Residential construction: When the dream of a new home turns into a nightmare

Buying a new property is often perceived as a guarantee of peace of mind. Yet reality can sometimes be quite different. For many buyers, the discovery of construction defects occurs shortly after the building is delivered, turning a life project into a source of concern and unexpected costs. An article recently published in Le Devoir, entitled “Quand l’achat d’une propriété neuve vire au cauchemar,” highlights the difficulties experienced by some buyers who have acquired homes or new co-ownership properties with significant construction problems.

Buying new is not without risk

Behind the promise of a new and worry-free building, many owners find themselves confronted with construction defects, poor workmanship, or major deficiencies that can lead to significant financial and human consequences.

In the article, Me Yves Joli-Cœur, emeritus lawyer and president of the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ), reminds readers that these situations are unfortunately not isolated:

“Buying a new building remains uncertain, even today. It is an unacceptable risk for consumers.”

According to him, the absence of a genuine culture of construction quality in Quebec contributes to weakening public confidence in co-ownership, even though this housing model plays an important role in addressing the housing crisis.

Le Devoir article: https://www.ledevoir.com/economie/962112/quand-achat-propriete-neuve-vire-cauchemar

An issue also highlighted in the media

These concerns have also been echoed in the media. The program La Facture on Radio-Canada recently broadcast a report highlighting certain shortcomings observed in the supervision of residential construction sites and their consequences for buyers.

The report notably points out that insufficient supervision on certain projects can lead to major construction quality problems and place co-owners in particularly difficult situations. In some cases, syndicates of co-ownership find themselves quickly confronted with costly corrective work shortly after the delivery of the building.

See the La Facture report

Structural gaps in construction site supervision

In Quebec, unlike what exists in certain other Canadian provinces, continuous supervision of residential construction sites has long not been systematically required.

In many projects, technical supervision remains occasional and limited to certain stages of the construction site. This approach can prove insufficient to quickly detect execution errors or poor workmanship that may occur during construction.

However, when these problems are discovered only after the building has been delivered, co-owners and syndicates of co-ownership often have to undertake lengthy and costly procedures to assert their rights.

A reform adopted to improve construction quality

These concerns were also expressed by the Regroupement des gestionnaires et copropriétaires du Québec during parliamentary proceedings surrounding Bill 76. This bill has since become the Act mainly to improve construction quality and public safety, assented to on November 27, 2024 (S.Q. 2024, chapter 35).

This reform notably aims to improve oversight mechanisms in the construction industry and to strengthen certain supervisory powers of the Régie du bâtiment du Québec.

During the study of the bill, the RGCQ presented a brief in which it acknowledged the government’s intention to improve the quality of residential construction, while highlighting certain limitations of the proposed framework.

Consult the RGCQ brief:
https://rgcq.org/media/vs5m2geh/rgcq-memoire-pl76-et-annexe.pdf

The law notably provides for mandatory inspections at certain stages of construction. However, according to the RGCQ, these occasional inspections cannot replace genuine continuous supervision of construction sites, particularly for complex projects such as co-ownership buildings.

Unequal protection for co-owners

The brief also highlights an important shortcoming in the Quebec system: the mandatory guarantee plan for new residential buildings does not apply to certain higher-rise co-ownership buildings.

In these situations, co-owners may find themselves without effective protection and often have to turn to the courts to assert their rights. These proceedings can extend over several years and involve significant legal costs.

This reality exposes syndicates of co-ownership to considerable financial risks, even though the deficiencies identified sometimes originate in the building’s construction phase.

Prevent rather than repair

For several years, the co-ownership sector — notably the Regroupement des gestionnaires et copropriétaires du Québec — has been drawing the attention of public authorities to the shortcomings observed in the quality of certain constructions and in construction site supervision.

Several representations have been made to strengthen quality control mechanisms, notably through the establishment of more rigorous and continuous supervision of construction work.

These efforts pursue a simple objective: to prevent recently constructed buildings from already presenting significant deficiencies whose correction can result in considerable costs for co-owners.

Restoring confidence in co-ownership

Recent events therefore highlight the importance of continuing efforts to improve the quality of residential construction and the supervision of construction sites.

In the field of co-ownership, the consequences of poor workmanship can affect a large number of owners and have a lasting impact on the value of collective assets.

Strengthening prevention mechanisms, improving supervision of construction work, and offering more effective protection to buyers are essential conditions for restoring public confidence in this housing model, which has become unavoidable in Quebec’s urban landscape.