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A natural person or a legal person who contracts directly with a third party, to sell to the latter a building he has built, has caused to be built or has undertaken to build. Insofar as divided co-ownership is concerned, it is a person who, when the declaration of co-ownership is registered, owns at least half of all the fractions and, in certain cases, includes his successors and assigns.
WARNING ! Under the “Loi sur le bâtiment” (the Building Act), a developer is presumed to be a general contractor since he offers for sale or for exchange a building or a work of civil engineering. Thus, he must hold a license issued by the “Régie du bâtiment du Québec” (the Quebec construction Board).
14/09/2025
The maintenance logbook, once considered and recommended as a good management practice, is now mandatory in divided co-ownership. This results from Bill 16 (2019), which incorporated article 1070.2 into the Civil Code of Québec. To govern its application, the government adopted the Regulation establishing various rules regarding divided co-ownership. Its…...
16/07/2025
I am a co-owner in a newly established co-ownership. Along with other buyers, we have discovered cracks in the foundation as well as water infiltration in the garage. These issues could be covered by an optional warranty plan. However, the board of directors, still controlled by the developer, provides no…...
01/06/2025
When a building becomes subject to the legal regime of divided co-ownership, the administration of the syndicate is initially entrusted to a natural person—usually one — appointed by the developer. This phase is called transitional administration. This pivotal stage marks the shift from unique ownership of developer to a shared governance between the co-owners,…...
24/01/2025
We purchased an apartment in a new condominium with over 100 units. While some units are occupied, many units, garages, and storage spaces remain unsold. During the special transitional meeting, I was elected as a director. Faced with our responsibilities, we demanded that the developer pay the common expenses related to…...
01/01/2025
The plans and specifications of a constructed (as) built are essential tools for the syndicate of co-owners, responsible for managing the common areas and ensuring the preservation of the building. Kept in the register required under article 1070 of the Civil code of Québec, these technical documents provide an overview…...
23/07/2024
Expenses related to the maintenance and administration of the common portions of a co-ownerships start from its constitution as a legal person. It is therefore necessary that each co-ownership sets up, upon publication of the declaration of co-ownership, a Board of Directors to administer it. This board of directors is the…...
23/07/2024
Although the syndicate’s decision-making bodies are constituted upon publication of the declaration of co-ownership, their effective implementation is, in practice, often carried out by the developer who signed the declaration. The administration and management of the syndicate of co-owners are thus assumed, on a transitional basis, by a director appointed…...
11/05/2024
Building a condominium requires major investments on the part of a developer. This is the reason why a down payment will be required upon signing the preliminary contract for the desired condo unit. The Civil Code of Quebec provides that “any amount paid on the occasion of a promise of sale is…...
11/05/2024
We find ourselves in a financially challenging situation and seek guidance. Two years ago, we made a 15% deposit for the purchase of an off-plan condo, which was scheduled for delivery this year. According to the terms of the contract, if we fail to meet our obligations, we will not…...
02/06/2015
It may sometimes happen that the newly constructed building cannot be immediately subject to a declaration of co-ownership because of the delays surrounding the filing of the cadastral plan with the land register. It is therefore impossible to create the co-ownership and to proceed with the signing of the notarial…...
04/12/2023
Real estate developers who are not the holders of the appropriate license for the construction of the Régie du Bâtiment du Québec may have a legal existence, be listed in the yellow pages and advertise in newspapers or on the Web. However, before signing a preliminary contract for the purchase…...
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08/07/2020
Since last fall, work to complete the construction of our building has been stopped, while buyers of the top floor units were supposed to move in in December. Question: Faced with the refusal of a developer or builder to complete the construction of the building, can the syndicate of co-ownership…...
21/08/2015
The sale of a residential immovable intended for a natural person who acquires it to live in it, whether it is built or to be built by a builder or developer, must be preceded by a preliminary contract. Article 1785 of the Civil Code of Quebec obliges the builder to…...
22/03/2010
As a result of the loss of control of the developer, we have just held the first meeting of co-owners to replace the director who had been appointed by the developer and elect a new board of directors. However, this director has not reported on his administration since the publication…...