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A follow-up on Bill 122: safety requirements that could be expensive (2 of 2)

A follow-up on Bill 122: safety requirements that could be expensive (2 of 2)

We encourage the Government in its policy regulating maintenance of the buildings for an increased safety. However, we presented, during the period of consultation of the draft Regulations, our comments in certain respects.

When reading the reports of the coroner resulting from the accidents specified here above, we can notice that the defects seem to come partly from the era of construction in both cases. Being built in the same years, their construction at that time was not subjected to the Building Code or the code of construction which we know today. Considering the evolution of the standards, we proposed to the Minister the possibility of considering, in the case of more recent buildings having been subjected to more tightened standards of construction, other intervals of inspection, longer at the beginning, but which could be shortened proportionally with the increase in the age of the building.

Also, it seems rather rare that the engineers handle the entire monitoring of the building work. However, we believe that the drafting of a final report of the engineer having supervised the work and fulfilling the same requirements as those of a thorough verification could contribute to the increase in the quality of our buildings right from the start. Although the presence of the engineer or the architect on the building sites would increase the cost of the work, would this expenditure be worth the cost to be ensured of a building of quality, if that made it possible to space the subsequent times of inspection?

Next, we would appreciate a coherent policy to help the owners of rental buildings, more specifically, in assuming the costs connected to such inspections. It is an additional financial burden, which will generally not increase the value of the buildings, since it does not imply rental improvements. We believe that the owners should be able to take account of these costs in the calculation of the cost of the rents.

Let us note in addition that it can be preferable to invest at certain determined periods to have a building in order and secure than to face tragedies which can, in the end, be expensive in many aspects to the owners and managers of buildings. Let us hope after all that the Government will understand the extent of the expenditures which the owners have to assume and that It will take essential measures to avoid putting into danger the Quebec rental park and that It will be able to take into account the particular situation of the buildings held in co-ownership.

About the author

Me Annie Lapointe, notaire

Me Annie Lapointe s’est jointe à l’équipe à titre d’étudiante au cours de l’été 2010, pendant ses études en droit, ce qui lui a permis d’être sensibilisée à la situation vécue par les propriétaires d’immeubles locatifs. Elle a obtenu son Baccalauréat en droit, ainsi qu’un diplôme de 2e cycle en droit notarial à l’Université de Sherbrooke. Elle a ensuite complété un stage de 32 semaines au sein d’une étude notariale de type traditionnel en Montérégie.

Me Lapointe a ensuite débuté sa pratique en tant que notaire et conseillère juridique au sein du Cabinet MESSIER SOUCY Avocats, dès son assermentation et son admission à la Chambre des notaires du Québec depuis 2012.

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