RTA · Condominium Property Regulation
Part 3 — .1
45.11 Contract with arm's length, qualified preparer - converted property study
developer shall enter into an arm's length contract with a
professional engineer or registered architect for the preparation of a
converted property study for the real and personal property of the
corporation, the common property and managed property.
(1.1) If the real and personal property of the corporation, the
common property and managed property require physical
modification other than to address normal wear and tear, the
contract referred to in subsection (1) must be entered into before
undertaking any physical modification.
(2) For the purposes of subsection (1), "professional engineer or
registered architect" includes a corporate entity if the corporate
entity, in preparing a converted property study, employs or
otherwise retains the services of a professional engineer or
registered architect for the purposes of preparing, signing and
stamping the converted property study.
(3) For the purposes of subsection (1), the following individuals
shall not enter a contract for or prepare a converted property study:
(a) a director, officer or employee of the developer;
(b) a professional engineer or registered architect otherwise
retained by the developer;
(c) any person with a financial interest in the sale of units that
are part of the conversion;
(d) a partner, employer or empl oyee of a person referred to in
clause (a), (b) or (c);
(e) the spouse or common-law partner or a child of a person
referred to in clause (a), (b) or (c).
(4) Despite subsections (1) and (3), where a contract for a building
assessment report was entered into before July 1, 2021, the
qualifications of a person to carry out the building assessment
report are governed by Part 3.1 as it read immediately before that
date.
Section 45.2 AR 168/2000
(5) Nothing in this Part precludes a professional engineer or
registered architect from
(a) engaging a person who is not a professional engineer or
registered architect to assist in the preparation of a
converted property study, or
(b) relying on information and documents prepared or
provided by a person who is not a professional engineer or
registered architect in the preparation of a converted
property study.
AR 138/2021 s8;23/2026