Disclaimer: This article is for general informational purposes only and does not constitute legal advice. As REALTORS®, our role is to help clients understand market realities, risks, and opportunities, and to connect them with qualified professionals when needed. Always consult a real estate lawyer before pursuing restrictive covenants or any legal strategy.
Edmonton’s New Housing Reality
City Council’s 2023 zoning reform changed the landscape across central Edmonton. As of January 1, 2024, most mature neighbourhoods are now zoned RS (Small Scale Residential).
That means many lots once reserved for single-detached homes can now be redeveloped as:
Semi-detached homes
Row houses
Garden or secondary suites
Multiplexes (up to 4 units)
The City’s stated goal: expand supply, support affordability, and make better use of infrastructure.
What Is a Restrictive Covenant?
A restrictive covenant is a legal condition registered on a property’s title that limits what can be built.
Runs with the land: It binds future owners.
Private enforcement: The City does not enforce it; neighbours must.
Subject to court oversight: Under Alberta’s Land Titles Act (s.48(4)), courts may discharge or modify covenants that conflict with zoning or public interest.
👉 In theory, a covenant could block a multiplex. In practice, enforceability is often contested and expensive to defend.
The Carruthers Caveat – Glenora’s Historic Shield
Glenora offers a rare example: the Carruthers Caveat (1911).
Covers 400+ homes, requiring large yards and character homes.
Has blocked development, including secondary suites, when challenged.
Works because of collective enforcement by neighbours.
📌 Important: Just because the Carruthers Caveat endures doesn’t mean new covenants today will be equally durable.
Crestwood and the New Wave
Inspired by Glenora, Crestwood residents are beginning to register covenants aimed at blocking multiplexes. Communities like Grovenor and McKernan are exploring similar strategies.
Neighbourhood covenants are stronger than one-off restrictions, but still face the reality of municipal policy and court oversight.
Case Law: When Courts Step In
Howse v. Calgary (2023): Alberta Court of Appeal ruled covenants can be discharged if they conflict with zoning and the public interest in densification.
New Casa Holdings (2021): A century-old covenant was upheld — showing that clarity and history matter.
Property Values: The Heart of the Concern
For most Edmonton homeowners, the issue isn’t just density — it’s value.
Infill often supports values: Replacing aging stock with new homes raises the quality baseline.
Resale demand improves: Central, walkable neighbourhoods with fresh housing options attract younger families.
Broader buyer pool: Multiplexes and row houses make areas more accessible to more buyers.
Restricted lots lose appeal: If a covenant bans redevelopment, developers won’t bid — reducing potential sale price.
👉 Translation: Infill done well can strengthen neighbourhood vitality and value. Restrictive covenants, by contrast, can narrow your resale market.
Lessons from Other Cities
Minneapolis: Broad reform slowed cost growth despite few triplexes.
Portland: Form-based zoning kept neighbourhood “character” while doubling housing choice.
Auckland: Wide-scale rezoning produced record supply and stabilized prices.
California: Legalizing ADUs created thousands of low-impact new homes.
Tokyo: Permissive zoning + transit keeps supply high and prices stable.
Thought Exercises for Edmonton
If every generation froze development, would Edmonton look the same today?
Is “character” about the form of houses, or the people inside them?
Should some neighbourhoods wall themselves off from affordability efforts?
What happens if every homeowner blocks density — does the housing crisis worsen?
Key Takeaways for Edmonton Homeowners
Restrictive covenants can stall redevelopment but are not iron-clad.
Courts lean toward pro-density outcomes.
Infill can enhance property values and neighbourhood renewal.
Alternatives exist: community advocacy, design-focused input, or private sale terms like right-of-first-refusal.
Conclusion
Restrictive covenants are part of Edmonton’s housing conversation, but they’re not a silver bullet. The bigger question is how we balance neighbourhood preservation with fairness, affordability, and growth.
At Iconic YEG, our role is to help homeowners understand market impact, not just paperwork, and to connect them with the right legal and planning resources.
👉 Thinking about selling, buying, or navigating Edmonton’s new zoning rules? Let’s talk.
