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Regulation and legal framework

Certificate of location

Français : Certificat de localisation

Legal document prepared by a land surveyor describing a property's situation regarding cadastre, easements, and municipal regulations. Required by the lender and notary.

Definition

The Certificate of Location is a legal document prepared in Québec by a land surveyor member of the Ordre des arpenteurs-géomètres. It describes precisely the current situation of a property: cadastral boundaries, buildings, encroachments, easements, compliance with municipal zoning and urban-planning rules, and above- and below-ground plans.

It is required almost systematically by the mortgage lender and the notary in any real-estate transaction (sale, purchase, refinance). A valid certificate must be sufficiently recent (generally less than 10 years) and reflect the current situation — any physical change (extension, pool, shed) after issuance can render it obsolete.

The seller has a contractual obligation to provide a current certificate to the buyer. If the certificate is too old or non-compliant, two options: (1) the seller commissions a new one (CA$1,200-2,500, 4-8 weeks in Québec), or (2) the buyer takes out "title insurance" covering the risks of an outdated certificate (CA$300-800). The notary leads this choice.

Official sources

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This definition is provided for informational purposes only and does not constitute legal, tax, or financial advice. For a personal situation, consult an AMF-licensed mortgage broker, notary, accountant, or the relevant financial institution.