I am about to make a significant investment by purchasing an off plan apartment, but this decision must strictly meet specific requirements that directly impact my quality of life. Being highly intolerant to secondhand smoke, I cannot, under any circumstances, consider living in a condominium where smoke from neighboring units could infiltrate my space. The air I breathe must be clean and free of any nuisances, and a smoke-free environment is more than just a preference for me—it is an absolute necessity to safeguard my health and well-being.
Question: How can I obtain assurance from the developer that tobacco use will be prohibited within the private units of the building they are constructing?
Answer: Your question is particularly relevant, as a developer can include in the declaration of co-ownership that the destination of the immovable includes a strict smoking ban, thereby designating the property as exclusively reserved for non-smokers.
By specifying that protecting residents' health and creating a healthy, smoke-free environment are part of the building’s purpose, the developer establishes a fundamental characteristic of the condominium. Thus, anyone purchasing a unit automatically agrees to this restriction inherent to the building’s purpose.
To ensure that the condo you are considering purchasing off-plan meets your criteria, it is essential to request a copy or summary of the draft declaration of co-ownership from the developer. According to article 1788 of the Civil Code of Québec, the developer is required to provide a disclosure statement to prospective buyers, which must include this draft or its summary.
If, after reviewing the draft, you find that no provision explicitly prohibits owners from smoking in their private units, there will be no guarantee of a smoke-free environment. In this case, we recommend not taking the risk and instead seeking another real estate project that fully meets your expectations.
