The plans and specifications of a constructed (as) built are essential tools for the syndicate of co-owners, responsible for managing the common areas and ensuring the preservation of the building. Kept in the register required under article 1070 of the Civil code of Québec, these technical documents provide an overview of the building's design, modifications, and renovations, thereby facilitating its maintenance and management. They help in better planning of future work and preventing costly mistakes. Without this information, the board of directors risks losing crucial reference points necessary for ensuring optimal and sustainable management of the building.
What are plans and specifications?
Plans are the technical and graphic representation, drawn to scale, of a construction project. They must be signed by an engineer or architect, as applicable, who must also affix their seal.
Specifications are written documents that detail the nature and specifics of the work to be carried out. They include technical specifications and a qualitative description of the materials to be used.
Plans and specifications include:
Legal obligations related to plans and specifications
The building's plans and specifications must be included in the register of co-ownership, as stipulated in article 1070 of the Civil code of Québec. This register consolidates essential documents for managing the property and ensures that plans and specifications are accessible to co-owners, administrators, and other authorized stakeholders.
2. Developer's obligation (article 1106.1 C.c.Q.)
The developer is required to provide the syndicate with the plans and specifications within 30 days of the special transitional meeting, particularly for a newly built or renovated building. These documents must include any substantial changes made during construction or renovations compared to the original plans. Any other available plans and specifications must also be delivered.
3. Designers' obligations (article 1083.1 C.c.Q.)
If the developer has not provided the required documents or if article 1106.1 of the Civil code of Québec does not apply, the syndicate of co-owners can request the plans and specifications directly from the architect or engineer who designed them. Since the enactment of Bill 16 on January 10, 2020, this request is governed by article 1083.1 of the Civil code of Québec, which obliges these professionals to transmit the documents upon request. They are, however, entitled to charge fees, which, although not explicitly required to be reasonable by the article, are understood not to be excessive.
This provision marks a significant change: the professional confidentiality surrounding plans and specifications, usually reserved for the client (such as the real estate developer), can now be lifted for the benefit of co-owners represented by the syndicate. This right applies even to buildings constructed before this new rule came into effect.
Moreover, change orders, addenda, and construction directives, which impact the plans and specifications, must also be provided to the syndicate. This evolution enhances transparency and supports the efficient management of co-owned properties.
Importance of plans and specifications in co-ownership
Plans and specifications play a central role in the efficient and responsible management of a co-owned building. Their inclusion in the register as required by Article 1070 of the Civil Code of Québec provides several benefits:
WHAT YOU SHOULD KNOW ! Within 30 days following the special transitional meeting, the developer is required to provide the syndicate, for a newly built or renovated property, with the plans and specifications, along with any indications of substantial modifications made during construction or renovation, compared to the initial plans and specifications.
REMEMBER : Plans and specifications are far more than administrative documents; they are indispensable tools for proactive and informed co-ownership management.
WARNING ! The absence of complete plans and specifications can complicate work planning, lead to additional costs, or result in disputes.
CONSULT A Request for transmission of building plans and specifications
