The Affidavit of No Improvement is a crucial document in Canadian real estate and construction law, designed to protect parties involved in property transactions from potential construction liens or related claims. This sworn statement is typically required by title insurance companies, lenders, and purchasers to verify that no construction work, improvements, or alterations have been made to a property within a specific period (usually 45-90 days, depending on the provincial legislation). The document helps ensure that no contractors, subcontractors, or material suppliers have unregistered lien rights against the property. It is particularly important in transactions where title insurance is being obtained or when a mortgage is being registered. The affidavit must comply with provincial construction lien legislation and property laws, and is commonly used in both residential and commercial property transactions throughout Canada.
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1. Title and Jurisdiction: Clearly states this is an Affidavit of No Improvement and the jurisdiction where it's being sworn
2. Affiant Information: Full legal name, address, and capacity of the person making the sworn statement
3. Property Description: Legal description and municipal address of the subject property
4. Interest Declaration: Statement of the affiant's interest in or relationship to the property (owner, authorized representative, etc.)
5. Time Period: Specific statement of the relevant time period for which no improvements have been made
6. No Improvement Declaration: Sworn statement that no work, services, or materials have been supplied to the property during the specified period
7. No Contracts Declaration: Statement that no contracts have been entered into for future improvements
8. Verification Statement: Confirmation that the affiant has personal knowledge of the statements made
9. Jurat: Formal closing including date, location of signing, and notary/commissioner information
1. Purpose Statement: Used when the affidavit is being prepared for a specific transaction or purpose, stating the intended use of the affidavit
2. Prior Improvements: Include when there were previous improvements that have been fully completed and paid for before the relevant period
3. Corporate Authorization: Required when the affiant is signing on behalf of a corporation, confirming their authority to make the statement
4. Additional Confirmations: Used when specific additional confirmations are required by the receiving party or jurisdiction
1. Schedule A - Property Legal Description: Detailed legal description of the property if too lengthy to include in main document
2. Schedule B - Corporate Resolution: If applicable, copy of corporate resolution authorizing the affiant to make the statement
3. Schedule C - Supporting Documents: Any relevant supporting documentation such as title searches or property records
4. Schedule D - Property Survey: Recent survey or site plan of the property if required to confirm no visible improvements
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