Guarantee Plan

For New Residential Buildings

Vous êtes ici :
  1. Home
  2. Lexicon

Lexicon

A

Acceptance of the building (house)

The act by which you declare that you accept the building, which is ready to be used for its intended purpose. This act indicates, if necessary, work to be completed or corrected.

Acceptance of the common portions (condo)

The act, a copy of which is sent to every known beneficiary (co-owner), to the syndicate of co-owners, and to the contractor, by which a building professional chosen by the syndicate declares the date of the end of the work on the common portions, subject, if applicable, to minor work (see below) to be completed, which they have indicated. This declaration takes place following the reception of a notice of the end of work sent by the contractor to every known beneficiary (co-owner) and to the syndicate of co-owners, once it has been formed and is no longer under the contractor’s control. In the case of phased co-ownership, the acceptance and the declaration take place at the end of work on each of the buildings.

Acceptance of the private portions (condo)

The act by which you declare acceptance of your private portion, which is ready to be used for its intended purpose. This act indicates, if necessary, work to be completed or corrected.

Actual expense

Exact amount of an expense once it is paid. 

B

Beneficiary (co-owner) (condo)

You, or any person who enters into a contract with a contractor for the sale or construction of a new residential building covered by the guarantee. In the case of a building held in divided co-ownership, the syndicate of co-owners, as a representative of the co-owners, is the beneficiary for the construction of the common portions.

Beneficiary (house)

You, or any person who enters into a contract with a contractor for the sale or construction of a new residential building covered by the guarantee.

Building (condo)

The building itself, including the installations and equipment necessary for its use, specifically, the artesian well, connections with municipal or government services, the septic tank and its absorption field and the subsoil drain.

Building (house)

The building itself, including the installations and equipment necessary for its use, specifically, the artesian well, connections with municipal or government services, the septic tank and its absorption field and the subsoil drain.

Building professional

An architect, engineer, or technologist, who is a member of a professional order and who has been trained in the area of engineering or construction.

C

Common portions (condo)

Areas that are considered to be the pro­perty of all of the co-owners and that, for the application of the Regulation, make up part of the building. Certain of these common portions can, however, be used exclusively by one beneficiary (co-owner).

Common trade practices (condo)

All recognized, approved, or sanctioned construction techniques and practices. These practices are of an evolutionary nature since construction methods, equipment, and materials are constantly evolving. They are described, in particular, in the following documents:

  • Instructions or guides furnished by the manufacturers of equipment or materials used in the construction of buildings
  • Standards published by standardization organizations
  • Laws or regulations containing mandatory instructions related to the structure to be built
  • Scientific or technical publications that are used in teaching professions or trades, or that are used to disseminate the most up-to-date knowledge
Common trade practices (house)

All recognized, approved, or sanctioned construction techniques and practices. These practices are of an evolutionary nature since construction methods, equipment, and materials are constantly evolving. They are described, in particular, in the following documents:

  • Instructions or guides furnished by the manufacturers of equipment or materials used in the construction of buildings
  • Norms or standards published by standardization organizations
  • Laws or regulations containing mandatory instructions related to the structure to be built
  • Scientific or technical publications that are used in teaching professions or trades, or that are used to disseminate the most up-to-date knowledge
Completion of work (condo)

The completion of work related to the building and provided for in the original contract, and the completion of extra work agreed in writing between you and the contractor that remains outstanding.

Completion of work (house)

The completion of work related to the building and provided for in the original contract, and the completion of extra work agreed in writing between you and the contractor that remains outstanding.

D

Defects or poor workmanship (condo)

Work that is poorly done or not carried out properly according to applicable norms. These norms can be found in the contractual conditions and in common trade practices (see above). These defects in workmanship are minor and therefore differ from latent defects and faulty design, construction or production of the work. If they are apparent, they must be identified in the document that you fill out at the time of the pre-acceptance inspection of your condo.

Defects or poor workmanship

Work that is poorly done or not carried out properly according to applicable norms. These norms can be found in the contractual conditions and in common trade practices (see above). These defects in workmanship are minor and therefore differ from latent defects and faulty design, construction or production of the work. If they are apparent, they must be identified in the document that you fill out at the time of the pre-acceptance inspection of your home.

End of work (house)

The date on which all of the work related to your building and agreed upon in writing between you and the contractor is completed and the building is ready to be used for the purpose for which you intended it.

End of work on the common portions (condo)

The date on which all of the work related to the common portions of the building and agreed in writing between you and the contractor is completed, and the building is ready to be used for its intended purpose.

End of work on the private portions (condo)

The date on which all of the work related to the private portion of the building and agreed in writing between you and the contractor is completed or, at the latest, the date of the end of work on the common portions.

F

Faulty design, construction, or production of the work, or the unfavourable nature of the ground (condo)

Serious defects, apparent or not at the time of acceptance of your condo, affecting the solidity of the building or causing serious risks. 

Faulty design, construction, or production of the work, or the unfavourable nature of the ground (house)

Serious defects, apparent or not at the time of acceptance of your home, affecting the solidity of the building or causing serious risks.

G

Guarantee Plan Managers

A manager is a legal person authorized by the RBQ to manage a Guarantee Plan. It guarantees the performance of a contractor's legal and contractual obligations, wich result from a contract made with a beneficiary. It is governed by the Regulation respecting the guarantee plan for new residential buildings.

Since January 1, 2015, a new Regulation has come into force, under which only a non-profit organization (NPO) is authorized to manage a Guarantee Plan. La Garantie de construction résidentielle (GCR) is the new Guarantee Plan Manager from now on.

However, the former Managers are continuing their operations for the current guarantee certificates, until they are extinguished. These Managers are:

  • La Garantie Abritat inc.
  • La Garantie habitation du Québec inc. (Qualité Habitation)

Remember that contractors who can offer this Guarantee Plan must hold a construction contractor's licence that covers subclass 1.1.1 or 1.1.2.

J

Job contract (condo)

A contract signed between you and a general contractor for the construction of a building on a piece of land that you already own.

Job contract (house)

A contract signed between you and a general contractor for the construction of a home on a piece of land that you already own.

L

Latent defect (condo)

Serious, non-apparent defect in construction that dates back to before acceptance of your condo but that was unknown to you at the time of that acceptance. These defects must be declared in writing to the contractor and to the plan manager within a reasonable amount of time.

Latent defect (house)

Serious, non-apparent defects in construction that date back to before acceptance of your home but that were unknown to you at the time of this acceptance. These defects must be declared in writing to the contractor and to the plan manager within a reasonable amount of time.

M

Manager of the guarantee plan

A manager is a legal person which is authorized by the RBQ to manage a guarantee plan. It guarantees the performance of the legal and contractual obligations of a contractor arising from a contract entered into with a beneficiary. This manager is subject to the Regulation respecting the guarantee plan for new residential buildings.

Three (3) RBQ-authorized organizations have the responsibility of managing the guarantee plan for new residential buildings:

  • the Garantie Qualité Habitation du Québec Inc. (manager of the Qualité Habitation guarantee);
  • the Garantie des bâtiments résidentiels neufs Inc. (manager of the new houses guarantee of the APCHQ);
  • the Garantie Abritat Inc.

The contractors in a position to offer this guarantee plan must hold a building contractor licence including the subclass 1.1.1 or 1.1.2.

Minor work (condo)

Small-scale finish work, such as the installation of a light fixture or a missing piece of hardware.

Model co-ownership unit, or "condo" (condo)

A co-ownership unit in a building held in divided co-ownership that has no buyer at the time of the end of work on the common portions.

Model home (house)

A building that has not been purchased by the end-of-work date.

P

Private portions

A private portion is the part possessed by one of the co-owners. It can consist of several storeys or mezzanines: a co-ownership could then include 4 private portions stacked one above the other of many storeys each.

R

Reasonable amount of time (condo)

According to the majority of arbitration decisions and court rulings, a reasonable amount of time means a period that should not exceed six months, except in exceptional circumstances. 

Reasonable amount of time (house)

According to the majority of arbitration decisions and court rulings, a reasonable amount of time means a period that should not exceed six months, except in exceptional circumstances.

S

Sales contract (condo)

A contract signed between you and a gene­ral contractor for the purchase of the building site and the construction of your private portion.

Sales contract (house)

A contract signed between you and a gene­ral contractor for the purchase of the building site and the construction of your home.

U

V