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Grandfathered Cottages
Post date: Jun 3, 2026
In many cases older cottages do not respect current shoreline setbacks. In the event of destruction by fire or other catastrophe, there are municipal grandfathered rights that apply to rebuilding.
Attached is Chapter 14 of Municipal Zoning Regulation 113-2025 (including a translation), which outlines the rules for managing grandfathered rights (droits acquis) regarding non-conforming buildings, which are protected if they were duly authorized before becoming non-conforming (legal when built), and have not gone unused for 12 months.
If a principal building is non-conforming only regarding siting or setback distances, it can be rebuilt provided that
Reconstruction starts within 12 months.
Any floor-area expansion follows strict extension limits.
If the destroyed building encroached on the shore of a lake, reconstruction must be done outside the shoreline margin, unless impossible to do so while respecting applicable siting standards, in which case reconstruction must be done by minimizing the encroachment on the shore without worsening the initial siting.
The property complies with environmental laws, notably regarding water supply and sewage disposal.
In other words, a cottage that was too close to shore could be re-built on the same footprint only if there is no option to move it further away from the lake due to other setback or siting distances (roads, property lines, well, septic system), i.e., there is no fully-compliant or more-compliant location on the property. You can't move closer to shore, or worsen another setback to fix a shoreline setback.
Generally, the municipality cannot refuse rebuilding entirely. As a caveat, Quebec provincial regulation Q-2 r. 17-2 ("RMUN") prohibits on a lakeshore the reconstruction of a residential building required by flood damage.
The burden of proof is on an owner to show the original footprint, with solid evidence of where a building was. The municipality relies on a set of supporting documents, such as
building permits or authorization certificates
property assessment rolls
photographs (with dates)
notarial deeds or cadastral documents
a Certificate of Location prepared by a land surveyor
satellite images.
An up-to-date Certificate of Location (which includes any encroachments) is strong proof. It can be usefully supplemented by photos of the building from all sides, including the sub-structure (posts, slabs, etc.).
Absent proof of original footprint, the municipality could apply the concept of "least non-conforming location", requiring a location that creates minimum conflict with the zoning bylaw.
Owners have an option of submitting to the Municipality an application for an official letter (attestation) confirming whether or not they have acquired rights. The request is subject to a $150 fee. This process can provide clarification for owners and document their situation.
This is not a substitute for legal advice.