Forty-five land owners who dreamed of building a chalet or a house in the countryside are caught between the Municipality of Val-des-Lacs, which refuses to issue building permits, and the bankrupt project promoter, who refuses to carry out the work necessary to ensure the conformity of the paths leading to the different lots. The owners are now considering taking the matter to court. They estimate the overall damage suffered at nearly $8 million.
In January 2024, Pierre Bastien purchased two lots from VDL inc., the promoter of the Borea project: a first land, paid for $75,000, on which he planned to build his main residence, then another, paid for $65,000, which he thought he would leave it to his children as an inheritance. Work on the first site was to begin in June.
“$140,000 was a big part of my savings,” explains Duty the 76-year-old retiree about his investment in this project located on the heights of Val-des-Lacs.
But in March, the Municipality decided to no longer issue building permits to owners of plots in the Borea project. Mr. Bastien must then cancel the planned work and is forced to compensate the contractor.
“In the meantime, I put my two plots of land up for sale, but I did not receive a single offer. As the land cannot be built on, it is worth almost zero,” he laments.
No building permit
Like Pierre Bastien, there are a total of 45 owners who have spent between $50,000 and $190,000, plus taxes, to purchase land in the mountains in Val-des-Lacs.
Located 30 minutes from Mont-Tremblant, the main advantage of the 74 plots is their size, from 2 to 5.5 acres, and above all the beautiful view offered by the most expensive lots, located on the heights of the site. And as municipal zoning in this location allows short-term rentals, the Borea project has convinced many investors.
In total, 55 plots of land have found buyers, with some owners having purchased up to four. Except that the owners’ dream project suddenly turned into a nightmare.
After having issued five building permits in recent years, the Municipality of Val-des-Lacs informed these owners last March that municipal regulations prevented the issuance of new permits. The non-compliance of certain access paths would be the cause.
“Although municipal regulations currently prevent construction permits for project lots that are not served by compliant streets, we will notify you as soon as an agreement is reached with the developer in order to correct the situation,” he said. – she explained in a press release dated March 27, 2024.
Contacted twice by Dutythe general director and clerk-treasurer of Val-des-Lacs, Caroline Champoux, refused to answer our questions.
“The file is being studied with our lawyers to find solutions, we will not make any comments for the moment,” she responded by email.
The developer goes bankrupt
In response, the developer VDL, who had 19 plots of land left to sell, had several expert reports carried out to try to prove the conformity of the said roads. The two studies that Duty was able to consult show that the majority of roads are deemed “compliant” or “acceptable”, even if certain partial reconstruction work is recommended to ensure compliance with municipal regulations.
“There were things to correct, we were ready to collaborate,” explains Pierre Ferland, investor and responsible for the file for VDL. The developer took over the project in 2018 from the initial developer, Développements Tremblant Nord, who was in default of payment.
VDL nevertheless placed itself under the protection of the bankruptcy law, on October 7, in order not to have to pay the costs generated by bringing the roads into compliance.
“It’s not just a financial question, it’s a question of collaboration, logic and consistency. Discussions with the Municipality have been extremely complicated for four years,” says Pierre Ferland, who nevertheless speaks of a major sum of $1 million “at a minimum” to be injected to bring the roads into compliance.
He thinks that VDL has nothing to reproach itself for in this matter, particularly with the owners.
“Do we understand the owners’ distress? Absolutely. Does the Municipality understand the owners’ distress? I don’t know. »
“Their land is no longer worth anything”
“The Municipality had authorized the subdivision of each piece of land, it had collected the park fees [une contribution financière versée lors d’une demande de permis de lotissement ou de construction] on all land,” says Patrick Fargnoli, real estate broker for Re/Max who obtained an exclusive contract from VDL for the sale of around fifty lots.
Hydro-Québec completed the project’s electrical network in December 2023, he recalls. “She connected five properties [les cinq à avoir obtenu un permis de construire] in December 2023. We sold land until February 2024,” continues Mr. Fargnoli, who does not understand why the Municipality backed down.
“People did not invest only in land, they invested in surveying, in soil studies, in land development… until the last minute,” he says. There are dozens of owners who are taken hostage. Technically, their land is no longer worth anything. »
Contacted by Dutyurban planner David Alfaro Clark explains that if a municipality issues a subdivision permit, as is the case for the Borea project, it is because it considers that everything is compliant so that we can build on it. “To make the subdivision [diviser un terrain en lots]you must obtain a permit from the Municipality. There, she checks whether the operation complies with the regulations. » It is therefore only after this step that the sale of the lots can begin.
“The Municipality did not do its job”
To get out of the impasse they find themselves in today, the owners have decided to form an association and take the matter to court.
“The City has never communicated anything to us, we have never had any explanations from them. Yet it is his responsibility. The Municipality did not do its job,” says an owner, who asked that his identity be kept secret due to his professional activity. The latter spent $175,000 for land.
“It’s money wasted down the drain! » he laments.
The latter estimates the total loss for the owners at nearly $8 million, only in loss of value. A sum to which must be added the numerous additional costs (surveying, soil studies, earthworks, etc.).
The owners don’t understand
All owners with whom Duty interviewed consider the situation incomprehensible and particularly stressful.
This is the case, for example, of Jocelyn Brisebois, the first owner to have built a house, in 2023, “at the top of the mountain”. A house estimated by the Municipality at $800,000, but which risks devaluing if other building permits are not issued to the owners of the Borea project.
This is also the case for Bertrand Roy, who says he is in “an unbearable and incomprehensible situation” in the face of the attitude of the City.
Finally, the same story goes for Julien Nolin, an architect who had chosen to set up his business on the Borea estate, but who ultimately changed his mind.
“Our first models had to be built on the estate, to promote the region, which I greatly appreciate,” he explains.
The latter sees the situation as “a missed opportunity for the City”, he who wanted to contribute to the local economy by attracting new residents and “vitalizing its community”.
