Is your certificate of localisation valid?
In principle, a certificate of localisation is valid as long as it reflects the current state of the property, for a maximum period of ten years. A vital document in real estate transactions, this certificate must be provided by the seller.
“Since standards of practice for surveyors and legislative requirements change, it is preferable to check the validity of your certificate of localisation with the notary handling the transaction as soon as possible. This will prevent unpleasant surprises and delays in officialising the sale,” advises Elena Maria Bejan, a notary at DuProprio.
If any changes have been made to the property, its lot number or the laws and by-laws in your municipality, there is a good chance that a new certificate will be needed. In any case, it is the notary who will determine if that is necessary.
Current state of the premises
For a certificate of localisation to accurately demonstrate the current state of the premises, no changes can have been made to the property since the document was produced. For example: the size of the building, the pool, the shed, the exterior cladding, the windows, the balconies and even the fences must not have been changed, moved or removed. Everything must be identical to the certificate of localisation you have in hand.
Moreover, the lot number indicated on the certificate of localisation must not have changed. Starting in the late 90s, the Ministère des Ressources naturelles et de la Faune du Québec, which is in charge of the Registre foncier du Québec, began a cadastral reform.
All properties in Quebec are being reassessed and have been or will be given a new lot number in the millions (e.g. 1 234 567). From now on, each property in Quebec will have a unique number, to make it easier to locate.
Therefore, if a certificate of localisation bears an old lot number and the cadastral reform was carried out in the municipality after the certificate was issued, the document is no longer valid.
Laws and by-laws
When surveyors produce a certificate of localisation, they check the laws and by-laws in effect in that municipality. These may have changed since. It is therefore important to have an up-to-date document.
Lastly, the cost of having a certificate of localisation drawn up will vary by type of property and region.