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Snow falling off the roof · Guide

Owner's Liability When Snow Falls off the Roof

The Régie du bâtiment du Québec (RBQ) says it in one sentence. Every owner is responsible for the safety of the people who live in or visit their building. This page does not give legal advice. It tells you what you can do about snow falling off the roof, and who to ask about bylaws and insurance.

01

What the RBQ says

In its press release of February 26, 2025, the RBQ writes that ice and icicles at the edge of a building are a danger to pedestrians and cars. It asks the public to respect the safety perimeters set up by owners.

The press release says nothing about municipal bylaws, fines or insurance. We do not guess in its place.

02

Four steps within your reach

When you see snow falling off the roof, or about to, these four steps are done without climbing anywhere.

  1. Mark off the area. On your property, close the walkway under the roof edge with tape, cones or a barrier, while keeping well away from the wall, and put up a sign. For a public sidewalk, ask your borough first. The perimeter must cover the spot where snow and ice land, not only the base of the wall.
  2. Warn people. Notify your tenants, your co-owners and any neighbour whose yard, entrance or car sits under your roof. A written message leaves a record.
  3. Have it cleared. Ask us for a quote to clear the roof edge and remove the icicles. The area on the ground stays closed during the work.
  4. Keep records. Take dated photos of the roof and the perimeter. Note the dates the roof was cleared and keep the invoices and messages exchanged.
03

Who to ask

The rules differ from place to place and from contract to contract. Here is who to turn to.

  • Your borough. Ask what its bylaws say about snow and ice from a roof that overhangs a sidewalk or a lane, and whether you need permission to close part of the sidewalk.
  • Your insurer. Ask what your policy covers if snow from your roof injures someone or damages property, and what maintenance it expects from you.
  • A legal adviser. This is the right person if an accident has already happened or a dispute with a neighbour is building.
04

Rental buildings and condos

In a rented plex, reread the lease and its schedules to see what they say about clearing snow from entrances, balconies and stairs. If nothing is clear, talk to your tenants before winter, and consult a legal adviser about what a lease can provide.

In a condo, reread the declaration of co-ownership and talk to the syndicate. Ask who orders work on the roof and who pays for it.

FAQ

Frequently asked questions

Who pays if snow from my roof falls on a car?

We cannot tell you who pays. The answer depends on the facts and on your insurance policy. Take photos, note the date and time, then call your insurer.

Is safety tape enough?

No, safety tape only buys time. The perimeter keeps people away while snow or ice is still on the roof. The snow or ice still has to be removed, and then you can see whether snow guards would keep it from happening again.

Snow from my roof falls into my neighbour's yard. What should I do?

Talk to your neighbour first, and warn them in writing that the area should be avoided. Then have that side of the roof edge cleared. To find out what the bylaws say between neighbours, ask your borough or a legal adviser.

Do I have to clear the snow myself to protect passers-by?

Not by going up on the roof. The RBQ calls roof snow removal a risky operation. From the ground, the tool it names is a roof rake with a telescopic handle. For anything it cannot reach, write to us.

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