Condo Rooftop Terraces in Quebec: Access and Responsibilities

A rooftop terrace can become a popular living space in a divided co-ownership, especially in Montreal. It is attractive, but it also raises legal, technical and insurance issues. Access, maintenance and safety must be clearly regulated to protect co-owners and the syndicate. Here is how to structure rooftop terrace use, reduce risks and allocate responsibilities.

Legal status of the rooftop terrace and access: who can use it?

First, check the declaration of co-ownership and the cadastral plan. The roof may be a common portion, a common portion for restricted use (PCUR) or, more rarely, a private portion. This status determines access, maintenance and cost-sharing.

• Common portions: access is shared, subject to the rules of use in the by-laws of the immovable. The board of directors may limit hours, capacity and permitted activities for safety and quiet-enjoyment reasons.
• PCUR: primary access belongs to the designated co-owners, with a right of access for the syndicate and contractors for maintenance or emergencies.
• Private portions: an unusual situation; access servitudes may exist for the maintenance of common portions (membrane, drains, vents).

Common expenses related to the rooftop terrace generally follow the co-ownership shares (see section 1064 of the Civil Code of Quebec, LégisQuébec), but the declaration of co-ownership may provide that certain routine maintenance costs for a PCUR are paid only by its beneficiaries. When the roof is accessible, the by-laws of the immovable must describe the access conditions, reservations, maximum capacity, quiet hours and prohibitions (charcoal BBQs, fires, glass, risky consumption, etc.).

To ensure safe and traceable access, provide for a key or access-card register, clear signage and seasonal reminders. Any amendment to the by-laws of the immovable is adopted at a meeting (annual general meeting) according to the applicable majorities under the Civil Code of Quebec, then recorded in the minutes and communicated to the co-owners.

Useful references:
Civil Code of Quebec – Divided co-ownership (LégisQuébec)
RGCQ – Resources and best practices

Safety, compliance and work: requirements not to overlook

A rooftop terrace involves safety requirements. Guardrails, access points, structural loads and evacuation exits must comply with the Building Code and applicable guidelines. For any improvements (decking, planters, furniture, pergola), require plans signed by professionals and contractors holding the required licences.

• Guardrails and falls: the height and strength of guardrails, as well as the absence of climbing points, are essential. Consult the Regie du batiment du Quebec (RBQ) guidelines and your professionals.
• Structural load: any added weight (wood, pavers, planters, accumulated snow) must be assessed by an engineer.
• Access and evacuation: exit heads, skylights, access paths and harness tie-off devices must not be obstructed.
• Qualified contractors: for all work on the membrane, drains, guardrails or improvements, verify the contractor’s RBQ licence and proof of insurance.

Safety and compliance resources:
RBQ – General information
LégisQuébec – Civil Code of Quebec

Maintenance, the maintenance logbook and cost-sharing: membrane, drains and snow removal

The roof remains, first and foremost, a building-protection element. The membrane, flashings, vents, anchor points and storm drains require periodic maintenance. The maintenance logbook (EUC) must record inspections, work performed and warranties. This history facilitates budget planning and claims management.

Maintenance best practices:

• Visual inspection in the spring and fall, and after major weather events.
• Cleaning drains and scuppers, removing debris and clearing icy snow accumulations from sensitive areas.
• Respecting exclusion zones and technical paths; protecting the membrane during work or when bringing in furniture.
• Prohibiting the prolonged storage of heavy objects that concentrate loads.

Financially, common expenses must cover recurring maintenance and repairs to common portions. Contributions to the contingency fund are used for planned major replacements (membrane, guardrails, insulation, drains). Depending on the declaration of co-ownership, certain expenses related to a PCUR may be charged only to its users (e.g., cleaning a private terrace), while repairs affecting the building’s overall watertightness remain the syndicate’s responsibility. Refer to the Civil Code of Quebec and your declaration of co-ownership to confirm the cost-allocation method, and document decisions in the board of directors’ minutes.

To structure follow-up and calls for tenders, see our operations and preventive maintenance services: operations management. For budget planning and contingency fund contributions, consult our financial management.

Useful references:
LégisQuébec – Civil Code of Quebec (expenses and allocation)
RGCQ – Guides and webinars

Insurance, claims and liability: who pays what?

In a divided co-ownership, the syndicate insures the common portions and, in principle, the private portions at their standard value, while each co-owner insures their civil liability and improvements. An incident on the rooftop terrace may involve several types of coverage: the user’s liability, the syndicate’s policy and, in some cases, the contractor’s policy.

Key principles to keep in mind (to be confirmed with your policies and the Civil Code of Quebec):

• Damage to the membrane or drains: if the damage affects the common watertightness, the syndicate is responsible for the intervention; the cause may nevertheless trigger a claim against a co-owner, guest or contractor at fault.
• Guest injuries: the host co-owner’s civil liability may be engaged; the syndicate’s policy may respond depending on the circumstances and exclusions.
• Deductible and claims: the allocation of deductibles and costs depends on the rules of the Civil Code of Quebec, the by-laws of the immovable and the wording of the policy. Avoid making hasty statements; document the situation and consult your broker.

Additional information:
LégisQuébec – Divided co-ownership (general rules)
OACIQ – Information on insurance and disclosures during a sale

Governance: by-laws of the immovable, annual general meeting and day-to-day enforcement

A well-managed rooftop terrace requires clear rules that are adopted and enforced. The board of directors proposes rules of use, and the co-owners then approve them at the annual general meeting according to the majorities required under the Civil Code of Quebec. Changes affecting the designation or structure of common portions may require enhanced majorities and, sometimes, municipal authorizations. Avoid making improvements without approval and sealed plans.

Recommended content for the by-laws of the immovable:

• Access: permitted hours, capacity, reservations, prohibitions (glass, fires, charcoal BBQs, smoking cannabis, loud music) and the presence of animals.
• Safety: guardrails, posted instructions, a first-aid kit, secured access points and child safety.
• Maintenance: light maintenance obligations, storage prohibited, snow-removal protocol and waste management after use.
• Enforcement: progressive sanctions, recovery of reasonable costs, a complaint procedure and recording matters in the minutes.

To structure the adoption and communication of these rules, your syndicate can rely on our administrative management services. For example, a co-ownership under our management reduced incidents by combining an access register, a seasonal reminder and coordinated preventive inspections.

Improving or privatizing a rooftop terrace: key steps

• Verify the current status in the declaration of co-ownership and, if necessary, retain a lawyer and land surveyor for any proposed change.
• Obtain the required approvals at a meeting according to the majorities provided for in the Civil Code of Quebec; formally notify all co-owners.
• Prepare plans and calculations (architectural/engineering), comply with municipal regulations and safety standards (RBQ), and select licensed contractors.
• Update the by-laws of the immovable, the maintenance logbook and the contingency fund plan; record everything in the minutes.

General resource:
RBQ – Information for owners and contractors

FAQ – Condo rooftop terraces

Q1. Can the board of directors prohibit BBQs on the rooftop terrace?
Yes, if the by-laws of the immovable provide for this on safety and insurance grounds. Charcoal- and wood-burning appliances are often prohibited. Opt for electric appliances, if permitted.

Q2. Who pays for an infiltration caused by a knocked-over flowerpot?
Depending on the facts, repairs to the common watertightness are the syndicate’s responsibility, but the syndicate may recover the costs from the person at fault. Check the declaration of co-ownership, the Civil Code of Quebec and your policies.

Q3. Can we reserve the roof for a private event?
If the by-laws of the immovable permit it, yes, provided that capacity, quiet hours and safety instructions are respected. Cleaning fees or a deposit may be required.

This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.

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