Building Vacancy and Deterioration

The City of Westmount maintains a register of vacant buildings in order to monitor their condition, prevent their deterioration and protect the health, safety and quality of the surrounding environment.

In accordance with the by-law on the occupancy and maintenance of immovables, the person responsible for the premises must carry out sufficient routine maintenance to ensure the building’s long-term structural integrity. In addition, they must also report the vacancy to the City and provide the required information. The person responsible for the premises may be the owner, tenant or occupier of a building, premises or site covered by the by-law.

Consult the by-law on the occupancy and maintenance of immovables in the by-law directory.

When must a vacant building or premises be declared?

A building or premises must be declared when it is considered vacant within the meaning of the by-law on the occupancy and maintenance of immovables, in particular in the following situations:

• The building has no occupants and is not connected to public utilities, such as water, electricity or gas.
• The building has no occupants but is connected to public utilities, and the use authorised by the certificate of occupancy or by acquired rights has not been carried out there for more than 180 consecutive days.
• A non-residential premises with a commercial unit on the ground floor has not been used for more than 180 consecutive days, or is not connected to public utilities.

Buildings or premises undergoing works authorised by a valid permit or certificate are not considered vacant.

Requirements in the Event of a Vacancy

See the details in the following section.

• At the start of the vacancy, and then every five years, the person in charge of the premises must submit a full inspection report on the property.
• Throughout the period of vacancy, the vacant building or section of building must be kept in good condition and maintained so as not to appear dilapidated or in an apparent and continuous state of neglect.

Report a vacant building

Inspection Report

At the start of the vacancy, and every five years thereafter, the person in charge of the premises must submit a comprehensive inspection report on the building. 

This report must cover, in particular:

• roofs;
• facades;
• openings;
• technical installations;
• structural elements.

The report must be prepared by a qualified professional, such as an architect, an engineer, a professional technologist or a building inspector holding a qualification based on the BNQ 3009-500 standard. It must detail the condition of the building and, where applicable, the work required to ensure its structural integrity. If the defects identified in the report are not rectified, the City may require the necessary works to be carried out in accordance with the relevant by-law.

Maintenance and Safety of Vacant Buildings

Throughout the period of vacancy, the vacant building or section of building must be kept in good condition and maintained so as not to appear dilapidated or in an apparent and continuous state of neglect.

The person in charge of the premises must notably ensure:

• that a working lighting system is programmed to be switched on during hours of darkness near shop windows and doors;
• that all openings in the building (doors and windows) are closed, locked or otherwise secured to prevent access; 
• that no equipment, chemicals, objects or materials that could pose a fire hazard are stored on the premises; 
• that electrical and plumbing systems are managed in such a way as to prevent accidents; 
• that damage resulting from acts of vandalism, including broken windows, is repaired.

Certain temporary measures to protect against vandalism may be authorised by the City, subject to the conditions set out in the relevant by-law.

Under section 145.41 of the Act Respecting Land Use Planning And Development, the Council may, by by-law, establish standards and prescribe measures relating to the occupation and maintenance of a building, and require, in the event of obsolescence or deterioration, repair or maintenance work of the aforementioned building.

The following buildings are subject to a notice of deterioration as entered in the Land Register :

• 4030 Dorchester Boulevard