{"id":86575,"date":"2021-06-21T10:26:01","date_gmt":"2021-06-21T14:26:01","guid":{"rendered":"https:\/\/formationconstruction.com\/uncategorized\/renovations-flips-immobiliers-and-rbq-license\/"},"modified":"2022-10-31T09:24:25","modified_gmt":"2022-10-31T13:24:25","slug":"renovations-flips-immobiliers-and-rbq-license","status":"publish","type":"post","link":"https:\/\/formationconstruction.com\/en\/articles\/renovations-flips-immobiliers-and-rbq-license\/","title":{"rendered":"RENOVATIONS (FLIPS IMMOBILIERS) AND RBQ LICENSE"},"content":{"rendered":"
If you want to perform real estate flips, you must have an RBQ license.<\/p>\n
Indeed, since your goal is to make a profit, you are considered a construction contractor and you must have a license.<\/p><\/blockquote>\n
<\/p>\n
House or condo intended to be sold<\/h3>\n
You must have a contractor’s license to\u00a0 :<\/p>\n
\n
- buy a house or a condo, renovate it, then sell it<\/li>\n<\/ul>\n
<\/p>\n
<\/p>\n
The 2018 amendments to the Building Act give the RBQ the powers it needs to fully contribute to the fight against fraudulent practices and corruption in the construction industry.<\/p>\n
<\/p>\n
Objective of certain amendments to the Building Act<\/h3>\n
Establish a presumption to facilitate the intervention of the RBQ in matters of speculative renovation (flip).<\/p>\n
<\/p>\n
Speculative renovation (flip)<\/h3>\n
\n(Article 8 of the Building Act)<\/h5>\n
\nIs presumed to be an entrepreneur, the person:<\/span><\/p>\n
1 \u00b0\u00a0\u00a0<\/span><\/span> who offers for sale or in exchange a building or a civil engineering work, unless it proves that the construction work of this building or work was not carried out for the purpose of sale or exchange;<\/span><\/div>\n2 \u00b0\u00a0\u00a0<\/span><\/span> who undertakes new construction work within two years from the date of issue by a municipality of the construction permit for the previous work or, in cases where no permit has been issued, from the date of start of the first works.<\/span><\/div>\n<\/div>\n\n<\/div>\n1985, c. 34, a. 8;\u00a0 1991, c. 74, a. 7;\u00a0 2018, c. 13,\u00a0 at. 3.<\/p>\n<\/div>\n<\/blockquote>\n
<\/div>\n<\/div>\n\nThis modification aims to broaden the presumption of entrepreneur in order to facilitate the intervention of the RBQ against people who act as entrepreneurs without holding a license.<\/p>\n
<\/p>\n<\/div>\n
<\/p>\n
Example:<\/p>\n
The RBQ realizes that you are buying and renovating\u00a0 houses to sell and make a profit without having to have a license. Within the meaning of the law, since you build houses yourself or buy and renovate them for the purpose of selling them, you are considered an entrepreneur.<\/p>\n
You must therefore have a license.<\/p>\n
Thanks to this broadening of the presumption of entrepreneur, the RBQ will be able to intervene more easily.<\/p>\n
<\/p>\n
<\/p>\n
Definition of * construction work<\/h3>\n
Foundation, erection, renovation<\/strong>, repair, maintenance, modification or demolition of a building, of equipment intended for public use, of an installation not attached to a building, of a petroleum equipment installation or of ” a civil engineering work carried out on the site of the site and on the job, including the preliminary land development work.<\/em><\/p>\n
<\/p>\n
To carry out or cause to be carried out * construction work<\/strong> , you must not only hold a license from the R\u00e9gie du b\u00e2timent du Qu\u00e9bec (RBQ), but also:<\/p>\n
\n
- hold the correct license sub-category (s)<\/li>\n
- ensure that the subcontractor performing the work also has the correct license subcategory (s)<\/li>\n<\/ol>\n
Failure to comply with these rules can lead to very costly fines, since this failure is comparable to working without a license.<\/p>\n
<\/p>\n
<\/p>\n
AMOUNT OF FINES ACCORDING TO THE TYPE OF OFFENSE AND THE PERSON COMMITTING THE OFFENSE – 2021<\/h3>\n
<\/p>\n
Offense committed by\u00a0 Physical person<\/a>\u00a0 (individual)<\/strong><\/p>\n
Wrong category or sub-category from $ 5,902 to $ 29,504<\/p>\n
Unlicensed work from $ 11,803 to $ 88,515<\/p>\n
<\/p>\n