Certificate of Location Quebec: What Buyers & Sellers Must Know

Certificate of Location Quebec: The Complete Guide for Buyers and Sellers

Certificate of Location Quebec: The Complete Guide for Buyers and Sellers

If you’re buying or selling a home in Montreal or the West Island, you’ve probably heard your broker or notary mention the certificat de localisation — or certificate of location. You may have nodded along politely while wondering what exactly it is and why it matters.

This guide breaks it down clearly. By the end, you’ll know what the certificate of location Quebec law requires, who orders it, who pays for it, what it reveals, and what red flags to watch for. Whether you’re a first-time buyer or a seasoned seller, this document plays a critical role in every real estate transaction in the province.


What Is a Certificate of Location in Quebec?

A certificate of location is an official document prepared by a licensed land surveyor that describes the current physical state of a property and compares it against the legal titles, cadastre records, and applicable municipal and provincial regulations.

Think of it as a snapshot — taken at a specific point in time — of exactly how a property sits on the ground, how it relates to its neighbours, and whether everything (the house, garage, shed, pool, fence) is legally where it’s supposed to be.

The certificate of location Quebec surveyors produce includes:

  • A survey plan (the visual drawing of the property)
  • A report (written analysis of any discrepancies, encroachments, or violations found)

Together, these two components give buyers, sellers, and notaries a clear picture of what they’re actually dealing with.


Why Is a Certificate of Location Legally Required in Quebec?

This isn’t optional paperwork. Under Article 1719 of the Civil Code of Quebec, the seller is legally obligated to provide the buyer with a copy of the certificate of location prior to closing. This obligation exists because buyers have a right to know the true physical and legal state of a property before committing to a purchase.

The law recognizes that a property’s legal description on paper doesn’t always match reality on the ground. Fences drift. Sheds get built in setback zones. Additions go up without permits. Without a current certificate of location, buyers would be flying blind.

Your notary — who oversees the title transfer in Quebec — will review the certificate carefully and flag any issues before you sign. If problems surface, they need to be resolved before the transaction closes, or the parties need to agree on how to address them.


Who Can Produce a Certificate of Location in Quebec?

Only licensed members of the Ordre des arpenteurs-géomètres du Québec (OAGQ) are authorized to produce a certificate of location in Quebec. These are professional land surveyors with specific training and legal standing under Quebec law.

Do not accept a certificate produced by anyone outside this order. It won’t be legally valid, and your notary will reject it.

When you’re selling, your real estate broker will typically help coordinate with a surveyor. In areas like Pointe-Claire, Beaconsfield, and Dollard-des-Ormeaux, where properties range from postwar bungalows to large lots with multiple structures, having an accurate and up-to-date certificate of location Quebec surveyors prepare can make or break a deal.


What Does a Certificate of Location Contain?

The certificate of location Quebec law requires covers four main areas:

The surveyor compares the physical boundaries of the property with the registered title deeds and cadastre records. Any gap between legal description and physical reality is flagged.

2. Cadastre

The cadastral lot number and boundaries are verified against the provincial cadastre database. Discrepancies are noted in the report.

3. Occupation

This covers everything on the land: the main dwelling, any outbuildings (garage, shed, pool house), fences, driveways, pools, and decks. The surveyor notes the dimensions and positions of all structures.

4. Municipal and Provincial Regulations

The surveyor checks whether all structures comply with applicable zoning bylaws, setback requirements, and other municipal regulations. A pool too close to the property line, a shed built in an easement, or a basement conversion that violates zoning — all of this gets flagged.


Who Orders and Who Pays?

The seller is responsible for providing the certificate of location to the buyer. In practice, this means the seller orders it and pays for it.

Typical cost: $500 to $1,500, depending on property type and complexity. A condo in a high-rise will generally be less expensive than a detached house on a large lot with multiple outbuildings.

The buyer’s notary reviews the certificate as part of the closing process. If the notary identifies issues, they’ll inform both parties. Depending on the severity, issues may need to be resolved, disclosed, or negotiated before closing proceeds.

For sellers: order the certificate early. Don’t wait until you have an accepted offer — it can take 2 to 4 weeks to produce, and delays can jeopardize your closing timeline. If you’re planning to sell, check out our complete guide to selling your home in Montreal for the full roadmap.

For buyers: you have the right to receive and review this document. If you’re purchasing your first home, our first-time home buyer guide for Montreal walks you through every step of the process.


How Long Is a Certificate of Location Valid?

A certificate of location in Quebec is generally considered valid for 10 years. However, the age alone isn’t the determining factor — what matters is whether the property has changed significantly since it was issued.

If any of the following have occurred since the last certificate was produced, the seller may need to order a new one:

  • Major renovations (additions, new structures)
  • A pool, shed, or detached garage was built
  • Significant changes to the lot (retaining walls, major landscaping)
  • Zoning regulations in the municipality have changed

If the existing certificate is more than 10 years old or clearly doesn’t reflect the current state of the property, the seller must order a new one. Attempting to use an outdated certificate of location is a red flag in itself and may expose the seller to legal liability.


Certificate of Location vs. Survey Plan (Plan d’Implantation)

These two documents are often confused but serve different purposes.

Document Purpose Produced by
Certificate of Location Legal compliance snapshot — compares physical state to titles, zoning, and regulations OAGQ land surveyor
Survey Plan (Plan d’Implantation) Construction planning document — used to determine where to place a new structure OAGQ land surveyor or engineer

The certificate of location Quebec transactions require is a compliance document. It answers: “Is everything on this property legal and where it’s supposed to be?” A survey plan is a planning document. It answers: “Where can I build?”


Special Considerations for Condos

For condominium purchases, the certificate of location works a bit differently. The certificate covers the building as a whole and the common areas; your individual unit is described primarily through the déclaration de copropriété (condo declaration) and the cadastral description of the co-ownership.

Your notary will review both documents together. In a condo transaction, the certificate of location confirms that the building was constructed in compliance with applicable regulations — but it won’t show the interior layout of your specific unit.


Red Flags to Watch for in a Certificate of Location

Not all certificates come back clean. Here’s what buyers should watch for when reviewing a certificate of location Quebec surveyors have prepared:

Encroachments — A structure (fence, wall, shed) that crosses onto a neighbouring property, or a neighbour’s structure crossing onto the subject property. These can be significant legal issues and may require formal agreements or removal.

Zoning violations — A deck, pool, or addition that doesn’t comply with current zoning bylaws or setback requirements. If it was built without a permit or doesn’t conform to current rules, the buyer inherits the problem.

Easements and rights of way — The property may have registered easements (e.g., a utility company’s right to access a portion of the land). These run with the land and don’t disappear on sale.

Setback issues — Structures built too close to the property line, a water body, or public infrastructure. Municipalities may require removal or forbid future expansion.

Illegal accessory structures — A shed, secondary suite, or pool house that was built without permits or doesn’t comply with size limits.

Discrepancy between lot dimensions — If the physical lot is significantly different from the legal description, this warrants further investigation.

Any red flags should be discussed with your notary immediately. Some are minor and easily resolved; others are deal-breakers.


Timeline: How Long Does It Take?

Plan for 2 to 4 weeks from the date of order to receiving the completed certificate of location. During busy real estate seasons (spring and fall), surveyors’ schedules fill up — it can take longer.

Sellers: Order early. As soon as you decide to list your property, contact a surveyor. Don’t wait for an accepted offer.

Buyers: Your promise to purchase should include a condition allowing you to review the certificate of location. Make sure you have sufficient time in the condition period to receive and review the document before waiving conditions.


Frequently Asked Questions

Q: What happens if the seller can’t provide a certificate of location?
Under Article 1719 of the Civil Code of Quebec, the seller is legally obligated to provide one. If they cannot, the buyer can either wait for a new one to be produced (at the seller’s expense) or, in some circumstances, negotiate a price reduction. Your notary and broker will advise on the best path forward.

Q: Can I use the certificate of location from when the current seller bought the property?
Yes — if it’s less than 10 years old and no significant changes have been made since it was issued. Your notary will review its date and contents and determine whether it’s still current and valid for the transaction.

Q: What if the certificate reveals an encroachment?
It depends on the nature and extent of the encroachment. Minor encroachments (e.g., a fence a few centimetres over the line) are often resolved with a neighbourly agreement. More serious encroachments — a structure substantially on a neighbouring lot — may need to be resolved before closing or may need to be reflected in the purchase price.

Q: Does a clean certificate of location mean the property has no issues?
Not necessarily. The certificate covers physical and regulatory compliance but doesn’t address issues like soil contamination, unpermitted interior work, or structural defects. That’s why other due diligence steps — inspection, title search, etc. — are equally important.

Q: Who keeps the certificate of location after closing?
Your notary will retain a copy in the transaction file, and you should receive a copy as part of your closing documents. Keep it — you’ll need it when you eventually sell the property.


Work With Experts Who Know the West Island Market

Whether you’re buying your first home or selling a property you’ve owned for decades, understanding the certificate of location Quebec law requires is part of protecting yourself in the transaction. It’s not bureaucratic paperwork — it’s your legal protection.

The Elite Real Estate Group team works with buyers and sellers across the West Island, including Pointe-Claire, Beaconsfield, and Dollard-des-Ormeaux. We help you navigate every step of the process — including ensuring all the right documents are in order before you sign anything.

Ready to buy or sell? Contact the Elite Real Estate Group team today — we’ll guide you through the process with zero fluff and maximum results.