The importance of an up-to-date certificate of location

Whether you are selling or buying a house, the certificate of location is a document that will provide you with very useful information.

In order to market your home, your real estate broker will ask you for a number of documents, including the certificate of location. According to the Land Surveyors Act , which is under provincial jurisdiction, a certificate of location is described as:

"a document in minutes comprising a report and a plan, in which the land surveyor expresses his opinion on the current situation and condition of a property in relation to the property titles, the land registry, as well as the laws and regulations which may affect it."

As required by real estate brokerage forms, the seller must provide his broker with a certificate of location describing the current condition of the premises. This includes not only the physical condition of the premises (addition of a swimming pool, a shed, a fence), but also changes in regulations that may affect the findings made on the certificate of location. For example, a change in regulations relating to the zoning of premises located within a flood zone or an erosion or ground movement zone should require the preparation of a new certificate. The certificate of location must also reflect any cadastral renovation even if the only change made is a change in lot number.

If your location certificate is more than 10 years old, your broker will inform you, upon signing the brokerage contract, of the need to appoint a land surveyor to prepare a new certificate, even if it describes the current condition of the property. In fact, when selling, the notary will require a new one due to the ten-year limitation period provided for in article 2917 of the Civil Code of Quebec .

Furthermore, obtaining title insurance does not in any way exempt the seller from his obligation to provide an up-to-date certificate of location, whether or not the purchase of the property is financed by a loan secured by a real estate mortgage.

Costs

As mentioned in the real estate brokerage forms, the obligation to provide a location certificate describing the current state of the premises falls to the seller, so it is he who bears the costs of preparing it. Furthermore, if the buyer requires, as part of his promise to purchase, the preparation of a new certificate and it does not reveal any changes compared to the previous certificate, its preparation will be the buyer's responsibility.

Time limit

When a new location certificate is required, it is important to take into account the time required to prepare it, which is on average 4 to 6 weeks. This time may be longer in a context where the market is booming. It must also be taken into account that the notary must be able to view it, as with any existing location certificate, at least 20 days before the signing of the deed of sale.

The Info OACIQ information centre is the first place to contact for any questions related to real estate brokerage. Its information agents put their knowledge to work to protect the public. Don't hesitate to consult them!

Last updated: June 21, 2023

Item number: 202617