Definition : Work modifying the destination of the immovable

Work that upon completion does not comply with the destination of the immovable, at that time. This is the case, for example, for backfilling an outdoor swimming pool to build a parking lot or the development of a commercial space in a co-ownership in which the destination is exclusively residential. This work must:

• be authorized by the meeting of co-owners by the double majority of article 1098 of the Civil Code of Quebec;
•  not affect the rights of the co-owners in their private portions.

 WARNING ! A declaration of co-ownership prior to 1 January 1994 may validly require unanimity, in other words require the agreement of all co-owners, for decisions to change the destination of the immovable (Article 53 of the Act respecting the implementation of the reform of the Civil Code).