Guarantee Plan

For New Residential Buildings

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Coverage provided

If your contractor fails to comply with the legal or contractual obligations covered by the Guarantee Plan for New Residential Buildings, you're protected. How?

To begin with, some coverage is applicable before acceptance of your home, while other coverage is applicable after acceptance. In each case, maximum benefit amounts have been set out.

Costs covered before and after

The Guarantee Plan covers, either before or after the reception of the building:

  • Relocation (including room and board), moving, and storage of your property, in one the following cases:

    • You cannot live in your home or your condo while the corrective work is being carried out.
    • The contractor did not deliver the building on the date agreed upon with you and partial payments were not reimbursed by the contractor or the plan manager.
    • You are unable to declare acceptance of your building on the date agreed upon with the contractor because the plan manager must complete the work left unfinished by the contractor.

  • Restoration of the building and repair of material damages caused by the corrective work.

Be vigilant!

Be constantly vigilant so that you do not lose your guarantee for the completion of the work and the repair of any defects or poor workmanship!

Before acceptance of the building

Coverage is provided for both the sales contract and the job contract.

Applicable coverage before acceptance of the building
Your sales contract covers: Your job contract covers:
partial payments made
OR
the completion of the work, where you are the holder of the ownership titles, meaning that you have signed the sales contract for your home before a notary, on the condition that there is no unjustified profit on your part.
partial payments made, on the condition that there is no unjustified profit on your part
OR
the completion of the work, on the condition that there is no unjustified profit on your part.

After acceptance of the building

Repair of defects is covered by the Guarantee Plan if you declare them within the deadlines you have to respect depending on their nature. You have to declare the defects to both the contractor and the plan manager.

Deadlines to declare defects
Nature of the work Deadlines for a house Deadlines for a condo

Completion of work

Covered if declared in writing in the RBQ inspection checklist you completed at the time of acceptance with your contractor.

If you have not moved in on the day of acceptance, you have within 3 days after acceptance to declare the work to be completed.

For the private portion, completion of the work is covered if declared in writing in the RBQ inspection checklist you completed at the time of acceptance with your contractor.

If you have not moved in on the day of acceptance, you have within 3 days after acceptance to declare the work to be completed.

For the common portions, completion of the work is covered if declared in writing by the building professional at the time of acceptance of the common portions.

Note: there can’t be acceptance of the common portions if there is work other than minor work to be completed. If major work is left, it is recommended not to sign the acceptance document of your building.

Apparent defects or poor workmanship

Covered if listed and declared in writing the RBQ inspection checklist you completed at the time of acceptance with your contractor.

If you have not moved in on the day of acceptance, you have within 3 days after acceptance to declare in writing the defects and poor workmanship.

For the private portion, you have within 3 days after acceptance to declare defects and poo workmanship.  

For the common portions, you and the co-owners’ syndicate must send your claim in writing to the contractor, with a copy to the plan manager, within a reasonable amount of time following the date of the end of the work agreed at the time of acceptance.

Existing but non-apparent poor workmanship

Covered if existing at the time of acceptance of your house, but discovered within 1 year following the acceptance.

You must inform in writing both the contractor and the plan manager within a reasonable amount of time.

Covered if existing at the time of acceptance of your condo (private portion and common portions), but discovered within 1 year following the acceptance.

You must inform in writing both the contractor and the plan manager within a reasonable amount of time.

Latent defects

Covered if discovered and declared within 3 years after acceptance of the house.

You must inform in writing both the contractor and the plan manager within a reasonable amount of time.

Covered if discovered and declared within 3 years after acceptance of the condo.

You must inform in writing both the contractor and the plan manager within a reasonable amount of time.

Faulty design, construction, or production, or the unfavourable nature of the ground

Covered if it becomes apparent within 5 years following the end of the work of your house.

These defects must be declared in writing to the contractor and to the plan manager within a reasonable amount of time after their discovery or appearance, or in the case of gradual defects or losses, after their first significant manifestation.

Covered if it becomes apparent within 5 years following the end of the work of your condo (private portion and common portions).

These defects must be declared in writing to the contractor and to the plan manager within a reasonable amount of time after their discovery or appearance, or in the case of gradual defects or losses, after their first significant manifestation.

Urgent and necessary repairs

Do you believe that measures must be taken to ensure the preservation of your new home and prevent further damage? You have the right to require the contractor or the plan manager to perform this work, and you may exercise this right at any time throughout the duration of your coverage.

If you find yourself in a situation where you need to have these necessary and urgent preventive repairs done yourself, you can make a claim later for reimbursement from both the contractor and the plan manager by following the appropriate procedures.

Two copies please!

In order to be eligible for all applicable coverage after acceptance of your home, you must submit your claim in writing to the contractor and send a copy to the plan manager within a reasonable amount of time following the date of the end of the work (agreed with your contractor at the time of the pre-acceptance inspection and recorded on the checklist you completed during this inspection).

PROTECT YOURSELF!

The coverage and benefits provided are described in detail in the guarantee contract you received and in the Regulation respecting the guarantee plan for new residential buildingsThis link leaves Guarantee Plan for New Residential Buildings Website..

Read it carefully. It’s about your rights!