ClickCease Who are the beneficiaries of the legal mortgage under construction?
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Who are the beneficiaries of the legal mortgage under construction?

The legal construction hypothec is a protection offered by several jurisdictions, including Quebec, to guarantee the payment of people who participated in the construction or renovation of a building. It constitutes a security on the real estate in favor of the persons who provided services or materials for the construction or the renovation of this building.

The beneficiaries of the legal hypothec are the following:

  • The architects
  • The engineers
  • Material suppliers
  • Workers
  • The contractor or sub-contractor (sub-contractor)

Each of the entrepreneurs and professionals mentioned above must be properly registered with their professional order or have the required authorizations to be able to benefit from the right to a legal hypothec.
As for the supplier of materials, his right to this hypothec will only be granted if the materials are used in the construction and integrated into the building.