Exterior cladding of the walls of a building as well as all accessories, electrical or mechanical equipment and other permanent or temporary objects connected to these walls. In divided co-ownership, the façade is presumed to be a common portion, as it usually enters into the composition of the foundations and main walls. It is therefore up to the syndicate of co-owners to maintain and conserve it. .
WHAT YOU SHOULD KNOW ! In
vertical co-ownership, the facade is usually qualified by the declaration of co-ownership as a common part. It is otherwise in
horizontal co-ownership (e.g. townhouses), the facade generally being an integral part of the private portions.
27 février 2022 - La Régie du bâtiment du Québec a élaboré le Guide explicatif des exigences d'entretien des façades. Il découle de l'adoption du Chapitre bâtiment du Code de sécurité (CBCS), qui a été mis en place le 18 mars 2013 par la Régie du bâtiment du Québec (RBQ). Depuis cette date, les propriétaires d'immeubles, dont les syndicats de copropriétaires, doivent obligatoirement faire inspecter leurs façades, tout autant que les dalles de stationnements souterrains hors-sols et les systèmes de sécurité.
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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 Civil Code of Québec confers juridical personality on the community of co-owners. Article 1039 of the Civil Code of Quebec provides that as soon as the declaration of co-ownership is published, the community of co-owners constitutes a legal person called a syndicate of co-owners.
Those duties and obligations are mainly aimed to ensure the preservation of the immovable, the administration of the common portions and the protection of the rights affecting the immovable or co-ownership, as well as all operations in the common interest. However, it is essential to understand them well because failure to comply with these duties and obligations towards a co-owner or a third party could lead to the civil liability of a syndicate.
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WARNING ! Under the Building Chapter of the Safety Code, a building of five or more storeys is subject to maintenance requirements and various checks to keep this element safe. In particular, the syndicate must keep a register, carry out compulsory inspections and obtain an audit report issued by an engineer or an architect, according to certain terms and intervals.
