A-19.1 - Act respecting land use planning and development

Section 145.41 Disposition versions

2021-04-01

145.41. Every municipality is required to maintain in force a by-law relating to the occupancy and maintenance of buildings, which must contain standards to

(1)  prevent the decline of buildings; and

(2)  protect buildings from weather damage and preserve the integrity of their structure.

The by-law may

(1)  establish any standard and prescribe any measure relating to the occupancy and maintenance of buildings;

(2)  determine any building, other than a heritage immovable within the meaning of paragraph 1 of section 148.0.1, that is not subject to the by-law; and

(3)  define classes of buildings and prescribe different rules according to such classes, to parts of territory, or to combinations of such a class and such a part.

If a building is decrepit or dilapidated, a municipality may require that restoration, repair or maintenance work be carried out. The municipality must send the owner of the building a written notice indicating the work to be done to bring the building into conformity with the standards and measures prescribed by regulation and the time limit for carrying out the work. The municipality may grant additional time.

If the owner fails to carry out the work, the Superior Court may, on application by the municipality, authorize the latter to carry it out and recover the cost from the owner. The application is heard and decided by preference.

The cost of such work constitutes a prior claim on the immovable on which the work is carried out in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The cost is secured by a legal hypothec on the immovable.

2004, c. 20, s. 9; I.N. 2016-01-01 (NCCP); 2021, c. 10, s. 95.

2016-01-01

145.41. A council of a municipality may, by by-law, set standards and prescribe measures for the occupancy and maintenance of buildings.

If a building is decrepit or dilapidated, a municipality where a by-law under the first paragraph is in force may require that restoration, repair or maintenance work be carried out. The municipality must send the owner of the building a written notice indicating the work to be done to bring the building into conformity with the standards and measures prescribed by regulation and the time limit for carrying out the work. The municipality may grant additional time.

If the owner fails to carry out the work, the Superior Court may, on application by the municipality, authorize the latter to carry it out and recover the cost from the owner. The application is heard and decided by preference.

The cost of such work constitutes a prior claim on the immovable on which the work is carried out in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The cost is secured by a legal hypothec on the immovable.

2004, c. 20, s. 9; I.N. 2016-01-01 (NCCP).

2004-11-01

145.41. A council of a municipality may, by by-law, set standards and prescribe measures for the occupancy and maintenance of buildings.

If a building is decrepit or dilapidated, a municipality where a by-law under the first paragraph is in force may require that restoration, repair or maintenance work be carried out. The municipality must send the owner of the building a written notice indicating the work to be done to bring the building into conformity with the standards and measures prescribed by regulation and the time limit for carrying out the work. The municipality may grant additional time.

If the owner fails to carry out the work, the Superior Court may, on a motion by the municipality, authorize the latter to carry it out and recover the cost from the owner. The motion is heard and decided by preference.

The cost of such work constitutes a prior claim on the immovable on which the work is carried out in the same manner and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code. The cost is secured by a legal hypothec on the immovable.

2004, c. 20, s. 9.