Definition : Legal hypothec - Legal hypothec of construction

A Guarantee taken in the 30 days from the “end of the work” by those persons having taken part in the construction or renovation of an immovable (the architect, engineer,  supplier of materials,  workman, and the contractor or sub-contractor) allowing the latter to guarantee the payment of what is owed to them.

Related articles


You move into your new condo. A few weeks later, a bailiff knocks on your door and serves upon you a notice of preservation of a legal hypothec of construction. He also served all your neighbors. Reading this document, you learn that a dispute remains unresolved between the contractor and a supplier (or subcontractor), concerning work performed or materials furnished that have not been paid by the contractor.  
View more
When you purchase an apartment in a recently built co-ownership, a portion, if not all the private portions of the immovable, can be encumbered by a prior notice of a legal hypothec in favor of persons having taken part in the construction. As a purchaser, you will be compelled to pay the debts of the developer, if he is in default of paying its construction creditors? If so, how will the amounts claimed be allocated between the co-owners? And what happens if they refuse to pay?
View more