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Renovating your kitchen, replacing a floor or redoing a bathroom in a divided co-ownership involves more than simply choosing materials. You must work within the declaration of co-ownership (DCV), the by-laws of the immovable, decisions of the board of directors (board) and legal requirements. Properly managing work in a unit protects co-owners, common portions and the value of the building.
In this practical guide, we summarize common condo construction rules, the authorizations to obtain, everyone’s responsibilities and the controls to put in place. It is based on the Civil Code of Quebec (C.c.Q.), industry best practices and the requirements of the Regie du batiment du Quebec (RBQ).
The legal and documentary framework: DCV, by-laws and the C.c.Q.
- DCV and by-laws of the immovable: together, these documents determine the building’s destination, restrictions on work and authorization procedures. The DCV takes precedence; the by-laws of the immovable set out the practical rules (noise hours, elevator protection, deposits, penalties, etc.).
- Civil Code of Quebec: each co-owner may alter their private portion, provided they do not infringe on the rights of others or the destination of the building (in particular, reference should be made to sections 1063 and 1068 C.c.Q.). The maintenance and repair of private portions are the co-owner’s responsibility (section 1066 C.c.Q.).
- Board decisions: the board of directors enforces the by-laws, authorizes work as required under the applicable procedures and may impose reasonable conditions to protect the common portions.
To consult the text of the Civil Code, see the LégisQuébec website (current at the time of publication):
- Civil Code of Quebec: https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991
Best practices for divided co-ownership are also published by the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ):
- RGCQ – Resources: https://rgcq.org/
Before starting: authorization request and required documents
Most by-laws require written authorization from the syndicate before any work that affects the structure, plumbing, electrical systems, waterproofing membranes, openings, windows or doors leading onto common portions, or any element visible from outside.
Recommended steps for your authorization file:
- Describe the work: nature, location in the unit, scope (demolition, modification, replacement) and estimated duration.
- Attach the plans and specifications: ideally signed by a qualified professional where required (engineer, architect, technologist), especially if the structure, load-bearing walls, columns, slabs or mechanical systems are affected.
- Identify the contractor: name, RBQ licence number, certificates (CMEQ/CMMTQ where applicable), references and contact information.
- Provide insurance documents: the contractor’s civil liability insurance certificate and, where required, proof of the co-owner’s insurance covering the construction work and potential damage.
- Comply with municipal permit requirements: some work requires a permit. Check with your city or borough and attach a copy of the permit when required.
- Plan the logistics: schedule, proposed working hours, elevator/freight elevator reservations, and a protection plan for corridors and common portions.
- Security deposit: many by-laws require a refundable deposit to cover potential damage to common portions; it is returned after the final inspection.
The board may approve or refuse the request, or ask for further information. Its decision is often recorded in the minutes of a meeting. Good preparation speeds up the process. To learn about the support available to syndicates, see our Operations Management Services page: https://www.multirent.ca/services/#gestion-des-operations
Contractors, permits and RBQ compliance
Choosing a licensed and insured contractor significantly reduces risks for the divided co-ownership. Before signing:
- Check the RBQ licence: use the public register to confirm that the licence is valid and that its subcategories correspond to the work to be performed.
- Require a written contract: description of the work, schedule, price, payment terms, insurance, warranties and management of unforeseen issues.
- Confirm insurance coverage: sufficient civil liability insurance and, where applicable, CNESST certificates.
- Use specialized contractors: electrical and gas work must be performed by properly qualified contractors.
Useful resources:
- RBQ – Verify a contractor’s licence: https://www.rbq.gouv.qc.ca/consommation/choisir-un-entrepreneur/verifier-la-licence.html
- RGCQ – Work in divided co-ownership (best practices): https://rgcq.org/
Construction rules in the unit and common portions
Even when work takes place in a private portion, it often affects common portions (elevators, lobbies, parking areas and drainage stacks). The by-laws of the immovable generally provide for the following:
- Permitted hours: time periods for noise and the transport of materials. Compliance with municipal by-laws is in addition to the internal rules.
- Protection of common portions: carpets, panels and elevator covers; protective panels on walls and doors; no depositing materials in corridors.
- Traffic and parking: mandatory service entrance, designated routes for contractors, loading dock reservations where applicable, and rules for trucks.
- Waste management: no depositing waste in garbage chutes or household waste rooms; sorting, a dedicated container and off-site removal at the end of each day or as agreed.
- Nuisance control: containing dust, using ventilation and filters, controlling odours (adhesives and paint), and temporarily protecting smoke detectors where necessary in accordance with the syndicate’s procedures.
- Water and power shutoffs: prior coordination with management for any shutdown of a riser, sprinkler system or electrical supply affecting other units.
- Safety and access: a named list of workers, badges or sign-ins at reception, and access keys or cards issued and returned daily.
- Restoration: daily cleaning of the areas used, a final inspection with management and prompt repair of any damage caused.
Planning tip: check the building’s maintenance logbook (or EUC) so that you can coordinate your work with major maintenance or syndicate projects and avoid interference (e.g., elevator replacement, roofing or plumbing stack work).
Responsibilities, insurance and damage
- Maintenance obligation: you must maintain and repair your private portion (section 1066 C.c.Q.). A lack of maintenance that causes damage to common portions or a neighbour’s property may make you liable.
- Compliant use: the work must not harm other co-owners or alter the destination of the building (section 1063 C.c.Q.).
- Insurance: the syndicate’s insurance generally covers common portions and, depending on the policy, certain basic elements of private portions after a loss. Your co-owner’s insurance should cover improvements, movable property, civil liability and any potential deductible.
- Damage to common portions: the syndicate may retain all or part of the security deposit, charge for repairs and require restoration. In the event of a dispute, a formal demand may be sent and court proceedings may be possible.
To navigate these issues effectively, many syndicates assign coordination to a specialized condominium manager. See our Administrative Management Services: https://www.multirent.ca/services/#gestion-administrative and consult our blog for more practical guides: https://www.multirent.ca/blogue/
Non-compliance: warnings, penalties and legal recourse
When construction work does not comply with the DCV, the by-laws of the immovable or the authorization granted, the syndicate may:
- Report the non-compliance and require immediate corrective measures.
- Temporarily suspend contractors’ access to common portions until the situation is brought into compliance, when the safety or integrity of the building is at issue.
- Apply the penalties provided for in the by-laws (e.g., administrative fines) and retain the deposit.
- Apply to the courts to stop a nuisance or obtain an injunction where necessary. The obligations and powers of co-owners and the syndicate are established by the C.c.Q., available here: https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991
Frequently asked questions
- Do I need a municipal permit to renovate? Often, yes, for plumbing, electrical work, load-bearing walls, windows visible from outside or a change affecting the building envelope. Check with your borough and provide a copy to the syndicate with your request.
- Can I modify a load-bearing wall or move a plumbing stack? This work requires an analysis by a professional (engineer/architect), signed plans, authorization from the syndicate and, frequently, a municipal permit. Without these requirements, the board will refuse the work.
- Will I have to disclose my renovations when selling? Yes, sellers must complete the seller’s declarations used in real estate brokerage and indicate known work. Reference: OACIQ – Seller’s Declarations: https://www.oaciq.com/fr/pages/declarations-du-vendeur
This article provides general information and does not constitute legal advice. Consult a lawyer or notary for your specific situation.
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