- Guarantee plan for new residential buildings : Inspection before the acceptance of the common portions
Definition : Guarantee plan for new residential buildings - Inspection before the acceptance of the common portions
Inspection by a professional (architect, engineer, professional technologist) chosen by the syndicate of co-owners, once:
- The developer has lost control over it;
- The contractor (developer) sent the notice of completion of the work to each known beneficiary (following this loss of control) and to the syndicate.
This inspection is carried out jointly with the contractor and a representative of the syndicate. It makes it possible to verify the general condition of the common portions for new buildings that are governed by the Regulation respecting the guarantee plan for new residential buildings. This inspection consists of a visual inspection of the building based on a pre-established list of items to be verified (provided by the administrator of the guarantee plan). Its purpose is to identify the work that remains to be completed, and the apparent defects and defects in workmanship that need to be corrected.
L’inspection préréception constitue une étape incontournable au moment d’acquérir une propriété neuve. Réalisée de manière rigoureuse et consciencieuse, il s’agit d’une excellente manière de protéger les acheteurs en cas de pépin. Nous vous présenterons dans cette chronique ce que les acheteurs doivent savoir sur l’inspection préréception de la partie privative et sur l’inspection préréception des parties communes de leur immeuble détenu en copropriété divise.
Dans le marché de la copropriété neuve, le plan de garantie obligatoire administré par GCR couvre les immeubles détenus en copropriété divise de quatre unités superposées ou moins ainsi que les maisons unifamiliales isolées, jumelées ou en rangées détenues en copropriété divise. Les « tours à condos » ne sont toutefois pas couvertes par le plan de garantie obligatoire.
March 10th 2022 - The pre-acceptance inspection is a critical step in the process of acquiring a new property. A thorough and careful inspection is the best way to protect buyers from any unforeseen issues. In this article, we will tell you everything you need to know about the pre-acceptance inspection of the private portions and common areas of your co-owned property.
LITTLE REMINDER : Let us start by reminding you that in the new co-owned property market, the mandatory guarantee plan administered by Garantie de construction résidentielle (GCR) covers buildings held in divided co-ownership that have no more than four private portions stacked one above the other, as well as detached, semi-detached or row-type single-family houses held in co-ownership. “Condo towers” are not covered by the mandatory guarantee plan.
The Regulation respecting the guarantee plan for new residential buildings regulates the liability of the contractor (developer) for any problem related to the quality of the construction work. In this regard, this regulation has provided for a specific protection regime for divided co-ownership. Whether it is a private or common portion, a co-owner or the syndicate of co-ownership is entitled to ask the contractor or the administrator of the guarantee plan, namely the Residential Construction Guarantee (GCR), to carry out this work, at any time during the term of the protections.
In 1999, the Government of Quebec introduced a Regulation respecting the guarantee plan for new residential buildings to protect the owners of new homes and certain condominiums. This regulation, prepared in the wake of the government guidelines proposed at the Summit on the Construction Industry in Quebec in the fall of 1993, was intended to respond to consumers' concerns about the too often dubious quality of construction in the residential sector and the many frustrations they experienced while trying to assert their rights. The implementation of this regulation is the responsibility of the the Régie du Bâtiment du Québec (RBQ). Its mandatory nature distinguishes it from optional guarantee plan offered on the market.
A look at the different facets of this new home warranty plan:
Until December 31, 2014, the mandatory warranty plan was administered by various organizations associated with the builders' associations, namely The APCHQ's New Home Warranty, The Abritât Guarantee Inc. and Qualité Habitation. In order to eliminate any appearance of conflict of interest, the Regulation respecting the guarantee plan for new residential buildings has been amended. Thus, the government constituted a regulatory framework allowing the creation of a new single joint body in this area, which would be made up, in part, of as many consumer representatives as manufacturers.
July 27th 2021 - Divided co‑ownership is a housing type that has become popular in Quebec in recent years. If you’re thinking about buying a new condo—undoubtedly a significant milestone in your life—you’ll find helpful tips in this article on choosing the right contractor.
The Guarantee Plan for New Residential Buildings differs from the private guarantee plans offered on the market by the nature of the guarantees offered and the mechanisms for asserting its rights. In this regard, the terms and conditions are set out in the the Regulation respecting the guarantee plan for new residential buildings, which is the responsibility of the Régie du Bâtiment du Québec (RBQ). Finally, unlike private guarantee plans, any purchaser of a building covered by this plan automatically benefits from it. As this is a system aimed at the minimum protection of consumers'rights, consumers cannot waive this mandatory guarantee, even if they sign a document to that effect.