Commercial Rooftop Telecommunications Lease Due Diligence in Canada

1. Identify the site, system and parties

Map the legal parcel, building, roof zone, equipment rooms, cabinets, antennas, mounts, cable and fibre routes, power, generator, ground equipment and access paths. Identify the registered owner, landlord, operator, site manager, contractors and any sharing users.

A photograph or visible antenna does not prove ownership, authorization, operation, lease income or inclusion in the property sale.

• Legal site
• Licensed premises
• Operator and users
• Equipment ownership
• Access route
• Source documents

2. Establish the private property right

Review current title and registered interests, condominium plans and bylaws, leases, licences, easements, access agreements, superior leases and lender documents with counsel. Define exclusive and non-exclusive areas, equipment rights, expansion, relocation, sharing and quiet-enjoyment constraints.

A federal or municipal process does not grant the operator a private right to occupy a roof. Owner consent does not complete the public or technical workstreams.

3. Apply the current federal antenna procedure

ISED's current CPC-2-0-03 applies to proponents installing or modifying radiocommunication and broadcasting antenna systems. The proponent must address ISED requirements, including land-use-authority contact and public consultation where required.

The CPC contains exclusions for specified proposals, including certain building-mounted circumstances. Do not assume an exclusion: preserve the proponent's dated classification, dimensions, change scope and supporting record.

4. Reconcile the local consultation record

Identify the correct land-use authority and current local process. Calgary publishes telecommunications antenna siting protocols and an application list that distinguishes rooftop or pole-mounted facilities. Edmonton's current form distinguishes initial submissions and final rooftop/building-mounted submissions and notes public consultation where applicable.

Record submission, completeness, consultation, correspondence, concurrence or non-concurrence and conditions precisely. Do not describe local concurrence as a conventional municipal approval of federally regulated radio apparatus.

5. Verify building, electrical and structural evidence

Obtain current drawings, load and attachment information, structural review where applicable, building and electrical permits, inspections, roof warranty consent, penetration details, wind and ice design, drainage protection and equipment weights. Alberta identifies the National Building Code—2023 Alberta Edition as the building code currently in force.

A telecom agreement, ISED record or local consultation does not certify roof capacity, code compliance, electrical work or warranty preservation.

6. Control access, safety and operations

Document 24-hour and emergency access, notice, keys or escorted entry, fall protection, roof zoning, lockout, maintenance windows, snow and ice, interference response, contractor rules and restoration after each visit. Keep confidential security information outside broad transaction files.

Health Canada publishes Safety Code 6 exposure guidance, while ISED regulates wireless communication equipment and compliance. Require operator or qualified-professional evidence; do not create an exposure conclusion from equipment type or distance.

7. Rebuild revenue and expense

Tie base rent, escalation, option periods, additional users, revenue share and reimbursements to executed agreements, invoices and collections. Reconcile electricity, access, repair, professional, insurance, tax, management and restoration costs separately.

Contract rent is not automatically property NOI, market rent or value. Do not capitalize unsigned options, discretionary sharing income or uncollected amounts.

8. Test change, transfer and competing roof uses

Review assignment, change of control, operator consolidation, equipment modification, sharing, technology change, relocation, redevelopment, roof replacement and competing HVAC, solar, signage or amenity plans. Identify notice, consent, cost and priority for each event.

An existing right can constrain roof work or still be subject to relocation language. Counsel and technical advisors should reconcile the documents to the physical plan.

9. Plan expiry, removal and restoration

Record term, renewals, early termination, obsolescence, default, casualty, decommissioning, removal timing, abandoned equipment, environmental handling, penetrations, membrane repairs and security for restoration. Define surviving access and indemnity obligations.

Carry material gaps into price, underwriting, lender review, transaction conditions, representations, closing deliverables or a post-closing capital plan rather than treating a missing record as a harmless administrative item.

10. Maintain one dated evidence register

Index the property right, federal process, local record, building and electrical files, structure, roof, access, utilities, safety, revenue, expenses, insurance, changes and restoration by current source and responsible reviewer.

Commercially coordinates licensed commercial real estate search, marketing and transaction evidence. It does not interpret title, condominium documents, leases or licences; determine federal, municipal, building, electrical or aviation requirements; assess radiofrequency exposure; certify structural or roof capacity; value rooftop rights or telecom income; or provide engineering, planning, tax, insurance, telecommunications or legal advice. The Commercially rooftop and telecom register organizes user-entered records and does not produce a compliance, safety, value or structural score.