Definition : Declaration of co-ownership - Initial declaration of co-ownership

Notarial deed, published in the land register, its main purpose is to subject an immovable to the divided co-ownership regime by the method of concomitant declarations of co-ownership. The private portions generally consist of the lots intended to receive a building. Each lot is subject, once the building erected, to a concomitant declaration of co-ownership. The common portions consist of the land and other equipment intended for all the co-owners of the project, such as traffic lanes, outdoor parking or the swimming pool.

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  La déclaration de copropriété est le document maître d'un syndicat de copropriétaires. Elle définit les fondements mêmes d'une copropriété, et indique le code de vie à y adopter.
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The façades of a building not only ensure its watertightness, they alare also a main component of its appearance. In addition to protecting the occupants from the elements, the façades have an identity and style. It is therefore essential to ensure their structural and architectural integrity, if major work needs to be carried out to repair or replace them. More specifically, the main façades of a building, whose history and conceptual integrity require meticulous interventions.  Whether it is on a stand alone building, a co-ownership by phases or on townhouses. This is especially true in co-ownerships, where respecting the specific intention of the architect who designed the building is essential. In addition, some façades are subject to the Building Chapter of the Safety Code (BCSC), adopted in 2013 by the Régie du bâtiment du Québec (RBQ). They must be inspected at fixed intervals and, if necessary, corrective work must be carried out to keep them safe. A review of the components that make up the envelope of a building, and which require special attention.
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The Board of Directors (the Board) is made up of members called directors. Their appointment is subject to certain formalities. In this regard, article 1084 of the Civil Code of Québec provides that the composition of the Board of the syndicate, the method of appointment, replacement or remuneration of the directors, as well as the other terms and conditions of their office, are fixed by the by-laws of an immovable. Each director acts as a mandatary of the syndicate of co-owners. This person must comply with the obligations imposed on him by law and the constituting act of co-ownership and act within the limits of the powers conferred on him. A director sits on the syndicate's board of directors.   
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A phased co-ownership allows the developer to spread the design of a real estate project over several years, and to modulate the pace of construction work according to the evolution of unit sales. This formula implies that the developer, rather than establishing once and for all the co-ownership he wants to create, proceeds in stages. The co-ownership he creates as part of this real estate project evolves, during construction, before reaching its final form. Because of the complex legal structure, only lawyers and notaries who are fully knowledgeable in the applicable rules of the field should act. A phased co-ownership is also beneficial to consumers. From the time the first buildings are developed, buyers usually know what to expect about the direction of the project, its location and the nature of the buildings to come. This protection is important because if, for example, a developer were to suffer a setback, his successors would be required to honour the original plans and respect what was represented to first-time buyers.
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The intervention of the notary is very important when purchasing an apartment in a divided co-ownership. A professional, member of the “Chambre des notaires du Québec” (Québec Chamber of Notaries), he is also a public officer. As such, the notary has without limitation the mission of executing deeds to which the parties wish or are required to endow with authenticity (such as  a declaration of co-ownership). Even though it is preferable that he should get involved at the outset of a transaction, this legal adviser usually gets involved  after the signing of the offer to purchase or of the preliminary contract. The notary, in his capacity of public officer: Warrants the validity of the deed of sale; Is bound to act objectively and to give legal advice to all the parties (equally to the purchaser and the vendor); Is bound to a duty of information to the parties, which means he should give the parties relevant advice and information in relation with the deeds signed before him.
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