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Development, Land Use Planning and Property Tax in Québec


Fasken helps get your projects off the ground.
Navigating Québec’s complex municipal, zoning, and property tax landscape is crucial for your project's success. Our expert team at Fasken ensures seamless approvals, strategic tax optimization, and robust legal defense, empowering you to build the future with confidence and efficiency.
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Overview

Urban development in Québec is shaped by a distinctive legal and regulatory framework that requires a deep understanding of municipal governance, land use planning, and public consultation processes. At Fasken, we guide clients through this complex landscape with clarity and confidence, ensuring their projects align with local planning goals while minimizing legal risks and delays.

Urbanism and Land Use Planning

Québec’s urban planning regime is governed by the Act respecting land use planning and development (Loi sur l’aménagement et l’urbanisme), which grants municipalities and regional county municipalities (MRCs) the authority to adopt and enforce zoning, subdivision, and site planning bylaws. Our team works closely with developers and institutional clients to interpret these regulations and secure the necessary approvals for development.

We provide legal support for:

  • Zoning compliance and amendments
  • Urban planning bylaws and regulatory interpretation
  • Site planning, subdivision, and architectural integration
  • Public consultation and citizen engagement

Our lawyers are trusted advisors to some of the most prominent real estate developers in Québec, providing guidance both during the pre-development phases of their projects and in the development of long-term strategies.

Strategic Representation and Dispute Resolution

When disputes arise—whether over zoning, land use, municipal enforcement, or disguised expropriation —our team is prepared to represent clients before administrative tribunals and Québec courts. We have extensive experience in:

  • Challenging or defending zoning decisions
  • Contestation of permit refusals or conditions
  • Municipal enforcement actions
  • Legal actions for damages arising from municipal misconduct or instances of disguised expropriation
  • Negotiating with public authorities

Our goal is to resolve conflicts efficiently while protecting your development rights and long-term interests.

Team

Primary Contacts
  • Guillaume Pelegrin, Partner | Litigation and Dispute Resolution, Montréal, QC, +1 514 397 7411, [email protected]
  • Frédéric Legendre, Partner | Litigation and Dispute Resolution, Montréal, QC, +1 514 397 7616, [email protected]
  • Mina Bakkioui, Partner | Litigation and Dispute Resolution, Montréal, QC, +1 514 397 7656, [email protected]
  • Marilou Simard, Associate | Litigation and Dispute Resolution, Montréal, QC, +1 514 397 5237, [email protected]
Guillaume Pelegrin, Partner | Litigation and Dispute Resolution Guillaume Pelegrin Partner | Litigation and Dispute Resolution Montréal, QC +1 514 397 7411
Frédéric Legendre, Partner | Litigation and Dispute Resolution Frédéric Legendre Partner | Litigation and Dispute Resolution Montréal, QC +1 514 397 7616
Mina Bakkioui, Partner | Litigation and Dispute Resolution Mina Bakkioui Partner | Litigation and Dispute Resolution Montréal, QC +1 514 397 7656
Marilou Simard, Associate | Litigation and Dispute Resolution Marilou Simard Associate | Litigation and Dispute Resolution Montréal, QC +1 514 397 5237

Knowledge

  • Commentary on the Decision in Jean c. Municipalité de Saint-Stanislas-de-Kostka: Superior Court Condemns Municipal Bad Faith and Upholds Landowners’ Legitimate Expectations, 3/19/2026
  • Court of Appeal Renders a Key Decision Recognizing the Right of Litigants to Contest the Validity of a Municipal By-Law for Non-Conformity with a Regional County Municipality’s Land Use Planning and Development Plan, 1/24/2024
  • Bill 22's Reform of Expropriation Law in Quebec: A Deviation from Property Rights and Quebec's Downgrade in Relation to the North-American Standard, 10/2/2023
  • An option to purchase clause is in your lease: do you really know your rights?, 5/15/2023
  • The Choice of Recourse in a Disguised Expropriation Matter is Formally Recognized by the Superior Court of Québec in the Case of Sommet Prestige Canada Inc. v. Ville de Saint-Bruno-de-Montarville., 4/6/2023
  • Comment on SBFD inc. v. Ville de Saint-Augustin-de-Desmaures: Heritage Conservation is not a Public Objective Justifying Disguised Expropriation, 3/9/2023
  • An “Advantage” Over Land – Supreme Court Broadens Criteria for Constructive Taking, 10/31/2022

Events

  • Latest Developments in Municipal and Administrative Law, 5/22/2024
  • Summit on Municipal and Expropriation Law, 11/22/2023
  • Reform of the act respecting land use planning and development and new authorities, 6/7/2023
  • Sommet-en-droit-municipal-et-urbanisme, 11/15/2022

News

  • The Legal 500 UK 2014: 14 Fasken Martineau lawyers ranked, 10/9/2014
  • Strongest results ever from Best Lawyers: Fasken Martineau improves ranking in 2015 edition, 9/4/2014
  • Fasken Martineau advises Drapers’ Academy on two major transactions, 7/1/2014
  • Edmond Luke is interviewed by CNC about Chinese investment in Vancouver, 4/13/2014
  • Financial Post quotes Martin Emmons on investment in Canadian real estate by foreign retailers, 3/28/2014

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