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Renovating a kitchen, opening a wall, replacing a bathtub with a shower… In divided co-ownership, this work may seem to be “in your own space,” but it is subject to a precise legal framework. Between the municipal permit, authorization from the board of directors (board), the declaration of co-ownership and the by-laws of the immovable, proper preparation helps prevent delays, fines and conflicts between co-owners.
In this article, we explain when a permit is required, who must obtain it, which authorizations the syndicate must give and what responsibilities each party assumes. You will come away with a practical process for carrying out your condo renovations in compliance with Quebec requirements.
When is a municipal permit required?
In Quebec, municipalities issue construction and renovation permits. Requirements vary depending on the city and the nature of the work. Generally, a permit is required to:
- Modify the structure (load-bearing wall, slab, beam, enlarged opening)
- Alter plumbing (relocate a drain, add a shower, replace a water heater with a change to the piping)
- Carry out electrical work (new circuit, relocate a panel, add an electric heated floor)
- Alter the building envelope or exterior appearance (windows, doors, balconies, cladding) — often common portions or common portions for restricted use
- Reconfigure the interior layout (redistribute rooms, add a bathroom)
Some minor cosmetic work (painting, replacing cabinets identically without relocating plumbing or electrical components) does not require a permit. However, the fact that no municipal permit is required never exempts you from complying with the declaration of co-ownership and the condominium’s internal rules.
For the legal foundations governing the organization and powers of a divided co-ownership, consult the Civil Code of Quebec (C.c.Q.), particularly the provisions dealing with syndicate decisions and the use of common portions (see LégisQuébec, Divided co-ownership).
- Reference: Civil Code of Quebec (C.c.Q.) — Divided co-ownership (LégisQuébec): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
Condominium authorizations: what the board and annual general meeting can decide
Even if the work is located in your unit (private portion), it may affect common portions (e.g., load-bearing walls, columns, ducts, slabs, ventilation columns) or the harmony of the immovable. In these cases:
- The board of directors may require a formal application, sealed plans (engineer/architect), a detailed description and a schedule.
- The by-laws of the immovable may set work hours, security deposits, elevator procedures, requirements to protect common portions and penalties for non-compliance.
- Work that substantially changes common portions, the appearance or the destination of the immovable may require a resolution adopted at a meeting (annual general meeting or special meeting), with the majorities set out in the C.c.Q. (e.g., important decisions covered by sections 1097–1098 C.c.Q., depending on the nature of the project, without quoting the exact wording here).
A good practice: before committing to anything, review your declaration of co-ownership (constituting act, by-laws of the immovable) and obtain written confirmation from the board of directors of the scope of the required authorizations. This confirmation and its conditions should be recorded in the minutes of a board of directors meeting or an annual general meeting, then clearly communicated to the requesting co-owner and the contractor.
Who obtains the permit and who assumes what?
As a general rule, the person having work carried out in their private portion obtains the municipal permit in their own name, after receiving the syndicate’s authorization where required. The syndicate, for its part, obtains permits for its own projects involving common portions (e.g., roof repairs, replacement of a water supply column), paid for through common expenses or the contingency fund, depending on the budget and the authorized decisions.
- Work limited exclusively to a private portion with no impact on common portions: the co-owner obtains the permit, if applicable, and assumes the costs and responsibilities.
- Work in a private portion that affects or may affect common portions (structure, columns, fire separations, drains, ventilation): the co-owner must obtain the syndicate’s written authorization; the municipal permit generally remains in the co-owner’s name, with a letter of authorization from the syndicate required by the city where applicable.
- Work on common portions or common portions for restricted use (windows, patio door, balcony), often standardized: the syndicate’s authorization is mandatory, and the arrangements (permit/who pays) depend on the declaration of co-ownership, established practices and adopted resolutions. The syndicate may centralize the project to standardize performance and appearance.
Letter of authorization from the syndicate
Several municipalities require a letter of authorization signed by the syndicate when work, although located in a unit, could affect a common component. This letter confirms that the project has been assessed and approved by the board of directors subject to the stated conditions (plans, schedules, protection measures, insurance, responsibilities, etc.).
RBQ licence, contractors and specialized trades
For construction, plumbing, electrical or other regulated work, the contractor must hold the appropriate licence from the Regie du batiment du Quebec (RBQ). Hire licensed and insured contractors, and verify their status before signing.
- Verify a contractor’s licence (RBQ): https://www.rbq.gouv.qc.ca/consommateurs/verifier-la-licence-dun-entrepreneur/
- Licence requirement (RBQ): https://www.rbq.gouv.qc.ca/licence/obtenir-une-licence/
Responsibilities, insurance and damage: who pays if things go wrong?
Responsibilities are assessed based on the source of the damage, the affected portions and what the declaration of co-ownership provides.
- Damage caused by a co-owner’s work (e.g., water damage resulting from an improperly installed connection): the responsible co-owner and/or their contractor may be required to provide compensation. The syndicate may claim costs relating to affected common portions and other units, depending on the evidence and the declaration of co-ownership.
- Insurance: the co-owner must maintain adequate home insurance; the contractor must provide proof of liability insurance. The syndicate holds its own insurance policy for common portions. Deductibles and allocations are handled according to the policies and the declaration of co-ownership.
- Non-compliance with the code or by-laws: the city may impose corrective measures and fines; the syndicate may require restoration at the co-owner’s expense if common portions are affected or the by-laws are breached.
- Nuisances and consideration for neighbours: noise, dust, traffic and elevators are governed by the by-laws of the immovable. Security deposits and penalties may apply in the event of non-compliance.
For practical guidance on co-ownership life and managing construction work, also consult the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ): https://rgcq.org/
Recommended process: 7 steps for hassle-free work
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Clarify the nature of the work
- Describe the project precisely: what, where and how, and which components (structure, plumbing, electrical) are affected.
- Determine whether this is an identical replacement or a modification.
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Review your co-ownership documents
- Declaration of co-ownership (constituting act, by-laws of the immovable), renovation policies and authorization forms.
- Note the requirements: sealed plans, deposits, insurance, work hours, elevator and delivery procedures.
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Obtain the syndicate’s authorizations
- Submit an application to the board of directors with plans, technical data sheets and a schedule.
- Depending on the scope, a decision at an annual general meeting may be required (record everything in the minutes).
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Verify which municipal permits are required
- Contact your municipality’s planning department to confirm the permit(s) and required documents (plans, letter of authorization from the syndicate, photos, etc.).
- Comply with applicable safety, fire separation and soundproofing standards.
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Choose licensed and insured contractors
- Compare detailed quotes.
- Verify the contractor’s RBQ licence and liability insurance before signing.
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Submit the permit application and prepare the site
- Attach the required documents (sealed plans, syndicate authorization, technical data sheets).
- Protect common portions, reserve the elevator if necessary and inform neighbours of noisy periods.
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Monitor, close out and document the work
- Have the necessary inspections carried out; obtain the city’s final approvals where applicable.
- Provide the syndicate with final plans, warranties and proof of compliance to update the maintenance logbook/EUC.
Need an experienced eye to coordinate authorizations, communications and scheduling? See how we support construction projects on the operations and compliance side:
Frequently asked questions (FAQ)
Q1. Can I carry out “minor” work without a permit or authorization?
It depends on the municipality and your building’s by-laws. Some cosmetic work does not require a permit, but the by-laws may still require you to notify the syndicate, comply with work hours and protect common portions. When in doubt, request written confirmation from the board of directors and check with the city.
Q2. Can the board of directors refuse my project?
Yes, if the project contravenes the declaration of co-ownership, affects common portions without sufficient guarantees (plans, engineering), interferes with the harmony of the immovable or creates risks. The board of directors must act in good faith and provide reasons for its conditions or refusal based on the interests of the co-ownership and the C.c.Q. In practice, a well-prepared, compliant and documented project is more likely to receive the green light.
Q3. Who pays if a structural problem is discovered when opening a wall?
If the problem affects a common portion (e.g., beam, slab, column), the repair generally falls to the syndicate, subject to the declaration of co-ownership and budgetary decisions (common expenses, contingency fund). However, if the co-owner’s or contractor’s intervention caused or worsened the damage, claims may follow. Document everything immediately, notify the syndicate and coordinate with the insurers.
Useful references
- Civil Code of Quebec — Divided co-ownership (LégisQuébec): https://www.legisquebec.gouv.qc.ca/fr/document/lc/CCQ-1991
- RBQ — Licence requirement: https://www.rbq.gouv.qc.ca/licence/obtenir-une-licence/
- RBQ — Verify a contractor’s licence: https://www.rbq.gouv.qc.ca/consommateurs/verifier-la-licence-dun-entrepreneur/
- RGCQ — Co-ownership resources and best practices: https://rgcq.org/
This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.
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