Construction legal hypothec calendar
Thirty days to register, six months to preserve, a notice of contract before the first hammer blow: the Civil Code’s deadlines run on their own, without warning. Enter your end-of-work date — the tool counts, warns you if a date falls on a day the register is closed, and puts the reminders in your calendar.
What the tool counts, and how
- The starting point is the end of the work (art. 2110) — the work ready to be used for its intended purpose — not your invoice. Since that question gets argued, count from the day you finished: you register earlier, therefore never too late.
- Thirty days (art. 2727): the notice of legal hypothec must be registered in the land register, and served on the owner, before that period expires.
- Six months (art. 2727 para. 3): without a published action or a registered prior notice of exercise, the hypothec is extinguished. Six months after August 31 is the last day of February.
- No automatic postponement. If a date falls on a weekend or a Québec statutory holiday, the tool warns you and recommends acting on the previous business day — a forfeiture deadline is not extended on an assumption.
- The three-year prescription of the personal claim (art. 2925) runs from the day payment was due: enter your invoice due date to date it.
The prompt-payment regime for public contracts (in force since September 8, 2025, extended to mid-size contracts since September 8, 2026) is not counted here: its deadlines are those of the contract and the regulation, not of the Civil Code. It is explained in the article.
Frequently asked questions
From which date do the thirty days run?
From the end of the work, within the meaning of article 2110 of the Civil Code: the work is completed when it is ready to be used for its intended purpose. Since that question gets argued in court, the only prudent conduct is to count from the day you finished — you register earlier, therefore never too late. Neither your invoice date nor your last email counts.
What happens if I miss the thirty days?
The legal hypothec disappears: all that remains is a personal claim against the party you contracted with, subject to the three-year prescription, with no right on the immovable. And registering the notice is not enough: without a published action or a prior notice of exercise within six months of the end of the work, the registered hypothec is extinguished on its own.
Do I have to declare my contract to the owner?
Yes, if you did not contract directly with the owner — every subcontractor and every supplier of materials (workers are exempt, article 2728). And before starting: the hypothec only secures what was supplied after the notice. Prove receipt, not just sending: registered mail, bailiff or a signed acknowledgement.
- Code civil du Québec — hypothèques légales (art. 2724 à 2728)
- Registre foncier du Québec — L’hypothèque légale de la construction (guide)
- Langlois Avocats — L’ABC de l’hypothèque légale de la construction au Québec
- Ponce Avocats — Délai de l’hypothèque légale de la construction
- CNESST — Jours fériés, chômés et payés (Loi sur les normes du travail)
The amounts and rules cited are those displayed by these bodies on that date; they change (indexation, decrees). Check at the source before acting — and this article is not legal advice.
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