Acceptance of Common Portions in a New Condo (GCR Quebec)

Acceptance of the common portions is a key step for a divided co-ownership syndicate taking possession of a new building. When properly managed, it protects recourse under the warranty plan administered by the Garantie de construction résidentielle (GCR) and protects co-owners against defective workmanship. It requires close coordination among the contractor, the board of directors, the appointed professional and the plan administrator. Here is a practical guide, adapted to the Quebec context, for completing this acceptance without leaving any blind spots.

Acceptance of common portions: what does it involve?

Acceptance of the common portions involves documenting, with a professional (architect or engineer), the condition of the building’s common spaces and components: structure, building envelope, parking, roofs, lobbies, stairways, mechanical and electrical systems, and so on. It is carried out through a formal inspection and a deficiency list. This step triggers the warranties provided under the Regulation respecting the guarantee plan for residential buildings and sets the deadlines for reporting problems to the contractor and the plan administrator.

In practical terms, acceptance of the common portions is separate from the acceptance of each private portion. It serves as the starting point for the coverage applicable to common components and establishes the contractor’s responsibility. It must be documented and placed in the syndicate’s records (minutes, signed list, correspondence), consistently with the declaration of co-ownership and the by-laws of the immovable.

For syndicates in the Greater Montreal area, this process also works alongside the obligations under Bill 16 relating to the maintenance logbook (EUC) and the contingency fund study. A well-managed acceptance provides useful information for these tools and facilitates planning for future maintenance.

Who does what? Developer, syndicate, board of directors, professional and plan administrator

• Contractor/developer: gives notice that work affecting the common portions is complete, calls the acceptance inspection and cooperates in correcting deficiencies. The contractor assumes the cost of the professional inspection of the common portions, as provided under the applicable Regulation (see LégisQuébec), in accordance with the terms in force.
• Syndicate and board of directors: appoint an independent professional, coordinate the visit, approve the deficiency list, sign the acceptance form and ensure corrective follow-up. The board of directors informs co-owners (for example, at the annual general meeting) and keeps all documents in the file.
• Professional (architect/engineer): inspects, prepares the list of defective workmanship and deficiencies, proposes corrective measures and may confirm that reservations have been cleared.
• Plan administrator (GCR): handles requests, notices of defects and, where necessary, conciliation in the event of a dispute between the syndicate and the contractor, in accordance with the Regulation.

Operational tip: appoint someone on the board of directors to manage the schedule, keep the reservations register up to date and make sure nothing is missed before the deadlines.

Practical steps for GCR acceptance of the common portions

1) Preparation and documents

• Obtain from the contractor the notice that work affecting the common portions is complete, as well as the final plans (architectural, mechanical and electrical), technical data sheets and equipment warranties.
• Choose and appoint a professional (architect/engineer) who is independent of the developer. Confirm the mandate through a board of directors resolution and record it in the minutes.
• Gather the declaration of co-ownership, the by-laws of the immovable, the plans and any preliminary reports (system commissioning, watertightness testing). Open a “Acceptance of Common Portions” register.
• Coordinate the attendance of the contractor, professional and a board of directors representative at the visit. Arrange access to all technical rooms.

2) Inspection and deficiency list

• Carry out a thorough visit with the professional and contractor. Document findings with photographs and sketches.
• Complete the deficiency list (common portions acceptance form), distinguishing defective workmanship, incomplete work and reservations. Number each item, indicate its location and specify the expected correction.
• Attach findings that are critical to safety or integrity (for example, guardrails, exits and building-envelope watertightness) and request temporary measures where necessary.

3) Signature, reservations and corrective follow-up

• Sign the common portions acceptance form with the agreed date, which will start the applicable warranty periods. Make sure the reservations are clear and limited to objectively verifiable items.
• Require the contractor to provide a correction plan with a schedule. Prioritize safety and watertightness issues.
• Keep a follow-up table. Record the dates of each intervention and verify that the work complies. Have the professional validate the work when required.

4) Closing and integration into the management cycle

• Have the professional confirm that the reservations have been cleared, in writing if necessary, and archive the final signed version.
• Update your maintenance logbook (EUC) and multi-year maintenance plan based on the findings. If applicable, adjust the contingency fund study to reflect the actual condition of the components.
• Inform co-owners at the annual general meeting of the status of the corrections, ongoing recourse and potential impacts on common expenses.

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Key deadlines and warranty plan coverage (GCR)

The Regulation respecting the guarantee plan for residential buildings governs acceptance and notice deadlines. In brief, and subject to the official texts:

• Non-apparent defective workmanship existing at acceptance: notice and possible corrections within the year following acceptance of the common portions.
• Latent defects affecting the common portions: coverage may extend for up to three years from acceptance, if the defect is reported within a reasonable time after its discovery.
• Major defects compromising the building’s solidity or use: coverage is generally five years, with notice upon discovery.

Important: acceptance of the common portions triggers these deadlines. Undue delay may result in deemed acceptance or cause deadlines to run without the deficiencies having been documented. Do not delay organizing the inspection and signing the form.

Official resources to consult for details and exceptions:

• Regulation respecting the guarantee plan for residential buildings (LégisQuébec):
  LégisQuébec – B-1.1, r. 8
• Role and information about the warranty plan (RBQ): RBQ – Warranty Plan
• References on co-ownership management and best practices (RGCQ): RGCQ – Resources
• Provisions of the Civil Code of Quebec concerning divided co-ownership: LégisQuébec – C.c.Q.

For an overview of our packages tailored to syndicates, visit the multiRent – Packages page.

Recourse in the event of disputes, delays or incomplete corrections (FAQ)

Even with good preparation, a syndicate may face delays or disagreements about the scope of the corrections. Here are the right reflexes.

• Notice and formal demand: promptly notify the contractor in writing of defects observed after acceptance. If no action is taken, a formal demand may be necessary.
• Notice to the plan administrator: if the dispute continues, submit a request for conciliation to the administrator (GCR) within the deadlines set out in the Regulation. The process provides for the review of the file and, where necessary, arbitration.
• Evidence and traceability: keep all board of directors minutes, photographs, professional reports and correspondence. These items are essential to establish the facts and meet the deadlines.
• Emergencies: if a defect compromises safety or could worsen damage (for example, infiltration), the syndicate must intervene to limit losses while preserving its rights under the warranty plan. Document the emergency and the costs incurred.

Frequently asked questions

Q1. What is the difference between private portions and common portions at acceptance?
Private portions are accepted individually by each co-owner. The common portions (structure, building envelope, corridors and common equipment) are accepted by the syndicate through the board of directors and a professional. The warranty periods do not start on the same date.

Q2. Who pays for the professional inspection of the common portions?
The Regulation provides that the contractor assumes the cost of the inspection at acceptance of the common portions, in accordance with the terms in force. Always check the official version of the Regulation and keep proof of payment.

Q3. What should we do if the contractor refuses to make a correction included on the list?
Respond with a reasoned written notice supported by your professional’s report. If the disagreement continues, refer the matter to the plan administrator for conciliation and, if necessary, the arbitration provided for under the Regulation.

Q4. Do we have to wait for the first annual general meeting to sign the acceptance of the common portions?
No. The board of directors may proceed as soon as the conditions are met, so as not to delay the start of the warranties. However, inform co-owners at the next annual general meeting and place the documents in the file.

Q5. How does this relate to Bill 16, the maintenance logbook (EUC) and the contingency fund?
Acceptance findings provide information for the EUC and help establish realistic maintenance cycles. They may lead to adjustments to the contingency fund study. Acceptance does not replace these obligations; it supports them.

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Practical itinerary: your express checklist

• Confirm the notice that work is complete and appoint a professional (board of directors resolution recorded in the minutes).
• Inspect, prepare and sign the deficiency list (with clear reservations).
• Place the file in the syndicate’s records and inform co-owners.
• Track the correction schedule and promptly report any new latent defect.
• Update the EUC, maintenance plan and, if necessary, the contingency fund study.

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

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