Are you about to buy or sell a property, refinance your mortgage, or settle an estate, and your notary or financial institution has asked for a certificate of location? For many property owners, this request immediately raises an important question: what exactly is this document, and why is it so important?
At ASDAG, we often use the analogy of an X-ray to explain the purpose of a certificate of location. Just as a medical X-ray reveals details that cannot be seen with the naked eye, this document provides a complete picture of a property’s actual situation, both on the ground and from a legal perspective. Our land surveyors prepare certificates of location to provide an accurate representation of the property, allowing notaries, buyers, sellers, and financial institutions to make informed decisions based on precise and up-to-date information.
The Certificate of Location: An X-Ray of Your Property
A certificate of location is often compared to an X-ray of a property. When a physician orders an X-ray, the goal is not to observe what is already visible, but to reveal what cannot be seen with the naked eye. A certificate of location serves exactly the same purpose.
At first glance, a property may appear to be fully compliant. However, certain realities remain invisible during a simple visit: an easement registered on title, an encroachment onto a neighbouring property, a structure that no longer complies with setback requirements, a shoreline protection zone, a hazard area, or any other restriction that could affect the property. A certificate of location identifies these elements so the property’s actual situation is clearly understood before an important decision is made.
In practical terms, this document is an official, legally recognized representation of the property’s actual conditions. It combines on-site observations, cadastral information, title analysis, and applicable regulations to provide an accurate picture of the property as of a specific date. In fact, the Ordre des arpenteurs-géomètres du Québec (Quebec Order of Land Surveyors) defines a certificate of location as a document expressing the land surveyor’s professional opinion regarding the current condition of a property.
In other words, a certificate of location does more than simply show a property as it appears. It also reveals everything that may affect it—whether visible or not—so that every party involved has complete information before proceeding with a real estate transaction, mortgage refinancing, or any other property-related project.
The Plan: A Visual Representation of Everything That Affects the Property
The plan is the graphical component of a certificate of location. It provides a clear visual representation of information that would be much more difficult to understand through a written description alone.
It identifies the property boundaries, the location of buildings, setback distances from the lot lines, and various elements that may affect the property’s compliance with applicable regulations. Depending on the characteristics of the property, the plan may also illustrate easements, encroachments, shoreline protection zones, flood-prone areas, landslide hazard zones, or other applicable constraints affecting the lot. The information shown is based on cadastral records, field observations, and the documents available at the time the certificate is prepared.
This visual representation adds significant value to the document. In just a few moments, it becomes possible to understand the relationship between the buildings, the property boundaries, and the various constraints affecting the property. Where a written description may leave room for interpretation, the plan provides a much clearer picture of the property’s actual conditions.
The Report: The Written Analysis That Gives the Document Its Legal Weight
A certificate of location is much more than a graphical plan. It also includes a written report that provides the context and professional analysis behind the information shown on the plan.
Among other things, the report presents the land surveyor’s analysis of the property. It identifies the cadastral designation, the cadastral history, and the compliance of the buildings and structures observed with the municipal regulations in effect at the time the certificate is prepared. If a particular situation is identified—such as an encroachment, a non-compliance issue, or an easement that could affect the property—it is also brought to the reader’s attention. The content and scope of a certificate of location are established by the Regulation Respecting the Standard of Practice for Certificates of Location.
By combining the plan and the written report in a single document, the certificate provides all parties with a complete understanding of the property’s physical and regulatory status.
When Is a Certificate of Location Required?
The most common situation is the sale of a property. During a real estate transaction, the notary will generally request an up-to-date certificate of location to confirm that the property still corresponds to the legal and physical description that will appear in the deed of sale.
The document is also frequently required when refinancing a mortgage, as some financial institutions wish to confirm the property’s current status before approving new financing. It may also be requested as part of an estate settlement, a division of family property, or before major construction work, such as an addition, when it is necessary to verify that the existing buildings comply with applicable regulations.
It is important to understand that a certificate of location prepared several years ago is not automatically valid for a new transaction. The construction of a garage, the addition of a swimming pool, the installation of a fence, or any other modification made to the property may require a new certificate. Likewise, changes to municipal regulations may justify an updated certificate to ensure the document accurately reflects the property’s current situation.
What the Certificate Protects Against
A certificate of location does more than protect the property itself—it also protects everyone involved in the transaction.
For the buyer, it provides valuable peace of mind. It allows them to understand the property’s actual condition before committing to the purchase and reduces the risk of discovering an encroachment, a zoning or regulatory non-compliance, an easement, or any other issue that could affect the property’s value or future use after the sale has been completed.
For the seller, the certificate offers important protection. By providing an up-to-date document that accurately reflects the property’s current condition, the seller helps reduce the risk of disputes, delays, or unexpected issues that could jeopardize the transaction or lead to complications after the sale.
For the notary, the certificate is an indispensable working tool. It allows the notary to verify that the property’s legal and physical condition corresponds to reality before the deed of sale is signed, ensuring the transaction is prepared using complete and reliable information.
Finally, for the financial institution, the certificate provides a clear picture of the property serving as security for the financing. It helps confirm that there are no known issues that could compromise either the transaction or the value of the property.
At ASDAG, every certificate of location is prepared with the goal of providing a complete, accurate, and compliant representation of the property. This rigorous approach allows notaries, buyers, sellers, and financial institutions to make informed decisions based on reliable and up-to-date information.
Need a certificate of location for an upcoming transaction or refinancing? Submit your request online or contact ASDAG directly. Our team handles your file promptly.
FAQ’s
How Much Does a Certificate of Location Cost in Gatineau?
The cost varies depending on several factors, including the size of the property, the complexity of the site, the research required, and the field survey work involved. Requesting a quote is the best way to obtain an estimate tailored to your specific situation.
How Long Does It Take to Prepare a Certificate of Location?
The timeline depends on the complexity of the mandate, the availability of the required documents, and the scheduling of the field survey. If you are involved in a real estate transaction, it is advisable to begin the process as early as possible to avoid delays before closing.
Is My Certificate of Location Still Valid?
A certificate of location remains valid as long as it accurately reflects the property’s current condition. If changes have been made to the property or other circumstances have changed, a new certificate may be required.
What Is the Difference Between a Certificate of Location and a Deed of Sale?
A deed of sale legally confirms the transfer of ownership from the seller to the buyer. A certificate of location, on the other hand, describes the property’s physical condition and its compliance with applicable regulations to provide the information needed for that transaction.
Does the Seller or the Buyer Pay for the Certificate of Location?
In most real estate transactions in Quebec, the seller is responsible for providing an up-to-date certificate of location when one is required. However, the parties may agree to different arrangements depending on the terms of the transaction.
Why Is My Notary Requesting a New Certificate of Location?
Your notary must ensure that the certificate of location still accurately reflects the property’s current condition. If renovations have been completed, a new structure has been added, or the existing certificate no longer accurately represents the property, a new certificate will generally be required to ensure that all parties involved in the transaction are properly protected.