New Condo GCR Warranty: Rights and Deadlines

The delivery of a divided co-ownership condo comes with a legal safety net: the warranty plan for new residential buildings, administered in Quebec by GCR (Garantie de construction résidentielle) under the authority of the Regie du batiment du Quebec (RBQ). Understanding this warranty helps co-owners and the syndicate assert their rights quickly, both for private portions and common portions.

Information current as of 2026-05-23.

Understanding the GCR warranty for a new condo

The warranty plan is a mandatory regime established under the Regulation respecting the guarantee plan for residential buildings (LégisQuébec), applicable to most new divided co-ownership buildings constructed by an entrepreneur holding the required RBQ licence. The beneficiary is the first buyer for their private portion and the syndicate of co-owners for the common portions, as of their official acceptance.

In practical terms, the warranty covers the correction of defective workmanship, the completion of unfinished work, the protection of certain deposits and the repair of defects discovered after acceptance. Within defined limits, it also covers delivery delays and certain resulting additional expenses. Coverage periods vary depending on the nature of the problem and when the defect is discovered.

Two events trigger the deadlines: acceptance of each private portion (when the condo is delivered) and acceptance of the common portions (following an inspection by an architect or engineer mandated by the developer). The inspection minutes and deficiency lists are essential for establishing these starting points.

Your rights: typical coverage and important limits

The protections provided under the warranty plan (to be confirmed in the Regulation) generally include:

• Before delivery: protection for eligible deposits and recourse in the event of a delivery delay; coverage of certain reasonable expenses under the regulatory framework.
• At acceptance and during the following year: correction of defective workmanship and completion of work identified during the inspection or discovered during the initial period, for both private portions and common portions.
• During the three years following acceptance: repair of latent defects that compromise use and could not be detected during a prudent and diligent inspection.
• During the five years following acceptance: repair of major defects (e.g., a defect in the design, construction or soil) that compromise the soundness or stability of the structure.

For a divided co-ownership, this means in particular:

• Private portions: incomplete finishes, electrical or plumbing non-compliance, improperly adjusted doors or windows, and defective mechanical systems within the unit.
• Common portions: the roof, building envelope, structure, underground parking, facades, common HVAC systems, sprinklers, elevators and other shared components.

Exclusions apply. Typical exclusions include normal wear and tear, failure to perform maintenance prescribed in the maintenance logbook (EUC), damage caused by improper use, work carried out by a third party after delivery, removable items (appliances) and, depending on the circumstances, certain private coverings and improvements. Always read the declaration of co-ownership (DCV), maintenance manuals and the Regulation respecting the guarantee plan to avoid losing a right through failure to perform maintenance.

Useful references:

• Regulation respecting the guarantee plan for residential buildings (LégisQuébec) — legal framework and deadlines.
• RBQ — public information on the plan, eligibility and procedures.

Key deadlines and a typical timeline for a syndicate

Meeting the deadlines is essential. Here is a typical timeline for a new building, to be adapted based on your acceptance documents and DCV.

• Before delivery of the units: verify that the entrepreneur holds a valid RBQ licence and is registered with the warranty plan. Request their certificates and keep them in the syndicate’s records.
• At delivery of a unit (private portion): conduct a joint inspection and prepare a signed deficiency list; note any apparent defective workmanship. Acceptance triggers the deadlines for the unit.
• Acceptance of the common portions: a professional (architect or engineer) mandated by the developer carries out the inspection and prepares the deficiency list; this acceptance, often called “acceptance of the common portions,” triggers the deadlines applicable to the common components.
• Notice to the entrepreneur: report any defective workmanship or defect in writing, without delay. Send a clear formal notice of default, with photographs, report excerpts, references to the plans and the inspection minutes.
• Claim to the plan administrator: if the entrepreneur does not intervene or the dispute continues, submit a claim to the warranty plan administrator within the applicable coverage period. The Regulation specifies the procedures and deadlines; act quickly and keep proof of delivery.
• Decision, mediation/arbitration: after the inspection, the administrator issues a written decision. In the event of disagreement, an independent arbitration mechanism is provided for under the Regulation.

Good deadline practices:

• Never delay: notify the entrepreneur as soon as a problem is discovered.
• Centralize the evidence: inspection reports, dated photographs, annual general meeting and board of directors minutes, and correspondence.
• Review the specific deadlines mentioned in your acceptance documents and in the Regulation.

Consult the Regulation on LégisQuébec for the official deadlines and, if necessary, obtain legal advice for complex cases.

How to file an effective claim (common portions and private portions)

A well-structured claim increases your chances of a quick resolution and reduces back-and-forth.

1. Prepare the file

   • Precisely identify the work concerned (private versus common, exact location, photograph with a reference point).
   • Gather the documents: purchase agreement, acceptance minutes, deficiency list, plans, specifications, manufacturers’ warranties, completed maintenance (EUC/maintenance logbook), and excerpts from the DCV.
   • Quantify the impacts: safety, use, temporary costs and risks of related damage.

2. Send a formal notice of default to the entrepreneur

   • Set out the facts, cite the relevant documents and allow a reasonable time for intervention.
   • Keep exchanges in writing where possible and retain proof of receipt.

3. Bring the matter before the plan administrator

   • Use the form provided by the warranty plan administrator.
   • Attach an expert report (engineer/architect) for technical issues, especially involving common portions.

4. Inspection and decision

   • Cooperate during the inspection. Have the problems documented under various conditions (rain, thaw, ventilation running, etc.).
   • Carefully review the written decision and the deadlines imposed on the entrepreneur for carrying out the work.

5. Arbitration if necessary

   • If you are not satisfied with the decision, exercise the right to arbitration provided for in the Regulation. Prepare a factual, clear and well-sourced file.

Particular considerations for common portions

– Mandate an independent professional (engineer or architect) to inspect the common components and prepare the lists. Their report carries considerable weight in the analysis.

– Pass a board of directors resolution authorizing the claim on behalf of the syndicate, and designate a person responsible for following up on the file.

– Coordinate with preventive maintenance to preserve the evidence (e.g., do not repair a major defect before it is documented, except in a safety emergency; in that case, document the emergency and the temporary corrective measures).

Particular considerations for private portions

– Each co-owner remains responsible for their claim concerning a private portion. The syndicate may nevertheless support the co-owner, especially if a problem recurs in several units and could reveal a common defect.

– Direct co-owners to additional inspections when necessary, and centralize the information to identify trends.

The board of directors’ role: prevent, document and act quickly

The board of directors plays a pivotal role in protecting the value of the building and the contingency fund.

• Governance and documentation: establish an archiving system for annual general meeting and board of directors minutes, plans, inspection reports, correspondence and warranties. Complete traceability makes any claim easier to pursue.
• Maintenance and EUC/maintenance logbook: strictly carry out the prescribed maintenance. Failure to do so may reduce or exclude coverage.
• Budget and communication: set aside funds for expert assessments and, if necessary, arbitration. Keep co-owners regularly informed about the status of the files.
• Preliminary checks: before acceptance, confirm the entrepreneur’s RBQ licence and membership in the warranty plan. This check is simple and avoids unpleasant surprises.
• Alignment with the DCV: ensure that maintenance responsibilities for common portions and private portions are clear and respected to avoid coverage being denied.

To structure these areas, see how professional management can support your board of directors with administrative management and operations management.

Common cases and points to watch

– Water infiltration through the facade or roof: document it quickly, have a water test carried out under a professional’s supervision and notify the entrepreneur without delay. Infiltration can develop into a major defect if the structure is affected.

– Cracked or delaminated garage slab: distinguish normal shrinkage cracking from a defect that compromises durability. An engineer can identify the type of crack and its consequences.

– HVAC and noise: excessive noise may result from improper installation or an imbalance. Take measurements, compare them with the standards and demand corrective work.

– Delivery delays: keep records of communications and additional expenses. Certain compensation is provided under the plan, subject to conditions and limits.

– Private work after delivery: non-compliant modifications in a unit may lead to a claim being rejected if they have worsened a problem. Always verify compliance and, when necessary, obtain the authorizations required under the DCV.

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Quick FAQ

Q1. Does the GCR warranty apply to building conversions?
A. Certain conversions classified as “new” may be eligible if they meet the criteria of the Regulation. Verify eligibility with the RBQ and review the scope of the work (structure, systems and envelope).

Q2. Who pays for the technical assessment for a claim?
A. The cost of an expert assessment commissioned by the syndicate or a co-owner is generally their responsibility, unless otherwise provided or reimbursement is available in a specific case. Consult the Regulation and assess the cost-benefit ratio based on the issue.

Q3. Does the warranty replace the syndicate’s insurance?
A. No. The warranty addresses defects and defective workmanship according to specific deadlines; co-ownership insurance generally covers losses (e.g., sudden water damage). The two regimes complement each other.

Official resources:

• LégisQuébec — Regulation respecting the guarantee plan for residential buildings
• RBQ — Guarantee plan for residential buildings
• RBQ — Verify an entrepreneur’s licence
• OACIQ — Buying a condo/new property

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

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