As part of a real estate transaction, your broker will help you obtain or have the necessary documents produced, including the certificate of location. This report provides a guarantee to the buyer and the seller, certifying the property's compliance or, if applicable, revealing irregularities that are essential to know in order to properly protect all parties involved.
What is a certificate of location?
The certificate of location is a document with legal value that provides the "health status" of a property in relation to title deeds, the cadastre, as well as the laws and regulations that may affect it (Ordre des arpenteurs-géomètres du Québec, 2025).
Thus, this document attests to the state of the land being sold, its exact dimensions, and the laws and regulations concerning the immovable property. It is a mandatory document in a real estate transaction, which your broker will require, and which can only be issued by a member of the Order of Land Surveyors of Quebec.
After 10 years, a certificate of location is considered "no longer up to date" or "no longer representing the current state of the immovable". At the time of sale, the notary will then have to request a new one, due to the ten-year prescription period stipulated in article 2917 of the Civil Code of Quebec.
What does this crucial document contain?
- The current description of the land (dimensions, area, and boundaries of the lot).
- The location of the different elements of the property (buildings, garage, pool, shed, etc.) in relation to the land boundaries.
- The servitudes.
- Encroachments (e.g., if a structure or a fence extends onto a neighbouring property or public space).
- Compliance with municipal and government regulations.
Who pays for the certificate of location?
It is generally the seller who assumes the costs. The cost of producing the certificate will depend on the property's location, its dimensions, as well as various other factors.
Important points for the buyer
As a buyer, requiring an up-to-date certificate of location is essential:
- It ensures that your future property complies with municipal regulations and government standards in effect.
- It can reveal important problems.
- It will help you avoid potential neighbourhood disputes related to a poorly positioned fence or an encroachment.
Important points for the seller
When you sell your property, it is essential to provide an updated certificate of location:
- By providing this document, you will be legally protected, as the buyer will be informed of the actual state of the property and any potential irregularities before the transaction.
- You will avoid costly delays and waiting periods of several weeks.
- Provide this crucial certificate, required by the notary and the buyer's financial institution, to finalize the transaction and guarantee the granting of the mortgage loan.
Whether you are a buyer or a seller, this document offers you the guarantee of knowing and confirming the actual state of the property.The certificate of location is your best protection against unpleasant surprises and future disputes.
