Apparent defect

Visible defect which can be observed by a prudent and diligent buyer without having to resort to an expert.

Acceptance of common portions – Condo

Once the work is finished, the contractor sends a notice of completion of the work or verbally announces the end of the work to each beneficiary (co-owner) and to the syndicate of co-owners. Following this, the syndicate calls on a building specialist who declares the date for the end of the work of the common portions, subject to possible completion work which he indicates: it is the acceptance of the common portions.

Acceptance of the private portion – Condo

The act by which the co-owner accepts his private portion which is in a condition to serve in accordance with the use for which it is intended, including, where appropriate, certain works to be completed.

Acceptance of the building

Act by which the beneficiary declares to accept (Declaration of pre-acceptance), with or without reservation, that the building is in a state to serve in accordance with the use for which it is intended and which indicates, if necessary, the works to be completed or to correct.

Accredited contractor

A licensed contractor who has obtained a certificate of accreditation from the administrator or from Garantie de construction résidentielle(GCR).


Mode of dispute prevention and resolution. One of the parties submits the dispute to an arbitrator without having recourse to the courts of common law. The buyer-beneficiary, the contractor and the administrator are bound by the arbitration decision as soon as it is rendered by the arbitrator. The arbitration decision is final and cannot be appealed.


The buyer who benefits from all the advantages provided by the Regulation on the guarantee plan for new residential buildings.


Anyone who has bought a new home (house or condo) covered by the guarantee plan.

Completion of work

Complete the work (on a house) with finishing operations, working on the last details. A complete and ideal realization. Includes the completion of work relating to the building and provided for in the original contract concluded between the beneficiary and the contractor and that of additional work agreed in writing between the parties.

Common portions

Is the undivided property of all the co-owners. The following are considered common areas: the ground, courtyards, balconies, parks and gardens, access roads, stairs and elevators, passageways and corridors, common service, parking and storage rooms, cellars, structural work for buildings, common equipment and appliances, such as central heating and air conditioning systems and pipes, including those crossing private areas.


A person holding a general contractor's license (including license subcategory 1.1.1 and 1.1.2) issued by the Régie du bâtiment du Québec authorizing him to execute or have executed, in whole or in part , for a beneficiary, construction work on a new residential building covered by the Regulation.


Agreement of will, by which one or more persons bind themselves towards one or more other person(s) to perform a service.


A building is co-owned if two or more people own it.

Divided co-ownership

Includes private portions that belong only to their respective owners, and common portions (i.e. land, exterior walls, roof, or other part of the building specified in the declaration of co-ownership).


Any payment made in advance by the beneficiary.


Right which allows a person, for a certain time, to make full use of a structure belonging to another and to derive all the benefits from it, provided that this does not jeopardize its existence and that it is up to them to engage in construction, structures or plantations that increase its value in a sustainable way.

Example: the owner of the land transfers this land to a developer, who will have to erect buildings and make substantial improvements. At the end of the long lease, i.e. after a period of 10 to 100 years, the promoter will be obliged to return the land with its improvements.

Enrichissement injustifié

Se dit d'un enrichissement...

End of work

According to the Regulation respecting the guarantee plan for new residential buildings - date on which all the work of the contractor agreed in writing with the beneficiary and relating to the building is carried out and the building is in a condition to serve in accordance with the use for which it is intended.

Guarantee contract

Contract concluded in writing between the contractor and the buyer-beneficiary for the sale or construction of the building. The guarantee contract includes any preliminary contract, sales contract or job contract.

Guarantee Plan Administrator

The administrator is the legal person who administers the guarantee plan. It guarantees compliance with the contractor's legal and contractual obligations according to the Regulation on the guarantee plan for new residential buildings. Since January 1, 2015, Garantie de construction résidentielle (GCR) is the only non-profit organization authorized by the Régie du bâtiment du Québec (RBQ) to administer the Guarantee Plan.

Job contract

Contract by which a person, the entrepreneur, or the service provider undertakes towards another person (the client), to carry out a material or intellectual work or to provide a service for a price that the client agrees to pay him.

Legal person

A legal person is an entity distinct from the members it represents. It can hold property and have debts independently of these members.

Latent defect

Any defect not apparent or unknown during the reception of the building and which considerably reduces the quality of the building, preventing the owner from enjoying his building.

The Civil Code of Quebec obliges the seller to guarantee to the buyer that the property and its accessories are, during the sale, free from hidden defects which make it unfit for the use for which it is intended or which diminishes its usefulness so much that the buyer would not have bought it, or would not have given so high a price, if he had known them.

Model house

House that has been manufactured, in whole or in part, in the manufacturer's factory, then transported to the field, unlike traditional houses, built directly on the customer's land.


Free and voluntary process whereby the parties are helped by a neutral person, the mediator, to communicate and find a mutually beneficial solution for themselves.


The act of negotiating, discussing between the parties with a view to settling a dispute or ending a conflict.

Private portion

The private portion is the fraction of the building over which the co-owners have an exclusive property right.

Poor workmanship

The term “poor workmanship” is not defined in the Civil Code of Quebec or in the Regulation on the guarantee plan for new residential buildings. GCR associates it with defects, which it defines as "any work poorly done or poorly performed, taking into account the standards applicable to it.

Pre-acceptance inspection

Must be carried out jointly by the contractor and the beneficiary from a pre-established checklist provided by the administrator. During this inspection, the beneficiary and the contractor identify what remains to be completed and the apparent defects and poor workmanship that must be corrected. The result of this inspection is recorded in the Pre-acceptance Declaration.

Pre-acceptance declaration

Form to be completed by the contractor and the beneficiary upon acceptance of the building or the common areas where precise and detailed identification of the work to be completed or defects to be corrected.

Preliminary contract

Agreement by which a person agrees to buy a house or a condo at the agreed price and the contractor agrees to build the house or the condo according to the requested characteristics, deliver the building on the scheduled date, and transfer the title deed.

Results requirement

Obligation to achieve and guarantee a precise result.

Reasonable delay

A period not exceeding 6 months is usually considered reasonable (maximum period provided for in the Regulation on the Guarantee Plan).

Sales contract

The sales contract is the contract by which a person (the seller) transfers ownership of property to another person (the buyer) for a monetary price that the latter undertakes to pay.

Transfer of title

Legal recourse accessible to any person who has signed a promise to buy or sell, to compel the promising seller or promising buyer to finalize the sale or buying transaction, as the case may be.

Trust account

This account manages the money of a third party and protects the sums for the benefit of debtors and creditors.

Transferable guarantee

The guarantee is transferred to any subsequent purchaser for the remaining term.

Undivided co-ownership

A result of several people acquiring the same building. Each owner has at least a share in the whole building.

The condo is a divided co-ownership - each unit is independent and has its own cadastral number. However, undivided co-ownership is a form of common property where there is a single cadastral number for the entire property. In undivided co-ownerships, it often requires the agreement of all the co-owners to sell its share, make arrangements or incur costs that affect the building because the administration of the building is done jointly or according to the agreement between the co-owners.