Note to the reader — The content of this article is based on our understanding of the laws and interpretive documents issued by the Government of Québec. It is provided for general information purposes only and must not be construed as legal advice, a legal consultation, or a professional opinion.
By Luc Munier, Analyst – Municipal Regulations and Inspection
As of April 1, 20261, every municipality must have adopted a By-law on the maintenance and occupancy of buildings, in accordance with sections 145.41 to 145.41.7 of the Act respecting land use planning and development (ALUPD) (CQLR, c. A‑19.1).
This by-law must, at a minimum:
- apply to buildings listed in the MRC’s built heritage inventory, as well as those that are designated or located within a designated heritage site;
- include standards aimed at preventing building deterioration, ensuring protection against the elements, etc.;
- provide for a procedure applicable in the case of a poorly maintained building, including, in particular:
- the registration of a notice of deterioration in the land register;
- authorization by the Superior Court for the municipality to carry out the work at the owner’s expense, secured by a legal hypothec on the immovable;
- a framework for the terms under which the municipality may acquire the property in certain cases, including by mutual agreement or by expropriation.
The By-law on the maintenance and occupancy of buildings may be considered an extension of the construction by-law and may be incorporated into it as a chapter or section, for example. It may also regulate the materials to be used, their method of assembly, and set standards for strength, sanitation, safety, or insulation applicable to any construction. Certain standards for the maintenance of structures or relating to their replacement/modification could, where applicable, be specified in greater detail in the by-law on the occupancy and maintenance of immovables rather than in the construction by-law. Lastly, the allocation of standards contained in the construction by-law and those contained in the by-law on the occupancy and maintenance of immovables could be reviewed accordingly, with possible links between the two.
Have you not yet adopted this by-law? APUR can support you both in drafting it and throughout the adoption process. We invite you to contact us via our form here Contact APUR | Urban planning, municipalities and territories .
- This obligation stems from the amendments made to the Act respecting land use planning and development by the Act to amend the Cultural Heritage Act and other legislative provisions (Bill 69), adopted on March 25, 2021. ↩︎