B-1.1, r. 8 - Regulation respecting the guarantee plan for new residential buildings

Section 2 Disposition versions

2015-01-01

2. This Regulation applies to guarantee plans guaranteeing the performance of the contractor’s legal and contractual obligations provided for in Chapter II and resulting from a contract entered into with a beneficiary for the sale or construction of

(1)  the following new buildings intended mainly for residential purposes and not held in divided co-ownership by the beneficiary of the guarantee:

(a)  a detached, semi-detached or row-type single-family dwelling;

(b)  a multifamily building, from a duplex to a quintuplex;

(c)  (subparagraph revoked);

(2)  the following new buildings intended mainly for residential purposes and held in divided co-ownership by the beneficiary of the guarantee:

(a)  a detached, semi-detached or row-type single-family dwelling;

(b)  a multifamily building comprising no more than 4 private portions stacked one above the other without taking into account, in calculating those 4 portions, the private spaces used for parking or storage;

(c)  (subparagraph revoked);

(3)  the buildings specified in subparagraphs 1 or 2 and acquired by the contractor from a syndic, municipality or mortgage lender.

Despite the foregoing, this Regulation does not apply where the contractor’s client is a non-profit organization, a housing cooperative or bureau constituted under the Act respecting the Société d’habitation du Québec (chapter S-8) and the client receives for the purchase or construction of a new building financial assistance under a housing program implemented by the Société d’habitation du Québec under its constituting act.

The intended use of a building is established on the date of conclusion of the contract and is presumed valid for the term of the guarantee. The guarantee applies to the entire building.

O.C. 841-98, s. 2; O.C. 920-2001, s. 1; O.C. 156-2014, s. 2.

2012-09-01

2. This Regulation applies to guarantee plans guaranteeing the performance of the contractor’s legal and contractual obligations provided for in Chapter II and resulting from a contract entered into with a beneficiary for the sale or construction of

(1)  the following new buildings intended mainly for residential purposes and not held in divided co-ownership by the beneficiary of the guarantee:

(a)  a detached, semi-detached or row-type single-family dwelling;

(b)  a multifamily building, from a duplex to a quintuplex;

(c)  a multifamily building comprising more than 5 dwelling units and held by a non-profit organization or a cooperative;

(2)  the following new buildings intended mainly for residential purposes and held in divided co-ownership by the beneficiary of the guarantee:

(a)  a detached, semi-detached or row-type single-family dwelling;

(b)  a multifamily building of combustible construction;

(c)  a multifamily building of noncombustible construction comprising no more than 4 private portions stacked one above the other;

(3)  the buildings specified in subparagraphs 1 or 2 and acquired by the contractor from a syndic, municipality or mortgage lender.

For the purposes of this Regulation, the terms “combustible construction” and “noncombustible construction” have the meaning given to them in the National Building Code–Canada 1995 (NRCC 38726E) including the revisions of July 1998 and November 1999 issued by the Canadian Commission on Building and Fire Codes of the National Research Council of Canada.

The intended use of a building is established on the date of conclusion of the contract and is presumed valid for the term of the guarantee. The guarantee applies to the entire building.

O.C. 841-98, s. 2; O.C. 920-2001, s. 1.