Everything about Loi 16: the complete guide for Québec co-ownerships

What is Loi 16?

Loi 16 — formally the Act mainly to regulate building inspections and divided co-ownership — was passed by the Québec National Assembly in December 2019. It is the most significant reform of divided co-ownership law since the Civil Code of Québec came into force in 1994.

Its implementing regulation — the Regulation on contingency-fund studies and maintenance logbooks of a divided co-ownership — came into force on 15 August 2025. From that date, the new obligations became binding on co-ownership syndicates.

Who does it apply to?

Loi 16 and its regulation apply to every syndicate of divided co-ownership in Québec, without exception. This includes:

• Vertical co-ownerships (classic condo buildings with stacked units)
• Horizontal co-ownerships (row houses and side-by-side units sharing the building envelope)
• Master or initial co-ownerships (syndicates managing land and shared amenities for multiple buildings)
• Mixed-use co-ownerships (e.g., residential with commercial ground-floor)

The size of the syndicate doesn't change the obligation: a 3-unit triplex is just as required to comply as a 200-unit tower. Methods may vary depending on building characteristics.

Three main obligations

Loi 16, through the amendments it makes to the Civil Code of Québec, imposes three main obligations on co-ownership syndicates.

1. The contingency-fund study

The board of directors must obtain a contingency-fund study establishing the amounts required for the fund to suffice for the estimated cost of major repairs and replacement of common areas (art. 1071 al. 2 CcQ). The study must be prepared by a member of a recognized professional order and updated every five years.

2. The maintenance logbook

The board must also establish a maintenance logbook describing maintenance done and to be done (art. 1070.2 CcQ). This logbook is a living document: it must be kept current by the syndicate throughout the year and revised periodically, typically every five years alongside the study.

3. The syndicate's attestation upon sale of a unit

When a unit is sold, the syndicate must provide the buyer with an attestation covering the state of the co-ownership — financial situation, planned works, ongoing litigation, and other material items (art. 1068.2 CcQ). This obligation has been in force since the law's adoption in 2019.

Key deadlines

Deadline	What
14 août 2028	First study and logbook for every existing co-ownership
Every 5 years after the initial study	Refresh of the contingency-fund study
Annually	Internal update of the maintenance logbook by the board
At every unit sale	Production of the syndicate's attestation

Who can sign your study and logbook?

The regulation designates the professional orders whose members are authorized to produce these two deliverables. For a contingency-fund study or a maintenance logbook to be legally valid, it must be prepared or supervised by a member in good standing of one of the following orders:

• OIQ — Order of Engineers of Québec
• OAQ — Order of Architects of Québec
• OTPQ — Order of Professional Technologists of Québec
• APCHQ-certified building inspector whose professional practice primarily involves real-estate management, construction, renovation, appraisal, or inspection

What must the contingency-fund study contain?

The regulation specifies the minimum content of a compliant study. A well-prepared study typically includes:

1. Building summary — year built, co-ownership type, number of units, surface areas, structural particulars.
2. Component inventory for the common areas, classified per the recognized UniFormat II standard (ASTM E1557).
3. Current condition of each component with estimated remaining useful life.
4. Capital works plan, chronological, listing major maintenance and replacements with indexed costs over at least 25 years.
5. Contribution scenarios for the fund, ideally framed as decision options (status quo, progressive ramp-up, immediate correction) rather than mechanical projections.
6. Certificate signed by the responsible professional.

What must the maintenance logbook contain?

The logbook is a living working document. At first edition, it typically contains:

• The complete inventory of common-area components
• The capital works plan (consistent with the study)
• The preventive maintenance schedule with frequency and calendar of recurring inspections
• The intervention log (initially empty, completed by the board over time)

The format isn't mandated by the regulation, but the logbook must be easily consultable. Excel and equivalent digital tools are commonly used.

Consequences of non-compliance

No direct administrative fine is associated with failure to have a study and a logbook. The consequences are nonetheless very real, and often more costly than a simple fine:

• Unit sales become difficult or impossible without a compliant attestation — financial institutions now require these documents for mortgage financing.
• Personal liability for board members who fail to take the required action, if sued by an aggrieved owner or buyer.
• Higher risk of under-funded reserves and therefore surprise special assessments to make up shortfalls.
• Difficulty renewing the syndicate's insurance or obtaining better rates.

How much does it cost?

The Québec market for studies and logbooks shows a typical 2026 range of $2,500 to $3,400 before tax for a small co-ownership of 12 units or fewer. Some providers charge more for complex buildings, or less for very small co-ownerships — which is why size-based pricing makes sense.

Five-year refreshes are typically priced at 50 % of the original mandate — roughly $1,250 to $1,700 for a small co-ownership in 2026.

How to choose your provider

Before retaining a provider, ask these questions:

1. Who signs the report? The signatory must be a member in good standing of a recognized order (OIQ, OAQ, OTPQ, or APCHQ).
2. What's the delivery timeline? The market ranges from 30 days to 8 months. Faster delivery is a sign of operational maturity.
3. What scenario framework? Prefer decision-oriented scenarios (status quo, progressive ramp-up, immediate correction) over mechanical projections without comparative analysis.
4. Is pricing proportional to building size? Beware of flat rates that don't reflect actual effort.
5. What happens if I challenge a number in the report? A serious provider has a clear, documented correction process.