Can you sell a house with a septic system or a private well in Quebec?

Can you sell a Quebec house that is not on a municipal sewer or a municipal water service?

Yes. No sentence cited on this page forbids the sale because the house has a septic system, because it has a private well, or because it is not connected to a municipal sewer or a municipal water service. What the sale does not skip is saying what you know. The French official text of Q-2, r. 22 is up to date as of 1er juillet 2026 and says the document has official value. The English sentences below are the English section pages, for the versions those pages mark as in force. A notary reads the official text (Q-2, r. 22, section 2, version in force 2020-12-03).

Section 1 defines an isolated dwelling as a single or multi-family dwelling containing 6 bedrooms or fewer. That definition does not itself say “not connected to a sewer.” An older English definition on the same section page did. This page does not use the older sentence (section 1). Section 2 applies the regulation to the disposal of domestic waste water, grey water and toilet effluents from the buildings and the site it names if they are not connected to a sewer system authorized by the Minister under the Act, or if the watertight treatment system of those buildings or that site is connected to a municipal wastewater treatment works. Subparagraph a is an isolated dwelling. The same section also names other buildings and a camping and caravanning ground, each with a total daily flow that does not exceed 3,240 litres. This page is about a house. “3,240 litres” is the English section page. The French text writes “3 240 litres.” This page does not merge the two writings.

The fifth paragraph of section 2 says that, despite the foregoing, the standards relating to the installation of a system serving a building or site already built or developed do not apply if the domestic waste water, grey water and toilet effluents do not constitute a nuisance, a source of contamination of well or spring water used for drinking water supply, or a source of contamination of surface water, except in the cases referred to in the second paragraph of section 4. That paragraph is not a sentence about the deed. This page does not decide that a given house meets the nuisance test.

A Québec government page, updated 19 October 2026 and read in French, says municipalities are responsible for applying the wastewater standards for isolated dwellings, and that those standards aim principally at residential buildings not connected to a municipal sewer network. “Principalement” and “réseau d’égout municipal” are that page’s words. Section 2 is a sewer system authorized by the Minister, or a watertight treatment system connected to a municipal wastewater treatment works. This page does not merge them. The same page says municipalities also apply the construction standards for groundwater withdrawal facilities, most often facilities serving isolated dwellings or businesses not connected to a water-main network. “Le plus souvent” is that page’s phrase. Section 11 of Q-2, r. 35.2, in the French text, is the chapter’s scope. It is not that sentence. Houses on the edge of the Montreal area that are not on municipal services are in these texts when the connection test of the text is met. This page does not name a municipality. It has not read a municipal page that states which streets are off the network (Approvisionnement en eau et traitement des eaux usées, updated 19 October 2026, page in French).

What does Q-2, r. 22 say a permit covers?

Section 4 says every person intending to build a building referred to in section 2, or to develop a site referred to in that section, must, before starting the work required for that purpose, obtain a permit from the local municipality having jurisdiction in the territory in which the construction or development is to take place. A permit is also required prior to the construction of an additional bedroom in an isolated dwelling or a change in its use; an increase in the operating or utilization capacity of another building or site referred to in section 2, or a change in its use; the construction, modification, reconstruction, moving or enlargement of a discharge, collection or disposal installation for domestic waste water, grey water or toilet effluents serving a building or site referred to in section 2; the construction of a privy; and the installation of a compost toilet. Subparagraph c names one further operation on that installation. This page does not print that verb. The sale of the house is not in the list. Such a permit is not required for the reconstruction of a building referred to in section 2, or the redevelopment of a site, after a fire or other disaster, to the extent set forth in the fifth paragraph of section 3 (section 4, version in force 2020-12-03).

The municipality must issue a permit under section 4 if the project provides for the building or site to be equipped with a system that conforms to the regulation. It must also issue a permit if the work does not serve to increase the total daily flow of domestic waste water beyond the capacity of the system. When the application is for an additional bedroom, a change in use, or an increase in capacity that does serve to increase that flow beyond the system’s capacity, the municipality is to re-evaluate the standards or, as applicable, inform the applicant that the project is subject to section 22 of the Act. This page does not say the municipality must issue a permit in every other case. Section 4 does not apply to a municipality that has passed its own by-law providing for a municipal building or enlargement permit for a building, a site, or an installation covered by the section. In that case the municipality must issue that municipal permit in accordance with section 118.3.5 of the Act. In unorganized territories, the permits under section 4 are issued by the regional county municipality. No sentence in section 4 says the deed waits for a permit. This page does not ask anyone to apply for a permit.

How often does the regulation say a septic tank is emptied, and what is the municipality’s role?

Section 13, in the version the English page marks in force on 2020-12-03, says a septic tank referred to in the second paragraph of section 9.1, section 10 or section 11 that is used only seasonally must be pumped out at least once every 4 years. A septic tank referred to in those same provisions that is used year-round must be pumped out at least once every 2 years. Despite the foregoing, if a municipality provides a septic tank pumping service, a septic tank may be pumped out as provided in the first and second paragraphs or as indicated by the measurement of the scum or sludge layer. In the latter case, a septic tank must be pumped out when the thickness of the scum layer is equal to or greater than 12 cm or the thickness of the sludge layer is equal to or greater than 30 cm. The French text writes “vidangée,” not “pumped out,” and it writes “le mesurage de l’écume et des boues,” not “the scum or sludge layer.” The thresholds, 12 cm and 30 cm, are in both texts. This page does not merge “and” with “or,” and it does not merge “pumped out” with “emptied,” which is a word in an older English version of section 13. An older English version also wrote an annual inspection. The version in force on 2020-12-03 does not. This page does not use the older sentence (section 13).

Section 10 is a septic tank cast on site. Section 11 is a prefabricated septic tank. The second paragraph of section 9.1, in the French official text, is also a primary treatment system, in the cases that paragraph names, whose effluent is carried to a municipal wastewater treatment works. Section 13 names those tanks. It does not name every device in the regulation. No sentence in section 13 says the deed waits for a pumping. This page does not ask anyone to have a tank pumped out.

Section 3.2 of that French text says the owner or the user of a wastewater treatment system must see to its maintenance. An English text of section 3.2 in a 2015 consolidation is a shorter sentence, and the English section page opened for this page did not display the later paragraph. This page does not use the 2015 sentence as the rule in the French text now. Section 3.3 says the owner of a treatment system referred to in section 11.1, 16.1, 87.7 or 87.13 must at all times be bound by a contract with the manufacturer, its representative, or a qualified third person, stipulating that a minimum annual maintenance will be performed so as to reach the expected performance. The owner files a copy with the local municipality where the building or place referred to in section 2 is located. Those four sections are not section 10 and they are not section 11. This page does not say a septic tank under section 10 or 11 is one of the four. The preceding paragraphs of section 3.3 do not apply when the municipality performs the maintenance. No sentence in section 3.2 or 3.3 says the deed waits for a replacement or a contract, and this page does not ask anyone to maintain a system or to sign a maintenance contract (French official text, sections 3.2, 3.3, 9.1, 10 and 11).

Section 88 says it is the responsibility of every local municipality or regional county municipality referred to in section 4 to enforce and cause to be enforced the regulation and to make decisions on permit applications made under section 4. The French text writes “Il est du devoir,” not “responsibility.” This page does not merge them. Section 88 does not apply where a municipal by-law respecting a waste water disposal system for isolated dwellings was approved under section 118.3.3 of the Act. The Québec page of 19 October 2026 says municipalities may empty the septic tanks of any immovable on their territory, and may offer that service on a regular basis. “Peuvent” is that page’s word. Section 13 is the case where a municipality provides a pumping service. This page does not merge them. The same page says municipalities may install, maintain, or bring a septic installation up to the standards, and its note 12 names article 25.1 of the Municipal Powers Act. This page has not restated article 25.1. No sentence cited here says the choice of buyer erases section 13 or section 88, and this page does not ask anyone to contact the municipality or to have a tank emptied (section 88).

What does Q-2, r. 35.2 say about a private well, the distances, and a drilling report?

The French official text of the Water Withdrawal and Protection Regulation, Q-2, r. 35.2, is up to date as of 1er juillet 2026 and says the document has official value. Section 17, in the version the English page marks in force on 2025-11-01, says the construction of a groundwater withdrawal facility must, in addition, meet stated conditions. Subparagraph 1 says the facility must be located at a distance of 15 m or more from a watertight waste water treatment system. Subparagraph 2 says the facility must be located 30 m or more from a non-watertight waste water treatment system or, if the well is sealed in accordance with section 19, 15 m or more from such a system. Subparagraph 4 says the casing used for a drilled or excavated well must rise at least 30 cm above the ground level existing after earth-moving operations are completed. The distances in subparagraphs 1, 2 and 3 do not apply to two constructions the section names, if the person responsible for the facility obtains a hydrogeological notice signed by a professional justifying them. One of those constructions is the replacement or the substantial modification of a facility for the same use. This page does not decide that a given well meets that exception. No sentence in section 17 says the deed waits for a new well, and this page does not ask anyone to drill, move or seal a well (section 17).

Section 21 says the person who performed the construction work for a groundwater withdrawal facility, or the professional who supervised the work, must send to the Minister, within 30 days after the work is completed, a report containing the information listed in Schedule I certifying that the work complies with the standards set out in the regulation. A copy must also be sent to the person responsible for the facility and the municipality concerned within the prescribed time limit. The information recorded in the report is public information. The English section page says “a report.” It does not say “drilling report.” Schedule I of the French text, at paragraph 2, asks for the information for the preparation of the “rapport de forage.” Those are the schedule’s words. This page uses them because the French schedule prints them. Item 5 of that paragraph is the number of the permit issued by the municipality concerned. The schedule asks for that number. It does not, in the sentence read here, say that a permit must be obtained before the work starts (section 21, and Schedule I, French official text).

The ministry’s page on how to complete the drilling-report form, read in French, has a note under the municipal permit number: obtaining that permit is mandatory in order to start the work. The page does not print an update date in the text read here. The Québec page of 19 October 2026 says municipalities may require a permit for the installation, the replacement, or the substantial modification of a well. “Peuvent exiger” is that page’s phrase. “Obligatoire pour amorcer les travaux” is the form page’s note. Schedule I asks for the permit number. This page does not merge the three, and it does not say the deed waits for a permit or for the report, and it does not ask anyone to apply for a permit (Rapport de forage, page in French).

Section 11 of the French text says the chapter prescribes the standards for a groundwater withdrawal intended to serve, for human consumption, at most 20 persons or, for an industrial or temporary camp, at most 80 persons, and for a withdrawal of less than 75 000 litres per day for any other purpose. The French text writes “75 000 litres.” It does not apply to a facility authorized under section 22 of the Environment Quality Act, or to a withdrawal exempted under chapter Q-2, r. 17.1. Section 12 of that French text says that, for the chapter, the “aménagement” of a withdrawal facility includes its “implantation,” its substantial modification, or its replacement, and that a substantial modification includes, in particular, deepening a well, fracturing it, or sealing it. Section 105 says municipalities are responsible for the application of Chapters III and IV, and of sections 78 and 79, to the extent those provisions concern a water withdrawal or a geothermal system situated in a territory under the authority of the municipality concerned. The heading before section 11 in the French text is the installation of a groundwater withdrawal facility, and the note cites Chapter III. A water test you already have is a document you can hand over. Section 21’s report is not that test. No sentence cited here says the deed waits for a new test, and this page does not ask anyone to have the water tested (section 105).

What does the seller’s form ask about a septic system or a well?

On the French PDF read for this page, marked DV 00001 and V24, copyright 2012 and 2022, the answers are to your knowledge and in good faith. The form says it must be used when a brokerage contract for the sale of an immovable is made with a private individual, for a chiefly residential immovable of fewer than 5 dwellings, excluding divided co-ownership. On a sale that is not made under that contract, you still say what you know, in writing. How that sale runs is How do you sell a house without a real estate broker in Quebec?. The form says the person completing it may provide the available documents that support the answers, and it names, among them, documents attesting to the type of drinking-water supply and documents concerning the sanitary installations (Déclarations du vendeur sur l’immeuble, form DV, page in French).

The items below follow the French V24 wording. D9.8 asks whether the immovable is served by the municipality’s water-main services and, if yes, whether it is connected, whether that source is a drinking-water supply, and whether there have been problems with the quality or the quantity of the water. D9.9 asks whether the immovable is supplied by a source other than the municipal water main. If yes, the source includes an artesian well, a tubular well, a surface well, a sand point, a spring catchment, or another source you name. It asks whether the water from that source is drinkable, whether you have documents attesting to the quality and the quantity, and whether there have been problems with quality or quantity. D9.10 asks whether the immovable is served by the municipality’s sewer services and, if yes, whether it is connected. D9.11 asks whether the immovable has a wastewater system other than the municipal sewer. If yes, the type includes a tank with a leaching field, a sealed tank, a tank with a polishing field, or another type you name. It asks whether you have a plan that locates the system, how many bedrooms it is designed for, the year of installation, whether you have documents on the characteristics, the conformity and the year, whether emptying is up to the municipality, the date of the last emptying, whether you have documents on the emptyings and the maintenance, and whether you have received a notice of non-conformity. “Do not know” is a box for the year and for the date. D9.12 asks whether there have been problems with wastewater drainage and, if yes, names an odour, an overflow, or other.

What you can hand over, if you have it, is the type of system, the permit, a plan, the emptying records, the well records, including the report section 21 describes if you have it, a water test result if you have one, and any problem or notice you know about. If you do not have a paper, you say that you do not know. D9.11’s question on whether emptying is up to the municipality is the form’s question. It is not section 13. The form’s “sealed tank” is the form’s box. It is not, by itself, section 17’s watertight waste water treatment system. This page does not merge them. D15 is the clause number, the place, the year, and how the situation was dealt with, if it was. D14.5 asks whether, in addition to what is already mentioned, anything else could affect the value, the income, the expenses or the use. The form asks that question. This page does not answer it with a figure, and it does not say that a septic system or a private well raises or lowers a price. No sentence cited here says a certificate of location states the type of system, the date of the last emptying, or the result of a water test. The certificate page already cited is that document.

Can you sell with the house as it is, and without the legal warranty?

Two paths are not the same promise. You can sell with the house as it is, and say what you know, on the form when that form is used and in writing when it is not. Selling without the legal warranty is a clause in the promise and the deed. It does not cover a problem you knew and did not disclose. Section 4’s permit, inside the work that section lists, and section 13’s pumping of the tanks that section names, are the regulation’s. No page cited here says the deed, or the choice of buyer, erases them.

Article 1726 is the warranty of quality, in the text in force since 2014-05-01. The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them. The seller is not bound, however, to warrant against any latent defect known to the buyer or any apparent defect. An apparent defect is a defect that can be perceived by a prudent and diligent buyer without the need to resort to an expert (Civil Code of Québec, article 1726). This page does not decide that a septic system, a private well, or the lack of a paper, is a latent defect. Article 1728, in the text in force since 2014-05-01, says that if the seller was aware or could not have been unaware of the latent defect, he is bound not only to restore the price, but also to make reparation for the injury suffered by the buyer (article 1728).

Article 1732, in the text in force since 2016-04-06, says the parties may, in their contract, add to the obligations of legal warranty, diminish its effects or exclude it altogether but in no case may the seller exempt himself from liability for his personal acts or omissions (article 1732). Article 1733 says a seller may not exclude or limit his liability unless he has disclosed the defects of which he was aware or could not have been unaware and which affect the right of ownership or the quality of the property. An exception may be made to this rule where a buyer buys property at his own risk from a seller who is not a professional seller (article 1733). The exception is not a permission to stay silent. Éducaloi, on a page in French, says that if the warranty is excluded, it will be impossible to sue for a problem concerning a hidden defect, and the only remaining path is to show that the truth was voluntarily hidden on an aspect of the sale so important that you would not have bought, or in any event not at the same price. Éducaloi also says the legal warranty cannot be invoked for a problem declared in the seller’s declaration, and that it does not apply to what a pre-purchase inspection, an up-to-date certificate of location, or a search of the land register by a notary could reveal (Immobilier : acheter sans garantie légale, page in French). The OACIQ says the legal warranty waiver will not protect the seller against legal action for defects of which he was aware and which he should have disclosed (The legal warranty of ownership and quality). How the clause is written is the as-is page already cited. A notary or a lawyer reads the clause. This page does not.

A direct sale is a further path. Bruce Malcolm buys houses himself on the Island of Montreal and the surrounding areas. He holds no broker, agent or appraiser licence, and he is not an advisor. There is no inspection and no commission. An offer with no inspection condition does not, by itself, set aside the legal warranty of quality. You say what you know about the system and the well when you send the address: the type, whether you have a permit, the emptying records or that you do not have them, the well records, a water test if you have one, and any problem or notice you know about, or that you do not know. He does not empty a tank, he does not drill a well, he does not apply for a permit, and he does not test the water. The closing date is one you choose once the notary can sign. Sending the address starts a conversation (request an offer). The form does not commit you. A notary or a lawyer reads the deed.