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Pre-Acceptance Inspection New Residential Building (Overview)

What is a Pre-Acceptance Inspection?

How does it work?

What are the essential elements you should know!

Keep reading as we have gathered exactly the information that you need!

Let’s dig into our new residential property purchasing guide!

Are you ready?

Let’s get started!

What Is A Pre-Acceptance Inspection 

The “pre-acceptance inspection” (“inspection préréception” as it’s referred to in Quebec) refers to the inspection of a new residential property (condo or house) as per the requirements of the Regulation respecting the guarantee plan for new residential buildings.

What’s important is that before you take possession of your house (or accept it), you must inspect it to ensure that your contractor or builder is delivering the product you expected as per the Preliminary Contract.

Pre-Acceptance Inspection Legal Requirement

In Quebec, further to the Regulation respecting the guarantee plan for new residential buildings, buildings covered by a guarantee plan must be inspected before they are accepted by buyers.

Article 17 of the Regulation states:

Each building covered by a guarantee shall be inspected before it is accepted. The contractor and the beneficiary shall carry out the inspection together, using a pre-established list of items to be checked. 
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Furthermore, with regards to condos having a private portion and a common area, Article 33 of the Regulation states:

Each private portion covered by the guarantee shall be inspected before it is accepted. The contractor and the beneficiary shall carry out the inspection together, using a pre-established list of items to be checked. 
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With regards to the common portions, Article 33 of the Regulation states:

The common portions covered by the guarantee shall be inspected before they are accepted. The contractor, the building professional chosen by the syndicate of co-owners and the latter shall carry out the inspection using a pre-established list of items to be checked. Such list shall be supplied by the manager.
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How Does It Work

To perform a pre-acceptance inspection, your contractor is required to provide you with an inspection checklist outlining the various elements of the property to verify.

Provided that the buyer does not move into the property, he or she will have another three days to complete the inspection checklist or correct any aspects of it.

If any corrections need to be made or if the document gets completed after the actual inspection date, it’s important to ensure you sign the right version of the document.

Once the checklist is completed, if there are any items that have been flagged as unfinished work or defects, the contractor will then have the obligation to correct those defects as per the Regulation.

If you are looking to learn more about your legal rights and obligations with regards to the inspection and delivery of a new home or the legal guarantees, you are advised to consult with a real estate lawyer in Quebec or a qualified attorney in this area.

Pre-Acceptance Inspection Tips

The construction of a new residential real estate property, be it a detached family home or a condo, is a big project.

As a result, if the contractor, subcontractors, vendors, suppliers, employees do not do their job correctly, the buyer may end up with important defects to deal with.

It’s also important to ensure that the material used to build the property is of good quality and in accordance with the contractual agreements entered into by the parties.

Here are some tips allowing you to ensure you do the most optimal inspection of your new home:

  • Make sure you inspect the entire home carefully
  • Verify that all the work you agreed in the contract is performed 
  • Make sure that any extra work you asked from the contractor is inspected 
  • Agree to a time period within which the contractor will complete any identified defects
  • Don’t be afraid to ask questions
  • If you are not familiar with residential buildings, have a licensed inspector accompany you

RBQ Inspection Checklist

In Quebec, the law regulates contractors and property developers in how they conduct the inspection with buyers of new residential properties.

The Régie du bâtiment (RBQ) has adopted an inspection checklist that must be used to perform the per-acceptance property inspection in Quebec.

You have a pre-acceptance inspection checklist for buildings not held in divided co-ownership (new house) and an inspection list for properties held in divided co-ownership (new condo).

Home or Condo Inspection Takeaways 

So what is the legal definition of Pre-Acceptance Inspection?

Let’s look at a summary of our findings.

Understanding Pre-Acceptance Inspection

  • The “pre-acceptance inspection” is required under Quebec laws before a buyer of a new residential property, new condominium or residential home, accepts the delivery of a property from a contractor
  • The pre-inspection process is regulated by law and the buyer and seller of a new property must observe the legal requirements foundational for the guarantees that will ultimately apply to the property 
  • The RBQ has promulgated an inspection checklist before acceptance of a new property and the contractor must use a checklist issued by the RBQ
  • Buyers are recommended to perform a thorough inspection of a property or if they are not comfortable, with the support of a building inspection professional 
Apparent defect
Bilateral contract 
Breach of contract
Building inspector
Civil lawsuit 
Civil lawyer 
Enterprise contract 
Execution in kind 
Latent defect 
Notice of claim 
Property damage
Real estate lawyer 
Régie du bâtiment 
Sale contract
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Breach of warranty
Garantie Construction Résidentielle
Guarantee contract
Guarantee plan
Inexecution of obligation
Legal warranty
Preliminary contract 
Seller’s warranty
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