a restrictive covenant after registration. Removing or modifying one requires agreement of all covenant holders and an application to the courts.
- A restrictive covenant is also a benefit to the land, specifying what can be done to the property, benefiting all parties to the RC with stability, predictability and continuity for the life of the RC.
What is the Westbrook Communities Local Area Plan?
- Developed by the City, a Local Area Plan is a policy document providing direction on development and
- community improvements, to help guide change within a specific area.
- The Westbrook Communities Local Area Plan (LAP) includes the Westgate community.
- It was approved by Council on April 25, 2023.
- For Westgate, the LAP describes:
- The large majority of properties being limited to up to 3 storeys high and;
- Some parcels along 8 th avenue, 10 th avenue, Bow Trail, 45 th street, 47 th street, 17 th avenue and Westwood Dr SW: up to 4 storeys high, 6 storeys high and 12 storeys high.
What is the current status of the Calgary Zoning Bylaws?
A citywide rezoning came into effect on August 6, 2024 which brought significant changes:
- Rezone to Residential – Grade-Oriented (R-CG) as base district in established area, permitting single-detached, semi-detached, rowhouse, fourplex and townhouse developments.
This applies to the majority of properties in Westgate. For example, a typical 50 ft wide lot can have 4 units with the potential for each unit to have a secondary suite; resulting in 8 units on one lot.
- Rear units can be built on the same parcel for R-CG and H-GO
- Introduction of new Housing – Grade-Oriented (H-GO) in approved Local Area Plans. This adds the option of higher density development than that of R-CG, with a maximum parcel coverage of 60% and height of 12 meters.
- Expanded Secondary Suite Options: Both a secondary suite and a backyard suite allowed on the same property.
- Parking Requirement Changes: 0.5 stalls required per unit and suite.
Current status:
- On December 15, 2025, Council initiated the process to consider a repeal of the citywide Rezoning for Housing.
- The current land use districts and development rules will remain in place until Council makes its final decision. The public hearings were held starting March 23 continued until April 8th, 2026 when City Council approved a repeal of blanket rezoning with amendments and motions arising. City Council is in the process of determining how these actions and amendments will be implemented. All current information on the repeal of blanket rezoning can be found on the City of Calgary’s website.
- Proposed date for zoning changes is August 2026.
Restrictive Covenants vs. Zoning Bylaws
- Restrictive covenants (RCs) and zoning bylaws are both tools used to regulate land use.
- Zoning bylaws are enacted by municipal governments through legislation whereas restrictive covenants are private agreements between property owners and are registered on land titles with the province.
- Enforcement:
- Zoning bylaws are enforced by municipal authorities whereas RCs are enforced through private civil litigation (courts).
- Duration and Flexibility:
- RCs can last indefinitely or for a period determined in the RC, unless modified or discharged via court order or mutual agreement.
- Zoning bylaws can be changed through formal rezoning processes.
What Restrictions Could be Included in a Restrictive Covenant?
- The landowners subject to the covenant decide what requirements and restrictions are included in their
- Restrictive Covenant (RC).
- Restrictive covenants could limit each property to one dwelling unit plus one secondary suite;
- Restrictive covenants could allow for Duplexes.
- Restrictive covenants could include other items, for example;
- building height restrictions or;
- accommodations for maintaining the mature tree canopy or;
- imposing setback requirements or;
- restricting the maximum lot coverage percentage.
- The RC would “grand father” all existing structures that do not comply with the RC.
What’s next:
- Formation of a Westgate Restrictive Covenant Committee: many hands make for light work. Please email WestgateRestrictiveCovenant@tutamail.com if you wish to participate and have your voice heard.
- Creation of a survey to gauge the interest in a restrictive covenant for the community of Westgate from the resident landowners and if so, to determine what to include and exclude in the said covenant and its duration.
- Watch for further information coming via the Westgate Community newsletter and website.
- Record a preliminary list of resident landowners who are interested in potentially putting a restrictive covenant on their property. This list is non-committal and further serves the purpose of gauging the level of interest in the community to proceed forward.
- The Westgate Restrictive Covenant Committee may sponsor future information sessions based on community interest.
The Westgate Community Association is not affiliated with the Restrictive Covenant work, please direct any questions to WestgateRestrictiveCovenant@tutamail.com.
