The seller's declaration is one of the most under-used tools at a Quebec building inspector's disposal. Annex F of BNQ 3009-500 provides a full template, structured in 16 numbered sections, for the seller to document in writing what they know about the building's condition. Used well, this declaration substantially changes what the inspector can look for, confirm, and contextualize at the time of inspection.
The framework: article 5.3.1 of the standard
Article 5.3.1 of BNQ 3009-500 specifically frames the seller's declaration, within the broader article 5.3 (request for access to available information). The inspector must ask for the seller's declaration before the inspection — the standard does not oblige the seller to fill it out, but it obliges the inspector to ask.
In practice, the request is made at the service-contract signing stage. The requester (the prospective buyer) forwards the request to the seller via the real estate broker or directly. The seller completes the declaration on the date of their signature.
The 16 sections of Annex F
Here is the actual structure of the template:
- Address of the private unit or residential building
- General information — date of acquisition, occupation, rental history, year of construction, coverage under a new residential building warranty plan
- Soil of the building — soil-related problems (shifting, subsidence), foundation stabilization work, soil contamination (oil, lead, fuel)
- Basement (including crawl space) — condition, moisture, work performed
- Indoor air quality — including questions on mold
- Roof — age, repairs, known infiltrations
- Water infiltrations — history of detected and repaired infiltrations
- Plumbing and drainage installation
- Water supply — source (municipal or private), water analyses
- Autonomous wastewater treatment installation
- Main heating — type, age, maintenance
- Air-conditioning and heat-pump systems (if any)
- Other heating sources — fireplace, stove, auxiliary system
- Other information — this is where questions about tests performed (pyrite, pyrrhotite, ochre, asbestos) and presence of rodents or nuisance insects appear
- Renovations — major work performed, permits obtained
- Signatures — of the seller and, where applicable, of the syndicate or cooperative representative
Links to article 7.2.3 (special signs)
Several items related to the five special signs of article 7.2.3 appear in the declaration, but scattered — not grouped:
- Mold: section 5 (indoor air quality)
- Pyrite, pyrrhotite, ochre, asbestos: section 14 (other information)
- Rodents and insects: section 14
The inspector needs to read the declaration as a whole rather than look for a single "special signs" block.
Why it's a powerful tool for the inspector
The seller's declaration doesn't replace the inspection — it targets it. It lets the inspector:
- Focus attention where the seller flags a known or repaired issue. If the seller declares a roof redo two years back, the inspector verifies the recent installation; if they flag water damage in the basement, the inspector examines the area with a moisture meter.
- Document gaps between what the seller declared and what the inspection reveals. That's objective evidence within the meaning of article 7.1 of the standard.
- Protect professional liability: an inspection informed by the declaration is more defensible than one that ignores available information. Article 7.4 of the standard explicitly requires the inspector to take into account the information contained in documents obtained from the requester.
- Contextualize findings in the report: an apparent defect the seller had already declared doesn't carry the same legal weight as one that wasn't disclosed.
What the inspector must document
Article 9.3 of the standard requires the report to:
- List the documents obtained from the requester — which includes the seller's declaration when provided
- Identify those documents precisely (title, date of signature, number where applicable)
- Specify which ones were taken into account before the inspection
- Provide a reference to any document that supports an assertion
If the seller refuses to complete the declaration or doesn't provide it, the inspector notes that in the report — which is itself useful information for the requester.
The flip side for the buyer
A properly completed seller's declaration creates a dated, signed written record that the buyer can invoke later in a dispute. If the seller declared there had never been a basement water infiltration, and the buyer later discovers undisclosed prior infiltration, that declaration becomes a material piece in a hidden-defect claim under the Civil Code of Quebec.
That's also why some sellers hesitate to fill out the declaration — they fear legal exposure. Nothing in BNQ 3009-500 requires a seller to sign. But the refusal itself is a signal the buyer should factor in.
How Axiom³ handles the seller's declaration
The Axiom³ editor lets you attach the seller's declaration to the inspection file as soon as it's received, before the inspection. The content of the declaration integrates into the final report: each finding can reference what the seller declared (or didn't) on the topic. Chapter 10 of the standard requires keeping all documents obtained in connection with the inspection — the archiving is automatic.
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Common questions
Is the seller's declaration mandatory?
No. Annex F is informative (not mandatory), and the standard does not require the seller to fill it out. It only requires the inspector to ask for it (article 5.3).
Who signs the declaration if the building belongs to a co-ownership syndicate?
A duly authorized representative of the co-ownership syndicate or property-owners' cooperative, as applicable. This is noted on the Annex F template.
Does the inspector have to verify every statement the seller makes?
No — the inspector doesn't have to verify everything but must take into account the relevant information during the close examination (article 7.4). Some statements deserve particular attention at inspection time; others primarily serve to contextualize.
What happens if the seller deliberately omits a fact from the declaration?
That's a misrepresentation potentially usable by the buyer in a claim. The inspector, for their part, simply documents what they observe at the time of inspection — legal questions about the seller's declaration fall to the notary or lawyer.
Sources & references
- BNQ 3009-500 — Residential Building (Annex F, articles 5.3, 7.4, 9.3): bnq.qc.ca
- Civil Code of Quebec (hidden-defect and seller-declaration provisions): LégisQuébec
- OACIQ — Mandatory forms: oaciq.com
Last verified: April 22, 2026.