A-19.1 - Act respecting land use planning and development

Section 148.0.2 Disposition versions

2021-04-01

148.0.2. Every municipality is required to maintain in force a by-law relating to the demolition of immovables, which by-law must

(1)  prohibit the demolition of an immovable, except if the owner has obtained authorization to demolish it from a committee referred to in section 148.0.3;

(2)  prescribe the procedure for applying for an authorization;

(3)  establish the criteria to be used to assess an application for authorization, including the condition of the immovable that is the subject of the application, its heritage value, the deterioration of the quality of life in the neighbourhood, the cost of its restoration, the intended use of the vacated land and, when the immovable includes one or more dwellings, the prejudice caused to lessees and the effects on housing needs in the area; and

(4)  establish specific criteria for assessing an application for authorization relating to a heritage immovable, including the immovable’s history, contribution to local history, degree of authenticity and integrity, representativeness of a particular architectural movement, and contribution to an ensemble to be preserved.

2005, c. 6, s. 134; 2006, c. 60, s. 1; 2021, c. 10, s. 100.

2006-12-14

148.0.2. The council of a municipality may, by by-law,

(1)  prohibit the demolition of an immovable unless the owner has obtained authorization from the committee referred to in section 148.0.3;

(2)  prescribe the procedure to be followed in applying for an authorization;

(3)  provide that the public notice provided for in section 148.0.5 is not required; and

(4)  if conditions are imposed under section 148.0.12, require that the owner provide the municipality with a monetary guarantee prior to the issuance of an authorization certificate, to ensure that those conditions are complied with.

For the purposes of subparagraphs 1 and 3 of the first paragraph, the by-law may establish categories of immovables.

2005, c. 6, s. 134; 2006, c. 60, s. 1.

2006-01-01

148.0.2. The council of a municipality may, by by-law,

(1)  prohibit the demolition of an immovable or an immovable that includes one or more dwellings unless the owner has obtained authorization from the committee referred to in section 148.0.3;

(2)  prescribe the procedure to be followed in applying for an authorization; and

(3)  provide that, for certain categories of immovables that it shall specify, the public notice provided for in section 148.0.5 is not required.

2005, c. 6, s. 134.