The certificate of location in a real estate transaction

The certificate of location is one of the documents you need to look at before buying a property. It will help you avoid unpleasant surprises before the transaction has been completed.

Buying a property is a significant investment. Before signing the deed of sale, it is essential to make sure that everything is in order so that you do not regret your choice a few months later. In order to do this, you need to have all the necessary documents attesting to the condition of the property.

This is where the certificate of location comes in. Here is everything you need to know about it.

What is a certificate of location?

The certificate of location is a document consisting of a report and a plan, in which the land surveyor expresses his professional opinion on a property. It shows the current condition of the property by providing information on:

• Occupancy;
• Titles deeds;
• Cadastre;
• Laws and regulations that may affect it.

It is important to know that this is a private document only given to designated parties (buyer, notary, creditor, lawyer, etc.).

Is it mandatory?

The certificate of location is an essential document, and therefore mandatory when buying or selling a house, condo, vacant or built lot, or any other type of property.

As a buyer, it is crucial you take note of the information contained in this document BEFORE proceeding with the transaction. It may have an impact on the value of the property, or prevent expansion or redevelopment projects from being carried out.

Information contained in the certificate of location

As mentioned in the previous section, the certificate of location consists of two distinct parts: a report and a plan.

Among other things, the report must contain the following information:

• Cadastral identification of the property;
• Easements (rights of way, etc.);
• Encroachments;
• Compliance with municipal regulations;
• Risk zones, if applicable (flood zone, landslide area, riparian protection zone, etc.).

As for the plan, it shows:

• The size, shape, and dimensions of the lot;
• Position of house and outbuildings (pool, garden shed, etc.);
• Occupancy markings (hedges, fences, etc.).

The certificate of location is the only document that can provide all the information required to ensure the buyer's security.

How do I obtain a certificate of location when selling a house?

Only a land surveyor can issue a certificate of location. He is therefore the expert to contact when you want to obtain this document.

Although both the seller and the buyer can request one, the Civil Code stipulates that the seller must give the buyer a copy of the certificate in his possession.

However, as the Association professionnelle des notaires du Québec (APNQ) points out, "this obligation lacks precision since the seller could fulfill his obligation by providing a certificate of location prepared 15 years ago, or one that does not show the current situation of the property. This document would be of no use to the buyer.”

If the document provided is several years old or does not demonstrate the current condition of the property, the notary could ask the buyer to obtain a new one.

How long is a certificate of location valid?

The period of validity of a certificate of location is not definitive. No law or regulation renders this document obsolete. It will be presumed as such more or less quickly, depending on what changes were made to the property in question.

However, as the Ordre des arpenteurs-géomètres du Québec (OAGQ) points out, "the lending company or a prudent notary may require a recent certificate showing the current state of the premises."

Despite this lack of regulation, experts generally agree that the lifespan of a certificate of location corresponds to a maximum period of 10 years. This is in line with the 10-year acquisitive prescription stipulated in section 2917 of the Civil Code of Quebec.

If you are uncertain about the validity of the document in your possession, or in the possession of the owner of the house you wish to buy, it is recommended to have a new one produced. That way, you can be sure that it reflects the actual situation of the property, and that you will not run into any unexpected problems.

Production of a new document: possible irregularities

When producing a new certificate of location, the land surveyor's analyses may reveal certain irregularities. Here are a few examples of problematic situations that may be discovered during the surveyor's work:

• Encroachment of a structure onto a neighbouring property;
• Encroachment on an easement;
• Non-compliance with certain municipal by-laws;
• Non-compliance with the visibility triangle (a zone affecting properties located at the corner of two streets, where constructions, fences, hedges, or other structures over 90 centimetres in height are prohibited).

Obviously, you would not want to buy a house with any of these problems. That is why it is essential to make sure your certificate of location is valid.

How long does it take?

In order to provide you with a certificate of location for your home, the land surveyor must visit the site in question to take measurements and record his observations. This visit necessarily entails a delay before you receive the document.

According to the OACIQ, you should generally allow 4 to 6 weeks for its preparation. You should also consider "the fact that the notary must be able to consult it, as with any existing certificate of location, at least 20 days before the signing of the deed of sale".

To avoid further delays, check the certificate of location as soon as possible, and quickly take the appropriate steps with a land surveyor if a new document needs to be produced.

How much does a certificate of location cost in Quebec?

According to the OAGQ's Guide des tarifs suggérés 2024, the cost of obtaining a certificate of location (for a single-family home in an urban area) is around $1,550.00.

For more information on the cost of land surveyor services, see How much does a land surveyor cost?

Who pays for a certificate of location?

In most situations, the promise to purchase stipulates that a new document must be paid for by the buyer if it shows no change from the one submitted by the seller. In the opposite case (if the certificate shows new elements), the seller must pay the fees.

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