Blog · Sell
Certificate of location: when does it need to be redone before selling?
In Québec, the promise to purchase generally provides that the seller supply a certificate of location describing the current state of the property. It needs to be redone if it is more than 10 years old, or if work or changes have occurred since: fence, hedge, driveway, extension, shed, pool, zoning. Have it checked by a land surveyor before listing.
What a certificate of location is for
The certificate of location is a document prepared by a land surveyor. It describes the situation of your property in relation to its titles, the cadastre, municipal by-laws and the servitudes that affect it. For the buyer, their lender and the notary, it is the official snapshot of what they are buying and financing.
That is why the promise to purchase generally provides that the seller supply a certificate reflecting the current state of the property, not its state on the day it was prepared.
The situations that call for a new certificate
Your certificate probably needs to be redone if one of these situations applies:
- It is more than 10 years old.
- A fence or a hedge has been added or modified.
- A retaining wall has been built or modified.
- The driveway has been added or modified.
- The main building has been enlarged or altered.
- An accessory structure has been added: shed, garage, pool, porch.
- A legal change affects the property, for example a cadastral renovation or an amendment to the zoning by-law.
If you answered yes to any of these questions, your current certificate may not meet your obligations as a seller under the Civil Code of Québec.
Why check it before listing
An outdated certificate discovered after a promise to purchase has been accepted puts the transaction under pressure: surveyors' lead times vary with the season, and the notary cannot close without a compliant document. Checking it as soon as you decide to sell keeps a technical detail from delaying the signing or weakening the negotiation.
At the first meeting, we review your certificate with you. If it needs to be redone, we refer you to a land surveyor even before the property goes on the market.
Frequently asked questions
Who pays for the certificate of location in a sale?
In most transactions, the seller does: the standard promise to purchase provides that the seller supply a certificate reflecting the current state of the property. Your broker reviews this clause with you before signing.
Is a certificate of location less than 10 years old always valid?
Not necessarily. Age is only one criterion: a fence, a hedge, a shed, a pool or an extension completed since it was prepared can make it incomplete, even if it is recent.
When should you order a new certificate of location?
As soon as the decision to sell is made. Land surveyors' lead times vary with the season, and a late certificate can delay the signing at the notary's office.