can you just set your windows back in the window well 5 more cms?
buying a couple of smaller winows would be way cheaper.

Nope, the problem really doesn't have anything to do with the windows, the actual house or foundation is 5cm too close to the properly line. The variance will allow the house to pass fire code if the windows are removed. The idea is that fire can spread to the house next door easier if windows are present. Removing the windows will delay the spread of a fire to the next house and make up for the 5cm screw up.
Smaller windows are also not an option, although smaller windows will result in lower amount of fire protrusion it still isn't enough to satisfy the variance. In addition the windows are already the minimum size required for bedrooms so making them smaller is the same as removing them for us since the idea is to have legal bedrooms.

Really it's all a bunch of BS in my mind, the fact is there is still over 3 meters between the two houses and the limit is 2.4 meters so realistically it's fine, however since it's based on the properly line and not the combined distance we're in trouble. Ideally it would be nice if we could just revise the two lots and have them resurveyed so my lot gains 5cm and the neighbors losses 5cm. The cost of this would be well worth while if it resulted in the windows being legal.

as far as I am concerned
the city inspectors screwed the pooch on this.
during the foundation inspection, they should have picked up on the fact that the house was in the wrong place.
interesting...i would definitely talk to a lawyer

but would that make the other house to close to the property line?

Steve

No the other house has lots of extra space. Currently the other house is 1.85m where my house is 1.15m. So if possible one could reduce the other house to 1.80m and increase mine to 1.2m. This way both houses would be in spec since the limit is 1.2m and I can't see how someone would miss 5cm from their side yard, it's not even noticeable.

They should have but it doesn't appear that any blame can be put on anyone else. It's possible the foundation shifted 5cm in their minds. If anyone could be held responsible it would be the builders but they are no longer in business and no longer responsible for the house.

Some possible good news is that if the windows do have to be removed legal bedrooms in those locations may still be possible. According to the alberta building code 9.7.1.2 (1) Windows are not required for bedrooms if:

a)Room has electrical lighting
b)Proper ventilation
c)Has a means of egress (exit like an outside door) or has automatic sprinklers

Since the rooms will already have sprinkler systems meeting the other requirements will be easy.

Just my fears, but if this was to be a childs room down the road I don't think I could sleep easy. Smoke inhalation kills many before flames are ever an issue. Quick escape via a window would be a must for me.

Yeap very true but the house does have a finished bedroom already upstairs which could be used for smaller children. Also most of us didn't grow up with these kinds of safety regulations. I know the type of houses I grew up in had security bars that couldn't be removed so there was no way you could get out the window. And most older homes have small windows in the basement which are still used as bedroom windows despite being "illegal". Also I currently live on the top floor of a condo building, you could fit out the windows but they are the furthest thing from a safe exit, better to take you chances with the fire.

When it comes down to it with all the safety equipment these days a window is really a last resort. Smoke detectors should provide adequate time to escape out of a room to an exit less than 10 feet away (walkout basement) and worst case stay low until the sprinklers activate which they would before the house would fill with smoke to the point it couldn't be avoided.

I'm not the type of person who would be the "overly cautions" type of parent. I mean really some of the stuff considered unsafe is some what laughable these days.

I am working at home today, so I can't check my code regarding the sprinklers in single family homes & egress. I do use that clause to have no opening windows in apartment buildings.

An option may be to remove the windows & install glass block to bring in natural light, but still meet the protected opening clause in the code.

Another option I did mention in a previous post is to use a sprinkler protected window, that you would have to check with the sprinkler designer.

On another note it is possible to buy 5cm of land from your neighbor, it does happen, more times than not. It would be a process & expensive as well, plus talking your neighbor into losing 5cm (2in) of land, plus survey costs, as well as all the legal costs with the city.

There may be another couple options as well. Do you know who the permit agency was that provided the building permit? was it the county itself? or a seperate permit agency? Some permit agencys are good to deal with, others, well we won't talk about those.