Unpermitted Condo Work in Quebec: What Happens at Sale

Selling a condo after unpermitted work can become a real headache. In divided co-ownership, municipal rules, the declaration of co-ownership and decisions of the board of directors overlap. If unauthorized modifications affect the common portions, the structure or the destination of the building, the transaction may be delayed, renegotiated or even fall through.

This article explains, for co-owners and directors, the practical impacts at sale, the legal obligations and the process for regularizing the situation. We also cover prevention, so that your future renovation projects remain compliant and traceable in the maintenance logbook and the EUC.

Key point: the phrase “unpermitted condo work Quebec” refers both to the absence of a municipal permit and to the lack of internal authorization from the syndicate. Both aspects matter when a property is sold.

Unpermitted work: what it means in a condo

In a condo, “unpermitted” can refer to two distinct and sometimes cumulative situations.

• The absence of a municipal permit required by the city (e.g., opening a wall, modifying electrical work, adding a wall-mounted heat pump or replacing windows).
• The absence of internal authorization required by the declaration of co-ownership or the by-laws of the immovable (e.g., work affecting soundproofing, the structure, risers, the slab, the balcony or the facade—often common portions).

Each municipality has its own permit rules, but many common co-ownership projects require municipal approval and, in parallel, a resolution of the board of directors or the meeting, depending on the impact. A contractor holding a licence from the Regie du batiment du Quebec (RBQ) is required for most construction and renovation work in Quebec. Consult the Regie du batiment to understand the licence categories and professional obligations.

• RBQ – Construction licences and work: rbq.gouv.qc.ca

On the co-ownership side, the declaration of co-ownership specifies what is permitted in the private portions, the restrictions relating to noise, soundproofing and flooring, as well as the approval procedure. Work affecting the common portions (even portions for restricted use) almost always requires authorization from the syndicate, sometimes ratified at the annual general meeting and recorded in the minutes.

Consequences at sale: delays, discounts and risks

Non-compliant work may come to light during showings, an inspection, an analysis of the seller’s declaration (OACIQ) or a review of the syndicate’s documents by the buyer and their notary. Here are the main impacts.

Delays, conditions and price adjustments

• Additional conditions: the buyer may require regularization before the deed of sale (a retroactive permit, engineer’s plans or soundproofing tests) or request that funds be held in trust by the notary until proof of compliance is provided.
• Renegotiation: if the perceived risk is significant (structure, safety or fire), a price reduction or a credit at closing is common.
• Postponement of signing: obtaining a permit after the fact and completing a municipal inspection take time, especially if corrective measures are imposed.

Responsibilities and possible recourse

• Disclosure obligation: the seller’s declaration must mention the work and the authorizations obtained or not obtained. The buyer relies on it to make their decision. Refer to the OACIQ guides on the seller’s declaration.
• Recourse for a defect or non-compliance: if the buyer later discovers illegal work that causes them prejudice, they may claim corrective measures or compensation. The notary will often recommend resolving the issue before the deed of sale to limit the risks.
• Insurance and the syndicate’s liability: clandestine work that worsens a loss (e.g., water damage) can complicate claims and the allocation of costs. The syndicate may require that the private portion be restored at the co-owner’s expense and, if necessary, send a formal notice.

What the laws and regulations say

The Civil Code of Quebec governs co-ownership. Without quoting it in full, here are the key principles to remember.

• The syndicate’s mandate: it must ensure the preservation of the building, the maintenance and the administration of the common portions (see section 1039 C.C.Q.). See LégisQuébec – Civil Code.
• Use and destination: each co-owner may enjoy their private portion, but without infringing on the rights of the other co-owners or the destination of the building (see section 1063 C.C.Q.).
• Major decisions: work substantially affecting the common portions or the structure may require a reinforced majority at a meeting (see section 1097 C.C.Q.).

In addition to the Civil Code of Quebec, the Building Act and the Construction Code apply. Many projects require signed plans and licensed contractors. To learn about the technical requirements and the framework governing contractors, consult the RBQ.

In a co-ownership, the declaration of co-ownership and the by-laws of the immovable detail the authorization procedure: documents to provide (plans and certifications), working hours, security deposits, the contractor’s civil liability insurance and the requirement for a final inspection. The board of directors must add interventions affecting the building to the unit file and the maintenance logbook/EUC. The RGCQ offers useful guidance on these best practices: rgcq.org.

Regularizing work before selling: a step-by-step process

Before putting the property on the market, it is preferable to correct the situation. Well-documented regularization reassures the buyer and their notary.

1. Gather the information
   • Describe the work performed (dates, rooms affected and photos). Determine whether any common portions were affected.
   • Locate the invoices, the contractors’ names and proof of RBQ licensing, if required.
2. Review the declaration of co-ownership and consult the board of directors
   • Ask the syndicate in writing for the procedure to authorize or regularize the work. Attach plans and technical data sheets.
   • Request an internal inspection if common portions are involved; have the follow-up recorded in the board of directors’ minutes.
3. Confirm the municipal requirement
   • Contact your city’s planning department to determine whether a permit was missing and how to obtain one retroactively.
   • If plans are required, retain a professional (architect or engineer) to certify compliance or recommend corrective measures.
4. Complete the corrective measures
   • Remove, reinforce or replace elements in accordance with the technical and municipal directives. Use contractors holding an RBQ licence.
   • Have the required inspections carried out (municipal inspections and, if necessary, an inspection by the syndicate).
5. Obtain the final certifications
   • Closed permit, an up-to-date certificate of location if the modification is significant within the fraction, and a letter from the syndicate confirming internal compliance.
   • Update the unit file and the syndicate’s EUC/maintenance logbook.
6. Disclose clearly at sale
   • In the seller’s declaration, specify the nature of the work, the permits and approvals, and the corrective measures completed. Attach the supporting documents.

Need administrative support for authorizations, minutes follow-ups and document archiving? See our administrative management service. For coordinating inspections and contractor calls for tenders, consult our operations management service.

Preventing problems: best practices for the board of directors and co-owners

• Before any project: write to the syndicate. Request the list of requirements (plans, deposits and insurance) and the review timeline.
• Follow the approval process: do not order materials or begin demolition before receiving written approval and, if necessary, having the municipal permit in hand.
• Manage the contractor: verify their RBQ licence and insurance, and refer them to the rules of the immovable (common portions, hours, noise and elevators).
• Document everything: “before and after” photos, certificates and reports. The board of directors must file these documents in the unit file and in the maintenance logbook/EUC.
• Communicate at the annual general meeting: an annual information item on ongoing work and regulatory reminders helps reduce discrepancies. Keep a record in the minutes.

Examples of work and required permissions (to be confirmed according to the city)

Tip: if your building has already adopted standards (e.g., a window model or soundproofing ratings for flooring), require them to be attached to every authorization request and referenced during reviews.

FAQ – Selling a condo after unpermitted work

• What should I do if the buyer discovers non-compliant work after the deed of sale?
  Consult a legal adviser promptly. Depending on the prejudice and the evidence, an agreement on corrective measures or compensation may be negotiated. The syndicate could also intervene if common portions are affected.
• Can the syndicate force the private portion to be restored?
  Yes, when this is necessary to protect the common portions, safety or the destination of the building. The board of directors may send a formal notice and, if necessary, have the work carried out at the co-owner’s expense, subject to the Civil Code of Quebec and the declaration of co-ownership.
• Do I have to mention “minor” work?
  As a precaution, disclose any significant modification and indicate whether a permit or approval was obtained. If in doubt, disclose it and attach your supporting documents. The OACIQ emphasizes transparency in the seller’s declaration.

For greater visibility and process templates, also consult our resources on the multiRent blog. And if you want to structure the work approval process, see our packages tailored to syndicates.

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? Discover our packages or contact us to assess your needs.