This article was co-written with Romane Poirier-Lévesque.
As of August 14, 2025, a significant new provision will come into effect in Québec regarding the sale of divided co-ownership properties. This new regulation aims to strengthen transparency, administrative diligence, and buyer protection in the real estate market1.
From that date forward, any seller of a condo unit (fraction of co-ownership) will be required to provide the buyer with a certificate detailing the condition of the co-ownership2. This document, issued by the syndicate of co-owners, will be mandatory to complete a sale. The syndicate will have 15 days to produce the certificate upon request from the selling co-owner3.
What Must the Certificate Include?
At a minimum, the certificate must include the following:
- The total amount of the contingency fund as of the date of the certificate, along with recommendations from the contingency fund study;
- The common expenses assessed and paid over the past three years;
- The available liquid assets for current expenditures;
- The annual surplus or deficit from the last three financial statements;
- The current year's projected budget;
- A confirmation of the mandatory insurance coverage held by the syndicate;
- The amount in the self-insurance fund as of the date of the certificate and the highest deductible provided for in the insurance policies;
- A summary of the inspections and expert reports conducted by the syndicate over the past five years;
- A list of claims affecting the unit being sold or the common areas within the past five years;
- A summary of major work planned over the next ten years, including dates and estimated costs;
- A summary of any ongoing litigation involving the syndicate;
- An overview of changes made to the declaration of co-ownership in the past three years.
The certificate must be dated, signed, and must indicate the name and title of the authorized person issuing it4.
Impacts for Sellers, Buyers, and Syndicates
For sellers, this introduces a new legal responsibility: it will now be impossible to sell a condominium without this certificate. While it adds an administrative step, it contributes to a more transparent transaction.
For the buyer, the certificate provides a clear and reliable overview of the condominium. It helps better assess financial risks and upcoming work, and also reduces the likelihood of unpleasant surprises after the purchase.
For the syndicate, producing the certificate represents an increased administrative burden. Syndicates and their administrators must keep their documents up to date, engage qualified professionals for inspections, and ensure rigorous management of the building.
The sale of a condominium in Québec will no longer be quite the same after August 14, 2025. This reform marks a significant step toward more modern co-ownership management while ensuring transparency between all parties involved in a condominium sale.
A New Standard for Condo Transactions in Québec
The sale of a condo in Québec will undergo a notable shift starting August 14, 2025. This reform marks a significant step toward modernizing co-ownership governance, while ensuring greater transparency between all parties involved in the transaction.
Footnotes
2 Art. 1068.1 C.c.Q.
3 Id.
4 Gouvernement du Québec, Règlement établissant diverses règles en matière de copropriété divise, Gazette officielle du Québec, partie 2, 2024, article 10, PDF en ligne.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.