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Zoning memorandums to cost sellers up to $180

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A city council committee has approved a plan that will require homeowners to prove all additions, sheds, decks and other work complies with zoning regulations before properties are sold.

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Hey there, time traveller!
This article was published 01/02/2010 (5226 days ago), so information in it may no longer be current.

A city council committee has approved a plan that will require homeowners to prove all additions, sheds, decks and other work complies with zoning regulations before properties are sold.

Council’s property and development committee voted 2-1 to approve a bylaw that technically requires home buyers to obtain zoning memorandums within two months of purchasing residential properties.

But in effect, home sellers will wind up paying for the memorandums, which will cost $100 for new homes or $180 for existing homes.

The bylaw, if approved by EPC and council, will take effect June 7.

The city has wanted to create this bylaw for years, as existing property surveys are out of date.

Property chairman Gord Steeves said the move will create safeguards that should prevent future lawsuits, especially as homes are often sold without inspections during the still-warm real-estate market.

St. Vital Coun. Steeves said there will be some inconveniences, but added he believes the legal community supports the move.

Steeves and Old Kildonan Coun. Mike O’Shaughnessy voted in favour of the plan. Transcona Coun. Russ Wyatt voted against the move because he felt it was "a cash grab" even though he agrees new surveying data is necessary.

St. Boniface Coun. Dan Vandal, who has also called the new fee a cash grab, said last week that he believes Mayor Sam Katz’s administration will use the proceeds to balance the operating budget this year.

When aspects of the plan were made public in 2009, some members of the city’s real-estate industry complained they were not consulted.

The city claims it has since consulted real-estate lawyers, real estate agents and surveyors about the bylaw.

Property department director Deepak Joshi said the fee will cover the cost of sending inspectors to see if work on properties complies with zoning regulations.

The city plans to spend $301,000 to hire five additional inspectors to ensure the memoranda are processed quickly enough to ensure property sales are not affected.

Some real-estate lawyers have expressed skepticism five new inspectors will enable the city to keep up with demand.

They also claim the real cost to people selling their homes will be well over $180, as some will be required to obtain surveyors’ certificates at an additional cost of $300 to $500.

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