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ARTICLE · 22 JANUARY 2020

Changes To The Divided Co-Ownership Regime In Québec: Impact On Real Estate Developments

The Québec National Assembly has adopted Bill 16 (Act1), which amends various provisions of the Civil Code of Québec relating to divided co-ownership and adopts measures to protect deposits...

CanadaReal Estate and Construction

The Québec National Assembly has adopted Bill 16 (Act1), which amends various provisions of the Civil Code of Québec relating to divided co-ownership and adopts measures to protect deposits paid by buyers of a unit.

This Act, which was assented to on December 11, 2019, will come into force on January 10, 2020, with some exceptions.

One aspect of the Act that will have a significant impact on real estate development projects in Québec involves deposits and can be summarized as follows:

  • developers must henceforth protect the deposits paid for a unit under divided co-ownership; and
  • the deposit must be returned to the promisor if the unit under divided co-ownership is not delivered on time.

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