Your rights and obligations

You have decided to buy a new condo? This choice requires more caution and preparation than buying a new house because the process itself is complex and involves more resources.

As a condo co-owner, you share the building with other co-owners. You will need to meet some obligations not only at the time of purchase, but also throughout your occupation.

The acquisition of a new condo is a very important investment! To get the most out of it, make sure you follow the steps and do not skip the details.

Choosing your contractor

In some cases, it can take a long time between signing a preliminary contract and signing a deed of sale. During this period, the general contractor will build the home of your dreams. That is why we recommend you learn more about this promoter and the work he will be doing in the coming months.

Your new residence will benefit from a mandatory guarantee if the contractor fulfills two conditions: he holds a general contractor license of the appropriate classes (1.1.1 or 1.1.2.) from the Régie du Bâtiment du Québec (RBQ), and he is accredited with the Garantie de construction résidentielle (GCR).

Once you know the scope of the project and the stakeholders, here are some sample questions to ask yourself to better get to know the contractor you are dealing with :

• Are they listed as a general contractor (classes 1.1.1 or 1.1.2) in the RBQ's Register of licence holders (list only available in French)?
• Are they accredited in the GCR's Business directory (list only available in French)?
• How long has he been registered with the Registraire des entreprises du Québec?
• Have any arbitration decisions been made on their business?
• Are they subject to judicial and/or administrative tribunals?
• Are they the subject of complaints to the Régie du bâtiment du Québec?
• Did they have to pay compensation following a claim in his RBQ file?

Answers to these questions will allow you to better determine if the contractor is the one you want to do business with to make your dream come true.

Following up when work is in progress

Once the preliminary contract has been signed with the contractor, you are entitled to regularly check on the progress, the quality of the work and materials, as well as the state of expenditures.

However, you should not confuse your right to follow up with control over the execution of the work. The entrepreneur remains independent in his work, he has free choice as to the execution of the work and the methods to be applied.

Therefore, you will have the right to make checks, but while respecting the work of the contractor and so as not to interfere with the progress of the work.

Also, as a beneficiary of the mandatory Guarantee Plan, you have the right to access the file regarding your building held by the administrator of the Guarantee Plan (GCR or the temporary administrators of the previous plan, Abritat and Qualité Habitation). This right of access includes, among other things, inspection or intervention reports, defects found, corrective measures made, plans and specifications, expert reports used for the purposes of the administrator's report, and other documents of the same type.