Condo Location Certificate: Who Pays and When?

In a divided co-ownership, the location certificate is often central to transactions and board of directors decisions. This document, prepared by a land surveyor, describes the current status of a fraction (private portion and rights to use common portions) in relation to the cadastre, servitudes and municipal regulations. Who should pay for a condo location certificate? And when should it be updated? Here is a practical guide for co-owners, syndicates and directors.

Note: the practices described are current as of 2026-05-23. The requirements of notaries, lenders and brokers may vary.

The location certificate in a divided co-ownership: an essential reminder

A location certificate is a report and plan prepared by a land surveyor. In a condo, it usually covers:

• The description of the private portion (e.g., unit 302) and its location in the building.
• Rights in the common portions and, where applicable, common portions for restricted use (e.g., balcony, parking space, terrace).
• Servitudes (e.g., access, passageways, drains) affecting or benefiting the fraction.
• Apparent compliance with municipal by-laws (placement, setbacks, fences, etc.).
• Observed discrepancies (e.g., encroachments, relocated partitions, mezzanine added without a permit).

In practice, the location certificate must reflect the ACTUAL and CORRECT condition of the property on the date it is prepared. There is no legal “expiry date,” but most professionals require it to be “up to date” when appropriate (sale, refinancing, dispute). The seller’s general obligation to provide relevant documents and guarantee the building’s compliance arises from the Civil Code of Quebec (see sections 1719 et seq. C.C.Q.). For sales involving a broker, the forms of the OACIQ provide that the seller must provide an up-to-date certificate.

Useful resources:

• Civil Code of Quebec on LégisQuébec (general principles of sale): https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991
• Land Surveyors Act (the land surveyor’s role and work): https://www.legisquebec.gouv.qc.ca/fr/document/lc/A-23
• OACIQ — The location certificate in a transaction: https://www.oaciq.com/fr/articles/le-certificat-de-localisation
• RGCQ — Resources for syndicates and boards of directors: https://rgcq.org/

Who pays for a condo location certificate? Common scenarios

The answer depends on the context. In a divided co-ownership, the usual rules are as follows:

• Sale of a fraction (condo): in practice in Quebec, the seller generally pays to obtain an up-to-date location certificate if the previous one no longer reflects the current condition. This practice arises in particular from notarial practice and the forms of the OACIQ.
• Refinancing (home equity line of credit, renewal with changes): the lender may require a recent certificate; the borrowing co-owner normally assumes the cost.
• Work affecting the common portions (e.g., adding electric vehicle charging stations, reconfiguring parking spaces, enlarging a common room): if the syndicate orders work that changes the placement, servitudes or exclusive use, it is reasonable for the syndicate to pay for a new overall certificate or targeted certificates.
• Work in a private portion (e.g., moving a partition, mezzanine, opening): if the work changes the physical condition of the fraction, the co-owner concerned generally pays for the update. Always check the authorizations required under the declaration of co-ownership and the by-laws of the immovable.
• Disputes or encroachments (e.g., fence, terrace, drains): the party requiring the evidence (the syndicate or co-owner) often pays for the certificate; a court may decide otherwise depending on the outcome.

Governance tip: the syndicate can clarify how these costs are allocated in its declaration of co-ownership, the by-laws of the immovable or an annual general meeting resolution, reducing grey areas. Make sure to keep the relevant minutes.

To equip your board of directors for document management (syndicate certificate, financial statements, distribution of minutes), see our administrative management services. Up-to-date documentation reduces delays when an offer to purchase is made.

When should the location certificate be updated?

There is no fixed validity period under Quebec law. The basic rule, reiterated by the OACIQ, is that the certificate must describe the CURRENT condition at the time of the transaction. Many notaries and lenders reject a certificate that does not account for changes made since it was prepared (even if it is less than 10 years old), while they may accept an older certificate if nothing relevant has changed.

Signs that an update is required:

• Physical changes to the fraction (partitions, mezzanine, windows, patio door, terrace)
• Changes relating to common portions or portions for restricted use (reconfigured parking spaces, new electric vehicle charging stations, shed, fences)
• New servitudes or the cancellation of servitudes
• Amended municipal by-laws that make elements non-compliant
• A modified cadastral survey (e.g., reconfiguration, division or merger of lots)

Here is a checklist your board of directors can adopt to standardize decisions.

Also consider the domino effect: a new certificate revealing non-compliance may lead to budget decisions (contingency fund, corrective work) and communications to co-owners.

Condo-specific considerations: fractions, exclusive uses and syndicate documents

• Fraction vs. building: each co-owner has a certificate for their fraction. The syndicate can also order a certificate covering the entire building to document the common portions and collective servitudes.
• Common portions for restricted use: parking spaces, terraces, balconies and storage areas may require specific references. If their configuration changes, updates are often necessary.
• Additional documents for a sale: in addition to the location certificate, the buyer and notary will frequently request the syndicate certificate (up-to-date assessments/common expenses), financial statements, budget, latest annual general meeting/special meeting minutes, maintenance logbook/EUC and the building’s rules. Centralizing these documents reduces delays. See our blog for other practical guides.
• Internal rules: the declaration of co-ownership and the by-laws of the immovable may set out who pays for an update after work in a private portion and establish the board of directors’ authorization process. Clear wording prevents disputes.

For an overview of best practices in co-ownership, see the resources of the RGCQ. If you are uncertain about the law, refer to the Civil Code of Quebec on LégisQuébec.

Procedure: how to order or update a certificate

1. Confirm whether it is necessary: have there been any changes since the last certificate? Does the broker’s offer to purchase require an up-to-date certificate?
2. Choose a land surveyor: prioritize a professional duly registered with the Order (a role governed by the Land Surveyors Act).
3. Gather the documents: declaration of co-ownership, by-laws, existing plans, work authorizations, municipal permits, previous certificate and information about servitudes.
4. Authorizations and access: arrange access to the necessary common and private portions (e.g., roofs, mechanical rooms, parking spaces), and notify the condominium manager/concierge.
5. Receipt and review: once the certificate has been prepared, have the board of directors review it to identify any discrepancies. Keep a copy in the syndicate’s records and provide it to the relevant parties.
6. Plan for distribution: for a sale, send it promptly to the broker and notary. For refinancing, send it to the lender according to its specifications.

Best practices for the board of directors:

• Maintain a centralized register of documents (certificates, minutes, plans and permits) accessible to directors.
• Add a “document update” item to the annual general meeting agenda, including certificates, EUC/maintenance logbook and plans.
• Harmonize requirements: adopt an internal policy on “who pays” in each situation and incorporate that policy into the by-laws of the immovable.
• Inform co-owners: a brief memo when major work is carried out prevents surprises during a future sale.

Need help structuring these processes? Explore our services and our packages adapted to syndicates in the Greater Montreal area.

Quick FAQ

• Does the location certificate have to be less than 10 years old? No. There is no specific legal deadline. It simply has to reflect the current condition. However, many notaries and lenders set their own expectations.
• Can the syndicate’s certificate replace the one for my fraction? No. An overall certificate may help, but most transactions require a certificate specific to the fraction being sold.
• Is a new certificate required after every small improvement? No. Only if the work affects the physical or legal status described (e.g., encroachment, changes to partitions or usage rights).

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

Do you manage a co-ownership in Quebec? Explore our packages or contact us to assess your needs.