Guarantee Plan for New Residential Buildings

The buyer of a new building benefits from certain guarantees that protect him or her from the actions of the contractor and from certain problems that may arise following the purchase.

The Guarantee Plan for New Residential Buildings offers the buyer protection in the event that the contractor with whom the buyer is doing business does not fulfil his or her obligations. Buyers of an eligible new building are automatically covered by the Guarantee Plan if they do business with a general contractor who holds the appropriate licences.

Protection from design and production defects and defects in the ground, which are covered by the Guarantee Plan, lasts five years and starts as of the completion of the work. Other Guarantee Plan coverage starts at the time of the acceptance of the building (see definitions), provided the building is accepted within 24 months of the date on which the work ends. As long as the Guarantee Plan has not expired, it is transferable to any new buyer.

Garantie de construction résidentielle is an independent non-profit body that has been responsible for managing the Guarantee Plan for the entire province since January 1, 2015. However, for sales contracts signed and construction work started before January 1, 2015, the Guarantee Plan’s authorized managers are  de construction résidentielle is an independent non-profit body that has been responsible for managing the Guarantee Plan for the entire province since January 1, 2015. However, for sales contracts signed and construction work started before January 1, 2015, the Guarantee Plan’s authorized managers are La Garantie Abritat Inc. and La Garantie Habitation du Québec Inc.

Guarantee Contract and Building Inspection

1. The contractor must supply the buyer with a guarantee contract outlining the coverage to which the buyer is entitled and the remedies available. Garantie de construction résidentielle must send the buyer a document explaining the application of the Guarantee Plan.
2. Prior to the acceptance of the building, the buyer must carry out an inspection with the contractor. The inspection should be based on a list of points established by the . (The contractor provides the buyer with this list.)
3. Following the inspection, the buyer is given 3 days to complete the list if he or she has not yet moved into the building.

Remedy in the Event of a Problem
If the problem is covered by the Guarantee Plan, you can file a claim. The procedure and the types of claims that can be filed vary depending on the time at which the problem arises (before or after delivery).

Building
The building itself, including the installations and equipment necessary for its use, specifically an artesian well, connections with municipal or government services, a septic tank and its absorption field and the subsoil drain

Completion of the work
Work related to the building and provided for in the original contract, and any additional work agreed to in writing between the beneficiary and the contractor which remains to be done

Acceptance of the building
The act whereby the beneficiary declares that he or she accepts the building which is ready to be used for its intended purpose and which indicates any work to be completed or corrected

Defect or poor workmanship
Work that is poorly done according to the standards in force. Such performance defects are minor and therefore distinguished from latent defects and instances of faulty design, construction or production

Clientele
General public.

Buildings Covered by the Guarantee Plan
The following types of new buildings qualify for coverage under the Guarantee Plan:

• Buildings not held in divided co-ownership
• Detached, semi-detached and row-type single-family dwellings
• Multifamily buildings, from duplexes to quintuplexes
• Buildings held in divided co-ownership
• Detached, semi-detached and row-type single-family dwellings
• Multifamily buildings comprising no more than 4 private portions stacked one above the other (4 stacked units in a building held in co-ownership) 
• Prefabricated homes, where one of the following conditions is met: 
• the sales contract with the manufacturer includes complete installation
• the sales and installation contract is entered into with a general contractor accredited by Garantie de construction résidentielle
• the sales contract is entered into with a manufacturer of prefabricated homes and the installation contract is entered into with a general contractor (in this case, only the installation is covered by the Guarantee Plan)

Buildings Not Covered by the Guarantee Plan
The following buildings are not covered by the Guarantee Plan:

• Houses built by the owner (alone or with employees or sub-contractors)
• New buildings with over 4 private portions stacked one above the other
• Converted buildings (e.g., a factory converted into apartments held in co-ownership)

Coverage and benefits are described in the guarantee contract and in the Regulation respecting the Guarantee Plan for New Residential Buildings.

The Gurarantee Plan for New Residential Buildings was introduced on January 1, 1999. 

• Required Reading for Informed Adults: Guarantee Plan for New Residential Buildings – Condo (PDF, 5.69 MB)
• Required Reading for Informed Adults: Guarantee Plan for New Residential Buildings – House (PDF, 4.96 MB)

Regulation respecting the Guarantee Plan for New Residential Buildings, CQLR, chapter B-1.1, r. 8