In Quebec, a certificate of location is a key part of a real estate transaction. It highlights legal irregularities by listing a home’s features and current condition. It presents a property’s status regarding titles and land registers in effect when the document was drafted. Just what exactly is in this official document and why is it mandatory? The following points will reveal why.
What is a certificate of location?
Issued by a chartered land surveyor, a certificate of location provides an accurate description of a property, including its boundaries, cadastral history, servitudes, etc. This document ensures the accuracy of essential information reported and protects both the buyer and the purchasing party. It discloses relevant information about a property. For example, it could mention that a house is located in a flood zone or at increased risk of landslides.
Section 1719 of the Quebec Civil Code stipulates that a certificate of location must be made available. It’s therefore a vital part of a fair and equitable real estate transaction. Note that a certificate of location does not have the same purpose as the minutes of boundary-marking operations, which serve to establish property limits.
Take the time to review the certificate of location if you’re thinking about buying a property. While browsing through it, you’ll be able to see the boundaries of your future abode, discover its layout issues and perhaps learn a bit of local history.
A certificate of location is a legally-binding document that gives a clear view of what a home has to offer in terms of titles, land registers, as well as laws and regulations that may affect it.
To sum up, a certificate of location is more than just a piece of paper: it’s required to navigate your way through the Quebec real estate market.
What’s a real estate broker’s role in this context?
A real estate broker can offer essential support to both buyers and sellers when it comes to the certificate of location. Before a transaction even starts, they will educate those involved about the importance of this document.
Emmanuelle Poitout, practice expert for real estate broker partners of the Confia real estate agency, explains the importance of understanding the certificate of location.
It’s fairly common for regular people to miss some of the nuances in a certificate of location. With their training and experience acquired through multiple transactions, brokers are professionally responsible and in a position to thoroughly review it. If one particular item seems to be problematic, they will recommend the advice of members from their network of experts (generally the notary involved in the transaction) who have analyzed the issue.
– Emmanuelle Poitout
During a transaction, a broker will ensure the validity of information provided by the seller, ensure that the certificate of location complies with required standards and is up to date, and identifies any irregularities. Their role is to facilitate the process by communicating with the parties involved (buyer, seller, notary, creditor, etc.) and intervening to overcome any obstacles encountered, if applicable.
After a purchase offer has been accepted (and before closing the sale), a notary verifies that the buyer has been given the certificate of location. They can also help buyers understand what’s included in the document. The objective is basically to ensure a smooth, safe and simplified process.
You choose peace of mind in a buying or selling transaction when you decide to take advantage of Confia’s personalized pairing. This service helps you to find a broker best suited to your needs.
Start a buying or selling projectWhat’s in a certificate of location?
A certificate of location allows you to have an overall picture of a property’s land status. So what’s in it? Let’s look at the various elements you’ll find in this document.
The report: an in-depth analysis
The report that comes with a certificate of location contains the following data gathered by the land surveyor:
Up-to-date description of the land
It includes lot size, shape and location. It specifies the width and depth of a dwelling.
Servitudes
This section identifies any special rights granted to a third party to use part of the property for a defined purpose, such as the right of way. The certificate could show that a servitude exists in order to allow access to the river through an adjacent property.
Encroachments
This reference is included if a structure or any other change to a home exceeds the property limits and encroaches on neighbouring or public land. For example, the certificate could establish that a shed built by the previous owner is two metres over the property boundary.
Compliance with municipal guidelines
This involves various guidelines issued by governmental authorities: building codes, zoning bylaws and other applicable laws or standards. A municipality may regulate various installations on your property, such as a shed, pool, fence and so on.
Restrictions
This is where agricultural, flood, airport or environmental protection zones are identified, which may impose specific restrictions or limits on the use or development of the property in question.
Checking on laws in force
The land surveyor verifies compliance with the Act respecting the preservation of agricultural land and agricultural activities, the Act respecting the Administrative Housing Tribunal, the Cultural Heritage Act, etc.
Property plan: detailed layout
The property plan, included in an existing certificate of location, illustrates lot shape, dimensions and surface area. You’ll also find information about a property’s specific physical features – a shed, fence, hedges or pool.
This information allows a land surveyor to issue their opinion on a property’s current condition as it relates to property titles, possible encroachments as well as laws and regulations, if applicable.
What’s the cost of a certificate of location in Quebec?
Fees vary according to the services rendered. That being said, the going rate for a certificate of location for a single-family home in an urban setting is $1,550.¹ You can check out the rates proposed by the Ordre des arpenteurs géomètres du Québec.
Who has to pay for a certificate of location?
It is usually the seller’s responsibility to produce a report and plan as it’s their legal obligation to provide the document.
How long is a certificate of location valid?
You’ll need an updated certificate of location when a new servitude affects a property or a change in the current document or current regulations is indicated.
Nevertheless, according to the Chambre des notaires du Québec and the Organisme d’autoréglementation du courtage immobilier, there’s a strong likelihood a new version will be required for a real estate transaction if the document is more than 10 years old.
Confirm a certificate of location in three steps
It’s one thing to have a certificate of location. It’s quite another to ensure it’s up-to-date and includes specific information about the house you’re eyeing to buy.
1. Ensure compliance with municipal bylaws
You must comply with all municipal bylaws in force in the area where the property is located. All information provided on the certificate of location for a home you wish to buy must comply with local codes, resolutions, notices and bylaws.
2. Check the building’s current state
Major changes may have transformed a property over time and they all must be clearly identified in the document. A new valid certificate of location is then issued.
This applies if changes have been made since the last version, including:
Installation of a power line
Addition of a right of way
Classification as a flood zone
Sale or purchase of part of the land
Expansion of the dwelling
Addition of a garage, shed, pool, fence or hedge
Cadastral renewal
If you’re unsure, ask a land surveyor or notary for advice.
3. Identify the lot number
Each property is represented on a cadastral plan and assigned a lot number. A certificate of location must show this. If the document doesn’t identify your property with a seven-digit number, it’s almost certainly out of date. The identification of lots has changed since the reform of the cadastral register on Quebec territory started after 1994.
When it complies with local requirements, a certificate of location protects all parties in a transaction.
A broker recommended by Confia can guide you through the verification process for a certificate of location.
Produce an updated version
In the context of a real estate transaction, the validity of the document is a prerequisite. A creditor and notary will require the document to be updated if there have been significant changes to the property since the last version of the certificate of location, or if the document is more than 10 years old.
The seller has to provide the buyer with a document identifying the current condition of the property. If one or more of the above criteria are not met, a land surveyor will have to prepare a new certificate of location. This ensures that all parties have the information they need to move forward with the transaction.
FAQ
Is a certificate of location mandatory?
Yes, a certificate of location is required in all real estate transactions. Issued by the seller to future owners, it ensures every person involved in the process is protected.
I’m selling my home. How do I get a certificate of location?
You need to hire a land surveyor if you’re selling your property and want to get a certificate of location. Consult the Ordre des arpenteurs-géomètres du Québec website to find a professional in your region.
If you’re looking for personalized support during a real estate transaction, do business with a broker recommended by Confia. This person will advise you on how to get a certificate of location and will help you to better understand the information it contains.
How do I know if the certificate of location provided to me is valid?
It should include details of the property’s current condition and be no more than 10 years old, according to the Chambre des notaires du Québec and the Organisme d’autoréglementation du courtage immobilier.
¹ ORDRE DES ARPENTEURS-GÉOMÈTRES DU QUÉBEC. Guide des tarifs suggérés 2024, [Online], 2024. [https://oagq.qc.ca/ressources/guide-des-tarifs-suggeres/]