Residential building inspections: Two new regulations
Following the granting of new regulatory powers to the Régie du bâtiment du Québec by the Québec Government in 2019, two regulations pertaining to residential building inspections have been published in anticipation of their potential coming into force. Here is a summary of the regulations in their current form:
Regulation respecting the regulation of residential building inspections
Approved by the Québec Government on February 28, 2024, this regulation defines the new rules governing the professional practice of residential building inspections as of October 1, 2024. As of that date, there will be a three-year transition period during which active inspectors will be able to continue working without the certificate issued by the Régie du bâtiment du Québec, or to obtain one on a voluntary basis by passing the refresher training course.
As of October 1, 2027, anyone working as a residential building inspector will have to hold such a certificate.
The provisions of the regulation include:
- Different certificate categories (categories 1 and 2)
- The terms and conditions for issuing, amending or renewing a certificate
- The obligation to have professional liability insurance covering faults, errors or omissions
- The minimum content of the residential building inspection service contract
- The obligation to comply with the requirements of the BNQ 3009-500 standard at each step of an inspection covered by this standard, which sets out the form, the essential information and the mandatory content of the inspection report
Finally, R.B.Q. certificate holders must avoid placing themselves in a conflict of interest. If a conflict of interest appears, they must disclose it in writing to their clients and obtain their clients' approval to continue the mandate in full knowledge of the facts.
OACIQ licensees who provide a list of building inspectors will be able to fulfil their professional obligations, notably by recommending holders of a certificate issued by the Régie du bâtiment du Québec, since these holders meet the four essential requirements of section 81 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.
However, since active inspectors have the option of continuing their professional activities until September 30, 2027 without this certification, i.e. without necessarily having to comply with these essential requirements, real estate brokers will have to pay particular attention to the compliance of those who are recommended to ensure that they meet their professional obligations.
Regulation respecting the regulation of the obligation to inspect residential buildings (to be adopted)
This draft regulation should come into force on October 1, 2025. It will introduce the obligation, for a person wishing to purchase a building aged 25 years or more, to have it inspected in advance by a residential building inspector holding a certificate from the Régie du bâtiment du Québec.
Any promisor-buyer in this situation, whether represented or not, must include in his promise to purchase the inspection clause provided for in the regulation He must also send the seller, within 20 days of its acceptance, a document signed by the inspector in which the latter confirms that he conducted the inspection and submitted an inspection report to the promisor-buyer.
Note that a list of exemptions to be confirmed is provided (e.g. redemption between undivided co-owners) where it will be possible to waive the inspection in writing by filling out a form to that effect after acceptance of the promise to purchase and no later than the following 20 days.
The OACIQ will remain on the lookout for any developments relating to these new provisions and their impact on the obligations and responsibilities of licensees. New publications will be communicated to you in this regard when they come into force.
