Order regarding flood zones: How to properly inform the parties

Following the 2019 spring floods, the Quebec Government published on July 15, 2019, an order that provides for the extension of the special planning zone (SPZ) that was set up in 2017.

The government orders the creation of a SPZ to provide for better management of flood zones. The creation of the SPZ imposes a moratorium on construction and reconstruction, until the normative framework applicable in flood zones is reviewed.

Therefore, brokers must:

1. check if a property that is the subject of a transaction appears on the flood zone map of the Ministère de l’Environnement and is mentioned in the list of municipalities that are part of a special planning zone. For now, only the zones identified on this map are affected by construction and renovation bans – see point 4 below;
2. if the property is located in the SPZ, contact the municipality concerned for further information on the applicable restrictions, notably regarding the issuance of construction permits;
3. due to the potential consequences and in accordance with their duty to inform, disclose to the parties engaged in the transaction whether the property in question is part of the SPZ;
4. explain to the parties that these consequences are, at the moment, only potential; since public consultations will continue until August 19, 2019, the SPZ may be modified;
5. document the steps taken.

We will keep you informed following the public consultations.

Good to know

The concrete implications of this order are well explained in this FAQ. Many other relevant documents are available on the website of the Ministère des Affaires municipales et de l'Habitation under the 2019 spring floods – Special planning zone tab.

A financial assistance program has been implemented for disaster victims. The terms and conditions of this program can be found on the website of the Ministère de la Sécurité publique du Québec.

A training is offered in relation to what the broker must do when he is engaged in a transaction involving a property located in a flood-prone area or that has been flooded.