A recurring question before the inspection: "Who should be there?" The buyer? The seller? Both real estate brokers? A current tenant? A brother-in-law who knows the building? Article 5.5 of BNQ 3009-500 provides a clear framework, with different recommendations depending on building type and transaction type.
The general rule
Article 5.5 opens with a central rule:
"Regardless of the number of people present on site, the building inspector must implement all necessary means to control the conduct of the inspection."
In plain terms: the inspector is responsible for running the inspection, no matter the crowd. They must keep control of the close examination (7.2), evidence gathering (7.1), and interactions with the requester (8.4) — even with 8 people on site.
The requester: recommended presence
"It is suitable for the requester to attend the inspection."
The key phrase: it is suitable. Not mandatory, but the standard's expectation. Why?
- Article 6.1 — verifying understanding: before starting, the inspector must verify that the requester has read the standard and understands the nature of the inspection. Easier in person.
- Article 8.4 — interactions with the requester: the inspector must draw the requester's attention to findings as they come up and provide objective explanations. Impossible to fully do if the requester is absent.
- Contextual understanding: seeing a finding with one's own eyes, asking questions on the spot, understanding the gravity of a deficiency indicator — all of this is much more effective than reading a report after the fact.
The requester's absence doesn't make the inspection non-compliant, but it reduces its perceived value and creates a risk of misunderstanding when the report is delivered.
The seller or their representative: recommended presence
The standard distinguishes two cases based on the nature of the property inspected.
For a full residential building
"If the real estate transaction concerns a residential building, it is suitable for the owner or a representative of the owner of the residential building to be available on site at the time of the inspection."
The reason: access to components (electrical panel, water heater, attic), activation of appliances (article 7.3), answers to factual questions about installation age or repairs performed.
For a private unit in divided co-ownership
"If the real estate transaction concerns a private unit of a residential building, it is suitable for the owner or a representative of the owner of that private unit to be available on site."
Plus, if common areas are inspected: "it is also suitable for a representative of the other private unit owners, the co-ownership syndicate, or the owners' cooperative, as applicable and if any, to be available on site during the inspection of the common areas."
In practice, for a condo, inspecting the common areas (roof, basement, foundations, corridors) almost always requires coordination with the syndicate — hence the importance of making the request well ahead of the inspection.
Documenting who was there
The standard imposes a final obligation:
"So they can be recorded in the inspection report, the building inspector must note the name of each person attending the inspection and of those on site at the time of inspection."
This requirement also appears in article 9.3 d) on report content — list the people present. It's an important piece of evidence in case of later dispute: who saw what, who was informed of which finding.
Roles not explicitly named
Several common actors aren't named in the standard. Here's how the inspector can handle them:
The buyer's (requester's) real estate broker
Can attend. Their role is not to dictate the content of the inspection. They may be helpful to clarify requester expectations or to discuss an inspection clause in the purchase promise, but they don't substitute for the requester on technical decisions.
The listing broker (seller's)
Their primary role is to ensure access to the property. They don't intervene in the conduct of the inspection. OACIQ recommends the broker remain objective and avoid compromising the inspector's independence.
A current tenant
If the unit is rented, the owner has the obligation (article 5.2) to inform the tenant of the inspection time, in accordance with articles 1931 and 1932 of the Civil Code of Quebec. The tenant may attend.
An informal third party (relative, friend, confidant of the buyer)
May attend with the inspector's and requester's agreement. The inspector retains control of the proceedings; if a third party's presence slows or compromises the inspection, they may ask to limit participants.
What the inspector can refuse
Article 5.5 implies that the inspector may limit the scale of attendance if it compromises the proceedings. That's the logical consequence of the obligation to implement the necessary means to control the inspection. An inspector is not required to tolerate:
- A crowd preventing close examination
- A person interfering with measurements or activating appliances themselves
- Active intervention in future report writing
- Pressure to unduly speed up the inspection
Document as needed in the file (chapter 10): this helps if a dispute emerges after the transaction.
How Axiom³ helps manage attendance
The Axiom³ editor includes a "People present" field directly in the mandate intake and the final report. The inspector records them once and the list flows automatically. No omissions, no empty field in the report.
Try Axiom³ for free — 10 inspections, no credit card.
Common questions
Does the requester have to pay more if they're not present?
No — pricing is set in the service contract. The requester's absence may limit inspection effectiveness (can't show them what's detected in real time), but doesn't affect price.
Can the seller refuse to let the buyer attend?
In most OACIQ purchase-promise contracts, the inspection right is established. The inspector must be able to access the property. Refusing the requester's or the inspector's presence may constitute interference with contract performance.
Can the inspector conduct the inspection with nobody present?
Article 5.5 strongly recommends the requester and owner be present. In practice, an inspector can work alone if access is arranged (lockbox with code from the broker), but loses the ability to do the understanding checks (article 6.1) and the article 8.4 interactions.
Can a tenant refuse the inspection?
Articles 1931 and 1932 of the Civil Code of Quebec frame the owner's (and therefore the mandated inspector's) right of access. The owner must give reasonable notice. The tenant may be present but cannot block the inspection with proper notice.
Sources & references
- BNQ 3009-500 — Residential Building (articles 5.2, 5.5, 6.1, 8.4, 9.3): bnq.qc.ca
- Civil Code of Quebec, articles 1931 and 1932 (access rights for inspection): LégisQuébec
- OACIQ — Building inspection and the broker's responsibilities: oaciq.com
- Regulation respecting brokerage requirements, professional conduct and advertising (C-73.2, r. 1): LégisQuébec
Last verified: April 22, 2026.