Construction Nuisance Compensation in Quebec: Your Rights

Work carried out by the syndicate on the common portions is sometimes unavoidable. In divided co-ownership, it protects the value of the building and the safety of occupants. But noise, dust and access restrictions can quickly become burdensome. When do these nuisances give rise to compensation? And how can you obtain it without damaging your relationship with your board of directors? Updated as of 2026-07-06, this guide explains the rules and best practices in Quebec.

What the law allows the syndicate to do during construction

The syndicate is responsible for ensuring the preservation of the building and the maintenance of the common portions. It may therefore plan and carry out necessary work, including access to private portions when required and after reasonable notice, except in an emergency. The Civil Code of Quebec governs these powers and the syndicate’s responsibilities toward co-owners (see C.C.Q., particularly sections 1039, 1064, 1067 and 1457).

In practice, this means that certain “normal” inconveniences accompany legitimate construction projects. The board must nevertheless act in good faith, choose proportionate methods and limit the impacts. Clear communication and a realistic schedule remain essential. Bill 16 strengthens this planning through the maintenance logbook and contingency fund study (EUC), which help schedule interventions instead of dealing with them as emergencies.

For more information on the legal framework, consult the Civil Code of Quebec on LégisQuébec and the specialized resources of the RGCQ. You will find useful references to inform your collective decisions and individual rights.

• Civil Code of Quebec (C.C.Q.) on LégisQuébec
• RGCQ – resources and best practices

“Normal” vs. “abnormal” nuisances: when does compensation apply?

The guiding principle is that of neighbourhood disturbances: everyone must tolerate the normal inconveniences of the neighbourhood, but not those that exceed the usual level of tolerance (section 976 C.C.Q.). In divided co-ownership, this test also applies to work carried out by the syndicate. Compensation may be considered when the intensity, duration or unreasonable nature of the nuisances exceeds what an average co-owner must accept.

Several factors are weighed:

• Whether the work is necessary and whether it is urgent or planned.
• The intensity of the noise, dust or vibrations and compliance with permitted hours.
• The total duration and compliance with the schedule announced by the board.
• Mitigation measures put in place (dust barriers, temporary soundproofing, ventilation, construction elevator, etc.).
• Proactive communication: written notices, annual general meeting/board minutes, on-site postings and a contact line.

Common examples and their usual treatment:

Remember that compensation is based on proof of actual harm: additional expenses, abnormal loss of enjoyment, rental income loss or property damage. Mere discomfort, if it remains within the normal range and is properly managed, generally does not give rise to compensation.

For legal guidance, see section 976 (neighbourhood disturbances) and section 1457 (civil liability) of the C.C.Q., as well as the provisions specific to divided co-ownership that require the syndicate to act prudently and diligently.

• Section 976 C.C.Q. (neighbourhood disturbances)
• Civil liability (section 1457 C.C.Q.)

How to document and claim compensation

A structured approach makes it easier to reach a quick and respectful resolution.

1. Document the facts
   Keep a dated journal: the nature of the nuisances, times, frequency and people notified. Take photos/videos of dust, cracks, water or unusual obstructions. Keep invoices and receipts (hotel, specialized cleaning, caregiving, temporary relocation).

2. Check the internal framework
   Review the declaration of co-ownership (DCV) and the by-laws of the immovable regarding construction hours and access to private portions. Consult the board’s communications, the minutes of the annual general meeting that authorized the work, the schedule and the notices.

3. Communicate with the board
   Set out the facts and supporting documents, and propose a reasonable solution (e.g., reimbursement for cleaning). Ask what mitigation measures will be put in place and when.

4. Send a formal demand letter if necessary
   If you reach an impasse, a clear and factual formal demand letter may be sent to the syndicate or the contractor. Address it to the person designated by the board or its condominium manager, while respecting the time limits set out in the declaration of co-ownership.

5. Insurance or legal recourse
   If there is property damage, promptly notify your insurer and the syndicate. Their respective policies may apply depending on the nature of the affected property (private portions versus contents). If no agreement can be reached, the Small Claims Division may be considered depending on the amount claimed. Seek legal advice before taking action.

Need a clear framework and processes? See our administrative and financial management services to coordinate communications, notices and construction follow-ups:

• Administrative management
• Financial management

Preventive measures for boards to limit nuisances

A well-planned construction project is often better than late compensation. Here are some realistic practices for a board.

• Plan through Bill 16: keep the maintenance logbook and EUC up to date to avoid costly and chaotic emergencies. Prioritize interventions according to risk.
• Choose contractors holding the appropriate Regie du batiment du Quebec (RBQ) licence and using methods suited to an occupied building. Specify dust and noise-control measures in the call for bids.
• Communicate early and often: the schedule, time periods, affected areas, access routes and temporary solutions. Publish the documents on the bulletin board and by email.
• Establish requirements through a board resolution: working hours, late penalties, daily cleaning requirements, the site manager and a complaint protocol.
• Plan for the needs of vulnerable people: elevators, accessibility for persons with reduced mobility, examination periods and sensitive seasons. Adjust the schedule when reasonable.

Useful resources:

• RBQ – Choosing a contractor
• RGCQ – Bill 16 files and construction management
• Bill 16 and maintenance obligations (overview)

Insurance, loss or contingency fund: who pays?

Nuisances without property damage: any compensation may come from the syndicate, depending on fault or the abnormal nature of the inconveniences. It is often paid from the current budget, possibly through a reallocation, without drawing on the contingency fund.

Damage to common portions: a claim is made under the syndicate’s insurance policy, subject to the policy, deductible and allocation set out in the declaration of co-ownership and the C.C.Q. The contractor or its insurer may also be named if there was fault.

Damage to private portions or personal property: the co-owner’s insurance may respond for contents and improvements. Check the risk-allocation agreement in the declaration of co-ownership and the applicable resolutions.

Contingency fund: it finances major work and the preservation of the building, not nuisance compensation. The EUC and maintenance logbook help forecast these expenses and avoid having to endure unplanned construction projects.

For the legal basics concerning divided co-ownership and liability, consult the C.C.Q. on LégisQuébec. For the planning required under Bill 16, the RGCQ resources provide a useful practical overview.

• C.C.Q. – Divided co-ownership and responsibilities
• RGCQ – Bill 16 guides

FAQ

Q1. Can my board have noisy work carried out in the evening?
Except in an emergency, no. The hours must comply with the by-laws of the immovable and, ideally, municipal practices. The board should explain any exception and offer mitigation measures.

Q2. Can I ask for a reduction in my condo fees during the construction?
Rarely. Common expenses cover the co-ownership’s expenses. A reduction is not provided by default. However, you may claim targeted compensation if you prove abnormal harm.

Q3. Who compensates me if I have to relocate for a few nights?
It depends on the circumstances. If the nuisance is abnormal or results from fault, the syndicate or contractor may have to provide compensation. In the event of insurable damage, your insurer or the syndicate’s insurer might cover certain expenses.

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

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