Restrictive Covenants

Restrictive covenants are for people who want to determine what zoning should look like in their community.

In simple terms, a Restrictive Covenant is when a property owner places a restriction on their title. It is an agreement where one party agrees to limit how their land can be used for the benefit of another (your neighbour as an example). These covenants can be one-way or, as in our case, mutual—meaning all properties involved are both giving and receiving the benefit.

The “Burdened Parties” are the registered owners of the lands that are subject to the restrictions. The “Benefitting Parties” are those who benefit from those restrictions. In our situation, everyone who signs the covenant is both a Burdened Party and a Benefitting Party—as their lots are both subject to, and protected by, the covenant.

Restrictive covenants are tied to the land itself, not the individual owners. This is what’s meant by the covenant “running with the land.” Even if a property changes hands, the covenant remains in effect. In fact, many historical restrictive covenants continue to apply decades after they were first registered.

For a restrictive covenant to be enforceable, it must impose a restriction or limitation in nature. It functions as a form of private land-use control.

Each covenant is unique. The specific restrictions must be clearly stated in the document itself—there’s no standard template for how a restrictive covenant is made. When a restrictive covenant is drafted, the document is a one-size-fits-all application to all houses who sign. There’s no revising of the draft’s limitations at a later date.

For example, the covenant could be focused on maintaining the single-family residential nature of the neighbourhood. It’s primarily concerned with preventing subdivision and development that would alter the overall character of the area. There’s restrictions on setbacks and height to deter three-storey dwellings.

It’s not about stopping homeowners from renovating their homes, adding a second storey, rebuilding a new single-family residence, changing house colours, or installing a garden shed.

Anyone is welcome to create their own restrictive covenant, but it’s costly and therefore, there’s more benefit when it’s pursued in a joint-effort with other neighbours such as this one.

Why Consider a Restrictive Covenant with Your Neighbours?

Restrictive covenants offer a practical, community-driven tool to help preserve the character of established neighbourhoods—particularly in light of significant changes to Calgary’s planning policies.

Historically, restrictive covenants were commonly used in the 1950s and earlier, at a time when no formal zoning bylaws existed to control development. Today, with dramatic shifts in city planning, their relevance is once again on the rise.

In 2024, the City of Calgary rezoned all residential properties to R-CG zoning. This change permits semi-detached homes, townhouses and rowhouses—which can accommodate 10 to 12 dwelling units on a single lot. These developments are typically much larger in scale, allowing greater building envelopes that can dwarf neighbouring homes, eliminate mature trees, provide almost no soft landscaping, they strain street parking, and drastically alter the look and feel of a street.

In addition to higher density housing, the current bylaw now permits both basement secondary suites and backyard or laneway suites on every parcel. While intended to address housing supply, the economics of infill development often mean the new homes are priced far beyond what most Calgarians would consider affordable. Townhouses frequently exceed $1 million per unit, with fourplex units selling for $800,000 or more.

Ironically, what makes neighbourhoods attractive for these developments—mature trees, large lots, quiet streets, and a cohesive single-family feel—are the very things at risk of being lost through densification.

For many residents, tearing down a well-maintained, functional home and removing mature trees to build multiple high-end units which isn’t aligned with environmental sustainability or community values—especially when that existing home could continue to serve a new family for many years.

Young families which have been an integral part of the community, are struggling to outcompete developers who can pay in cash and without contingencies. Many of these new types of developments become secondary investment properties as short term rentals, removing housing stock from the market. RECA presented at the Blanket Rezoning Public Hearing to make it clear that Calgary’s shortcoming in supply for housing-stock is in single-detached homes, the market is not short in multi-unit properties.

This is where Restrictive Covenants come in.

By registering a restrictive covenant on title, homeowners can work together to protect the qualities that drew them to their street in the first place—low-density housing, mature landscaping, consistent setbacks, and a strong sense of neighbourhood identity. These covenants help maintain a unified streetscape and reduce impacts like overshadowing and overlooking from new developments. They also help preserve open green space, reduce traffic pressure, protect the existing tree canopy, and provide space for wildlife.

In areas where many families have lived for decades—and where younger families are now choosing to return to raise their children—the desire to preserve the existing character is strong. With average lot coverages of 25–35%, these communities value space, greenery, and continuity. Under current bylaws, rowhouses can cover up to 60% of a lot. By the time they finish hard landscaping and parking, there is almost no green space left. A restrictive covenant that limits development to a single-detached dwelling helps keep lot coverage in line with existing homes.

Ultimately, getting a restrictive covenant is a statement of commitment to preserving the neighbourhood you chose to invest in and cherish—its quiet charm, its natural beauty, and its strong sense of community.

  • Think of restrictive covenants as an all-for-one, one-for-all approach.

    The City does not enforce the restrictive covenant, nor can it unilaterally vary or remove it. The City has no jurisdiction over restrictive covenants, as they are private contracts.

    Restrictive covenants are legally enforceable by an individual or by neighbours and have been consistently upheld by the Courts. They don’t rely on municipal enforcement, but instead empower communities to protect their shared values through the legal system. To support this, a trust fund or non-profit can be created to manage collected funds. When a developer purchases a property that has a restrictive covenant on the title, neighbours must contact their lawyer to begin the process of legal action.

    Homeowners have the legal right to apply to the Court to enforce it. This may include seeking an injunction to stop construction that violates the covenant’s terms.

    Likewise, if a property owner applies to the Court to remove or modify a restrictive covenant, other homeowners who are party to the covenant can oppose the application. In such cases, notice must be given to all affected property owners.

    If restrictive covenants are not actively defended, developers may attempt to disregard them. However, neighbourhoods that consistently enforce their covenants send a clear message—deterring developers and encouraging them to look elsewhere.

    The good news: courts have a strong track record of upholding well-drafted restrictive covenants. When communities stand behind them, they are a highly effective tool for preserving neighbourhood character.

  • Create a group within your community to learn about the process and coordinate efforts. Attend other communities’ town halls on restrictive covenants. Find a legal team right for you. Feel free to reach out to other communities to find out about their experience including their own trial and errors.

    Some communities start with just a street and expanding from there.

    What if Neighbours are Hesitant to Sign Up?

    It’s natural to hesitate if a neighbour has chosen not to participate in the Restrictive Covenant. You might wonder: Why should I limit my future options if someone next door could still sell to a developer?

    Here’s why it still makes sense to lead the way:

    Restrictive covenants are most effective when communities come together—but that momentum often begins with a few committed individuals. While it would be ideal for everyone on your street to sign on at once, expecting full participation from the start sets the bar unrealistically high. In practice, support grows over time. Many residents need time to understand the implications and benefits before joining in—and that’s okay.

    Signing on early helps set the tone and encourages others to join in. Developers are far less likely to target communities where neighbours are organized, informed, and prepared to defend their interests. Even a partial area with restrictive covenants makes it significantly harder for developers to assemble contiguous lots for larger, multi-unit builds.

    It also sends a powerful message that residents value the character and integrity of their neighbourhood. Some homeowners may still choose to sell to a developer, but many prefer to pass their home on to another family, rather than seeing it demolished.

    As the City continues to push for densification, single-family homes in inner-city areas will become increasingly rare. A restrictive covenant helps protect the existing character of your street—while increasing long-term demand for homes in areas that maintain their traditional form.

    Think of the restrictive covenant as a form of neighbourhood insurance. It doesn’t eliminate all risk, but it greatly reduces exposure to sweeping redevelopment—and it gives your community a practical, enforceable tool to help shape its own future.

  • Learn more about this issue here and what you can do about it.