The certificate of location
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Emmanuel Paquin
- 4 November 2021
- Uncategorized
- 0
This document, produced by a land surveyor, illustrates the current state of a property and provides essential information about it.
Who should provide and pay for this certificate?
The standard is that the seller provides the certificate of location. This norm is standard in most purchase offers found on the market, and notably in those of the OACI (Organisme d’autoréglementation du courtage immobilier du Québec): “The seller will provide the buyer with his title of acquisition as well as a certificate of location describing the current state of the immovable and, if applicable, reflecting any cadastral renovations; any new certificate will be at the expense of the buyer if it does not reveal any modification in relation to the previous certificate.”
Why should I order a new certificate of location?
The certificate of location must demonstrate the current state of the property. Although each case is a specific case, it is possible to note that the following events require the production of a new certificate of location:
- The sale of a portion of land since the old certificate of location,
- The old certificate of location states that the building is under construction ,
- The extension of the building or of an outbuilding (eg: terrace or balcony),
- The addition of a garage, swimming pool, shed (not mobile), etc …
- A subdivision or new numbering of the building.
- The cadastral reform made all the old certificates obsolete
Other situations may justify the request by the acting notary for a new certificate of location.
If there is no change, the certificate of location is good. For minor changes, it is always possible to have the certificate accepted by your creditor or the purchaser of your property, but for the latter, this is at its sole discretion. The purchaser is always entitled to obtain a certificate which reflects the exact situation of the property.
How long is the certificate valid for?
To consent to a new one mortgage , some creditors require a new certificate of location if it is more than 5 years old. It depends on the institution, the banker, your file and the buyer. If your banker tells you that the notary will decide on the validity of the certificate, know that the latter will apply the most severe standard of the financial institution and the order of notaries.
Title insurance
Finally, most financial institutions now accept that the customer takes out title insurance (cost between $ 130 and $ 300) rather than having a new certificate made. However, it is important to be well informed about what this insurance covers and the relevance of it.
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