This text is part of the special Real Estate section
Even if the vast majority of Quebec building inspectors are part of an association and have recognized training, the new draft regulation from the Régie du logement du Québec wants to standardize the practice.
“We view this regulation favorably; for many years, we have been making representations for more supervision, in order to protect the public,” confides Dany McNicoll, general director of the Association of Building Inspectors of Quebec (AIBQ) and vice-president of the board of administration. After Bill 16 tabled in 2019 by Minister Andrée Laforest and the creation by the Bureau de normalization du Québec of a provincial standard of practice, this new regulation takes a further step in this direction, Quebec thus joining British Columbia and Alberta. “There was no real supervision or organization to oversee everything, and membership in an association was not compulsory. For the consumer, there was no uniformity,” reports Sylvain Lamothe, spokesperson for the Régie du logement du Québec (RBQ).
From training to certification
The regulation will make basic college education compulsory. If attestation of college studies (AEC) programs already exist, “the training will have to be adapted and integrate the new inspection standards to meet certain standards,” notes Sylvain Lamothe.
Inspectors will also be required to take out liability insurance. Indeed, in the case of an error or omission in his work, the inspector can be sued by the clients. “If the inspector doesn’t have insurance, he’s not creditworthy and he can’t be sued,” says Mr. McNicoll. “There are situations where consumers experience horror stories,” says Mr. Lamothe. The buyer is thus better protected if he deals with an inspector insured in the event of professional misconduct.
Inspectors will ultimately have to obtain certification issued by the RBQ. Level 1 certification allows for the inspection of buildings with 1 to 6 dwellings and private condominium apartments, and level 2 allows for the evaluation of larger buildings as well as the common areas of co-ownership associations. The certification will be renewable annually, and continuing training obligations will be put in place from 2027.
Regulations set to evolve
The RBQ is currently analyzing the comments collected following the submission of the project in July, and the regulations should come into force in October 2024. Current inspectors will have a three-year reprieve to obtain certification. “For those already in the field, 30 hours of refresher training will be mandatory to assess their expertise and skills and allow them to apply for certification 1 or 2,” specifies Mr. McNicoll.
Obviously, this regulation does not solve everything. The pre-purchase inspection is still not mandatory; In a context of bidding wars, buyers are often forced to remove the inspection clause to access the property. An insurer can also decide to no longer cover an inspector (for various reasons, including withdrawal from this market). “If the company decides to no longer insure it, the inspector finds himself without insurance despite himself,” notes Mr. McNicoll. Despite everything, the regulations will better protect the public, believes the general director of the AIBQ. “There should be different developments, but we are happy that it is on the verge of becoming a reality,” he concludes.
This content was produced by the Special Publications team at Duty, relating to marketing. The writing of the Duty did not take part.