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1. L’obligation de vérification

Duty to verify


1.1 Identity and legal capacity

1.2 Information on the immovable

1.2.1 Land Register

1.2.2 Municipality

1.2.3 Certificate of location

a) The current physical state of the property

i) Main information contained in the report

ii) Main information included in the plan

b) Costs

c) Deadlines

d) Co-ownerships

e) Certificate of location of more than 10 years

f) Title insurance


1.2.3 Certificate of location

The certificate of location is governed by the Regulation respecting standards of practice for location certificates1, which stems from the Land Surveyors Act.2

A definition of this document can be found under section 2 of the Regulation respecting standards of practice for location certificates3:

“The location certificate is a document en minute, consisting of a report and a plan, stating the land surveyor's opinion on the current situation and state of immovable property in relation to ownership titles, the cadastre and the laws, regulations and by-laws which may affect it. It may not be used or invoked for purposes other than those for which it is intended. ”

In Québec, the certificate of location provides the information essential to the safety of all parties to a real estate transaction. There is no other document that contains this information. It is therefore important and essential.


1 CQLR c A-23, r 10.
2 CQLR c A-23.
3 CQLR c A-23, r 10.

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a) The current physical state of the property

As required in the brokerage contract and promise to purchase forms, the certificate of location submitted must describe the current physical state of the premises.

This expression refers not only to the physical state of the premises (adding a swimming pool, shed, fence), but also to changes in the regulations that may affect the findings made in the certificate of location. Therefore, a change, particularly to zoning regulations (e.g. premises located within a flood zone, erosion zone or a landslide zone), would require the making of a new certificate of location.

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i) Main information contained in the report4

  • Updated cadastral description of the immovable
  • Exact location of the buildings and dependencies relative to the boundaries of the land
  • Conformity or lack of conformity between the marks of occupation on the immovable and the ownership titles, cadastre and measurements
  • Any servitudes affecting the immovable and published in the Index of immovables in the Land Register
  • The boundaries that have been marked with, where applicable, a reference to the registration number of the minutes of the boundary-marking operations
  • Whether the immovable property is a heritage property or located in whole or in part within a protected area or heritage site, where the required notice is registered in the Land Register under the Cultural Heritage Act5, or where a similar provision appears in the municipal zoning by-law
  • Whether or not the immovable property is located within an agricultural zone
  • Any apparent, allowed or exercised encroachment
  • The zone within the meaning of the municipal zoning by-law
  • Conformity of the position of the buildings in relation to the boundaries of the immovable property in respect of the municipal zoning by-law
  • Whether the immovable property is located in whole or in part within a flood zone mapped out (under the Canada-Québec agreement on mapping and floodplain protection signed in 1976) or within a protective strip of land established by the municipal zoning by-law
  • Whether the immovable property is located in whole or in part within a protected zone, a protective strip of land, a flood zone or a risk zone established by the municipal zoning by-law
  • Whether the immovable property is located in whole or in part within an airport site, established by a regulation
  • Whether the immovable property has some apparent characteristics of a housing complex within the meaning of section 45 of the Act respecting the Administrative Housing Tribunal6

4 CQLR c A-23, r 10, art. 9.
5 CQLR c P-9.002.
6 CQLR c R-8.1, art. 45. In this section, “housing complex means several immovables situated near one another and comprising together more than twelve dwellings, if such immovables are administered jointly by the same person or by related persons within the meaning of the Taxation Act (chapter I-3), and if some of them have an accessory, a dependency or part of the structure, except a common wall, in common.”

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ii) Main information included in the plan7

  • Graphic representation of the property with buildings, dependencies and constructions
  • Metes and bounds of the immovable (land)
  • Area of the immovable (land)
  • Dimensions of the structures, buildings and dependencies
  • Where possible, an illustration of elements, including servitudes and encroachments

7 CQLR c A-23, r 10, art. 13.

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b) Costs

The obligation to provide a new certificate of location describing the current physical state of premises is the responsibility of the seller, who must bear the cost thereof. However, if a buyer wishes to obtain another certificate of location, he must do so at his own expense.

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c) Deadlines

When a new certificate of location is required, it is important to take into account the time period for its preparation, and the fact that the notary must be able to take a look at it, as for any existing certificate of location.

Thereby, the licensee should ensure that the new certificate of location is requested as soon as possible after the signing of the brokerage contract, and not wait until a promise to purchase is presented. He must also consider the fact that the notary needs sufficient time to be able to read it before the deed of sale.

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d) Co-ownerships

Regarding co-ownerships, the seller undertakes to provide the buyer with a certificate of location describing the current physical state of the whole co-ownership, including the private portion. If the certificate of location describing the whole co-ownership is not available, the seller must at least provide a certificate of location describing the private portion. This certificate of location must reflect any cadastral renovation.

In addition, entering only the lot number or door number without additional description is not sufficient. If the available certificate is outdated or does not contain a sufficient description of the private portion, a new certificate must be provided.

If the buyer wants a new certificate of location, even though there is no change compared to the one already in the seller's possession, he must assume the cost.

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e) Certificate of location of more than 10 years

If the certificate of location that the seller has when he took up the brokerage contract describes the current state of the immovable and reflects all cadastral renovations, the acting notary will not require a new certificate of location for his due diligence prior to the signing of the deed of sale. However, if the certificate dates back more than ten years, the notary will require a new one because of the ten-year prescription laid down in section 2917 of the Civil Code of Québec that allows acquiring a right of ownership.

Accordingly, in all cases where the certificate of location dates back more than ten years and although it describes the current state of the immovable, the licensee must inform his selling client upon taking up the brokerage contract of the need to mandate a land surveyor to prepare a new certificate of location since the notary will require a new one when carrying out his due diligence. The seller will have to respond to the notary’s request. Although he can reach a prior agreement with the buyer regarding the fees incurred, it is sometimes better that the seller pays them first rather than having a dispute with a serious buyer.

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f) Title insurance

Obtaining title insurance does not in any way release the seller from his obligation to provide an up-to-date certificate of location, whether or not the purchase of the immovable is financed by a loan secured by immovable hypothec.

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Last updated on: December 13, 2022
Numéro d'article: 264834