Accessible Parking in Co-ownership: Quebec Requirements

In a divided co-ownership, accessible parking affects both co-owners’ comfort and regulatory compliance. Between accessibility standards, the declaration of co-ownership and the realities of indoor garages, the board of directors must proceed methodically. This article summarizes the key requirements in Quebec and best practices for creating, marking and managing accessible parking spaces in a condominium.

You will find official references, practical advice and ways to incorporate these measures into your maintenance logbook / EUC, by-laws and common expense budget.

The Legal and Regulatory Framework in Quebec

Several rules govern accessible parking in divided co-ownerships in Quebec:

• Civil Code of Quebec (C.C.Q.): the syndicate administers, preserves and maintains the common portions. Necessary expenses are common expenses (see the C.C.Q., particularly section 1064 on contributions to expenses). See the complete Code on LégisQuébec: https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
• Quebec Construction Code, Chapter I – Building: accessibility requirements may apply to circulation paths, entrances and certain parking-related features, depending on the use and year of construction. Official text: https://www.legisquebec.gouv.qc.ca/fr/document/rc/C-5.1, r. 10
• RBQ – Building Accessibility: the Regie du batiment du Quebec publishes guides and technical information on accessibility, the application of standards and compliant work. Subject page: https://www.rbq.gouv.qc.ca/batiment/
• Highway Safety Code (HSC): the rules governing spaces reserved for people holding a disabled parking permit and their signage apply mainly to roads and lots open to the public. Reference: https://www.legisquebec.gouv.qc.ca/fr/document/lc/C-24.2

In practice:

• A strictly private condominium garage is not “open to the public.” HSC signage requirements generally do not apply there. However, adopting consistent and legible signage remains a good practice for safety and clarity regarding usage rights.
• Recent buildings or buildings undergoing major work must comply with the RBQ and Construction Code requirements applicable when the work is carried out. Check your municipal permits and work with licensed contractors.
• The C.C.Q. governs the allocation of expenses, modifications to the common portions and the adoption of by-laws of the immovable. Significant decisions should be made at the annual general meeting and recorded in the minutes.

For an overview of best practices in a co-ownership setting, also consult the RGCQ: https://rgcq.org/

Common Portions, Private Portions and Usage Rights

Before creating accessible spaces, clarify the legal status of the parking spaces:

• Private portions: a parking space sold as a private portion belongs to the co-owner. Any substantial modification (widening, lowering a threshold, adding a ramp encroaching on the common clearance area) may require the syndicate’s authorization and, depending on the impact, an amendment to the declaration of co-ownership or the by-laws of the immovable.
• Common portions for restricted use (CPRU): this is very common for parking. The allocation to one or more lots is provided for in the declaration of co-ownership. Creating an accessible space located in CPRU may be payable from common expenses if the work is intended to improve the safety or accessibility of the common portions. The contribution then follows the applicable assessment rules (see C.C.Q., section 1064, allocation of expenses).
• Common portions (general): circulation paths, access ramps, vestibules, doors, clearances and manoeuvring areas are generally common portions. Their compliance and maintenance are the syndicate’s responsibility.

A good practice: check the declaration of co-ownership, cadastral plan and by-laws of the immovable to confirm the status of each space and the rules for reallocation (exchanges of spaces, draws, allocation priorities, etc.). Every decision must be recorded in the minutes and clearly communicated.

What Concrete Obligations Apply to the Syndicate and Board?

Under the framework described above, the board of directors must plan and maintain reasonable measures to allow safe access to and use of the spaces, consistently with the applicable Construction Code and the declaration of co-ownership. Specifically:

• Barrier-free route: provide a route without steps or dangerous changes in level between the space and the building entrance, with adequate clearances and functional doors.
• Consistent internal signage: use legible ground markings, universal pictograms and clear signs in the garage. Even if the garage is not public, consistent signage reduces usage conflicts.
• Widths and manoeuvring areas: during work or renovations, respect the usual dimensions for an accessible space and provide a lateral clearance zone. Refer to the RBQ/Construction Code requirements applicable to the proposed work.
• Maintenance and safety: prioritize snow removal and de-icing in accessible areas, and check door openers, ramps and lighting. Record these items in the maintenance logbook / EUC and on work orders.
• Accommodation process: document an internal procedure for handling requests (e.g., relocating a space in CPRU, installing a grab bar along a common route, etc.), with criteria and timelines, and record board decisions in the minutes.
• Communication: post the rules in the garage and remind residents of the instructions by annual email, especially before winter.

The RGCQ offers useful guidance for structuring your accessibility and cohabitation policies in a co-ownership: https://rgcq.org/

Renovation Work: RBQ Compliance, Permits and Contractors

Adding or converting a space to make it accessible may involve:

• Marking and signage work.
• Moving protective posts and adjusting curbs or thresholds.
• Adjusting powered doors, installing a push button and improving lighting.

Before starting the work:

1. Check whether municipal permits are required and whether the project affects the structure or safety systems.
2. Confirm the technical requirements applicable under the Quebec Construction Code (Chapter I – Building) and the RBQ guidelines.
3. Hire RBQ-licensed contractors and, if necessary, professionals (architects, engineers) to seal the plans.
4. Update the maintenance logbook / EUC and plan for maintenance (automatic doors, signs and non-slip paint).

Resources:

• Quebec Construction Code (official text): https://www.legisquebec.gouv.qc.ca/fr/document/rc/C-5.1, r. 10
• RBQ – Building and Accessibility: https://www.rbq.gouv.qc.ca/batiment/

Budget and funds: depending on the nature of the work, the expense may fall under maintenance (common expenses/assessments) or a project planned through the contingency fund. Use your EUC to classify the expense correctly and your financial statements to track it. Present the options at the annual general meeting and record the resolution in the minutes.

To structure the execution and monitoring of operations, see our operations management services: https://www.multirent.ca/services/#gestion-des-operations

Managing Requests and the Accessible Space Register

Even though the law does not always require a specific number of accessible spaces in existing private garages, many syndicates establish management mechanisms to respond to actual needs:

• Internal register: keep a register of spaces identified as “accessible” (legal status, dimensions, assigned user, allocation date and supporting documents).
• Allocation policy: define objective criteria (priority for people with reduced mobility, chronological order, limited and protected medical documentation).
• Duration and review: provide for allocation periods and periodic reviews to adjust assignments fairly.
• Exchange mechanisms: allow co-owners to voluntarily exchange spaces, with a written agreement filed in the syndicate’s register.
• Progressive sanctions: in the event of improper occupation, apply the measures set out in the by-laws of the immovable (notice, reasonable administrative fees, legal recourse), in compliance with the C.C.Q.

Document the policy in your by-laws of the immovable, have it adopted at the annual general meeting if necessary and keep detailed minutes. To equip your board, also consult the articles on our blog: https://www.multirent.ca/blogue/

Communication and Signage: When Does the HSC Apply?

• Lots and roads open to the public: if the condominium parking area is open to public traffic, the Highway Safety Code rules on reserved spaces and signage become relevant. See: https://www.legisquebec.gouv.qc.ca/fr/document/lc/C-24.2
• Private condominium garages: the HSC generally does not apply. Nevertheless, clear signage (pictograms, ground markings and signs) reduces misunderstandings and makes it easier for the board to intervene.
• Selling or renting a condo: make sure the description of the space (private portion, CPRU, accessible, restrictions) is accurate in the documents provided to the broker and buyer. Useful OACIQ reference: https://www.oaciq.com/

Tip: align your signage with your by-laws and written communications. Consistency reduces disputes, especially when an accessible space is reserved for an identified user.

FAQ — Frequently Asked Questions

Can the board reassign a private parking space for medical reasons?

In principle, not without the consent of the co-owner concerned or an amendment to the rights set out in the declaration of co-ownership. The board may, however, facilitate voluntary exchanges and consider improvements to the common portions to improve accessibility (e.g., routes and doors). If the issue concerns CPRU, a well-drafted allocation policy and annual general meeting resolution may establish usage priority, subject to the declaration of co-ownership. Obtain legal advice before modifying real rights.

How many accessible spaces must a building provide?

The Quebec Construction Code sets accessibility requirements based on the use, configuration and timing of the work. Existing strictly private buildings may not be required to add new spaces, but an accessible route and reasonable improvements can often be considered during work. Verify the applicable requirements with a professional and the RBQ.

Who pays for the creation of an accessible space?

– Common portions: expenses are paid through common expenses/assessments, according to the allocation method provided for (see C.C.Q., section 1064).
– CPRU: if the work serves the safety/accessibility of the common portions, the expense may be a common expense; if the work benefits only one lot, a proportionate share or specific contribution may be provided for in the by-laws of the immovable or an agreement.
– Private portion: authorized and compliant work is generally paid for by the co-owner, especially if it does not affect the common portions. Any interference with the common portions requires the syndicate’s authorization and, in some cases, an annual general meeting resolution.

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

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