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Construction of a building in order to resell each of the condos, the impact of the 4 superimposed private parts on the RBQ 1.1.2 license

Take the case of John who wants to build a building of 6 condos and sell them individually.

He wants to know which subclass of general contractor he should hold.

We understand that John:

Wish to build a building including 6 condominiums

Will offer each of these units for sale.

John is therefore considered a real estate developer and a real estate developer must hold a general contractor’s license appropriate to the type of buildings he is constructing (or having constructed) and offering for sale.

In order to answer his questions, we must understand what is meant by “divided property”. The Chamber of Notaries defines “divided property” as follows on their website:

“We say that a building is held in divided co-ownership when it is“ split ”into two or more fractions. Each fraction can belong to one or more people. The best-known example of divided co-ownership is the building housing condos. ” ( http://www.cnq.org/fr/immobilier/42-quest-ce-que-la-copropriete-divise-.html )

With this information, you now understand that the following sentence “a multi-family building from the duplex to the quintuplex (15), not held in divided co-ownership” is addressed to a multi-family building such as an apartment building.

The subclass 1.1.1 is therefore not suitable for the construction of a condo building.

If the condo building has more than 4 private areas superimposed , he must hold a contractor’s license of the subclass 1.3 – Building contractor of all kinds.

If the condo building has 4 private areas stacked or less, he must then hold the subclass 1.1.2 – Contractor in new residential buildings covered by a guarantee plan, class II.

We invite you to carefully read the description of the authorized work for each of the license subclasses using the following links.

1.1.1 NEW RESIDENTIAL BUILDINGS COVERED BY A GUARANTEE PLAN, CLASS I

1.1.2 NEW RESIDENTIAL BUILDINGS COVERED BY A GUARANTEE PLAN, CLASS II

1.3 BUILDING CONTRACTOR ALL KIND

Official texts have legal value in the event of a dispute.

Source: RBQ

22 August 2023

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