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.