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Buying Pre-Construction in Canada: How It Works, Risks & Mortgage Guide

Updated

Buying pre-construction can be a way to get into the market at today’s prices and spread your down payment over time. But it comes with unique risks that resale buyers don’t face — construction delays, changing mortgage rates, occupancy fees, HST surprises, and the possibility of closing on a unit worth less than you paid. Here’s everything you need to know.

How the pre-construction buying process works

Stage Timeline What Happens
Purchase Day 1 Sign the Agreement of Purchase and Sale (APS), pay initial deposit
Deposit installments Months 1–24 Pay remaining deposits per the schedule (typically 15%–20% total)
Cooling-off period 10 days (Ontario condos) You can cancel without penalty during this period
Construction 2–5 years Developer builds the project
Pre-delivery inspection (PDI) Before occupancy Walk through your unit and note deficiencies
Interim occupancy Varies (condos) Move in but don’t own yet — pay occupancy fees
Final closing After registration Title transfers, mortgage funds, you become the legal owner

Deposit structure

Payment Timing Typical Amount
Initial deposit On signing $5,000–$10,000
First installment 30 days 5% of purchase price
Second installment 90–180 days 5% of purchase price
Third installment 365 days 5% of purchase price
Fourth installment (sometimes) 540 days or on occupancy 5% of purchase price
Total deposits Over 12–24 months 15%–20% of purchase price

Example: $600,000 pre-construction condo

Payment Amount Running Total
On signing $5,000 $5,000
30 days: 5% $30,000 $35,000
180 days: 5% $30,000 $65,000
365 days: 5% $30,000 $95,000
Total (15.8%) $95,000

Deposits are held in trust by the developer’s lawyer. If the developer goes bankrupt, TARION (in Ontario) protects deposits up to $20,000 per unit.

Mortgage considerations for pre-construction

Factor Details
When you need the mortgage At final closing, not at signing
Rate lock You cannot lock in a rate years in advance — you get the rate available at closing
Qualification You must qualify at closing based on your income, credit, and debt at that time
Stress test The stress test rate at closing applies
Interest rates Could be higher or lower than today — a significant risk
Pre-approval Get pre-approved before signing to confirm you can likely qualify, but this is not a guarantee

The interest rate risk

Scenario Today’s Rate Rate at Closing (3 years later) Monthly Payment ($500K mortgage)
Rates fall 4.50% 3.50% $2,495 → $2,245 (saves $250/month)
Rates stable 4.50% 4.50% $2,495 (no change)
Rates rise 1% 4.50% 5.50% $2,495 → $2,763 (+$268/month)
Rates rise 2% 4.50% 6.50% $2,495 → $3,044 (+$549/month)

A 2% rate increase on a $500,000 mortgage adds $549/month — or $32,940 over a 5-year term. This is the single biggest financial risk of buying pre-construction.

Interim occupancy (condos only)

In Ontario, you may move into your condo before the building is registered with the land titles office. During this period, you pay occupancy fees instead of mortgage payments.

Component Approximate Monthly Amount
Interest on the balance owing Varies (based on purchase price minus deposits)
Estimated property tax ~$200–$400/month
Estimated maintenance/condo fees ~$300–$600/month
Total occupancy fees $1,500–$3,500/month

You do not build equity during interim occupancy. You are essentially renting your own unit from the developer while the building completes registration. This period can last 3–18+ months.

HST on pre-construction homes

Property Type HST Included in Price? HST New Housing Rebate
Condo (Ontario) Usually yes (builder includes and claims rebate) Up to $24,000 (if primary residence)
Detached house (Ontario) Sometimes — always confirm Up to $24,000 (if primary residence)
Investment unit (not primary residence) Builder usually includes HST You must repay the rebate ($24,000+)
Townhouse Varies by builder Confirm in writing

HST rebate clawback risk

If the builder claimed the HST new housing rebate on your behalf but you do not move in as your primary residence (e.g., you rent it out immediately), the CRA will require you to repay the rebate — up to $24,000 in Ontario.

Scenario HST Rebate
You move in as primary residence Rebate applies — no issue
You rent it out from day one Must repay rebate to CRA ($24,000+)
You assign the contract before closing May have tax implications — consult an accountant

Assignment sales

Factor Details
What it is Selling your purchase contract to a new buyer before closing
When it happens During the construction/pre-closing period
Developer consent Usually required — check your APS
Assignment fee $3,000–$10,000+ (charged by the developer)
Profit Difference between your purchase price and the assignment price
Tax Assignment profits are fully taxable — may be treated as income (not capital gains)
HST on assignment May be applicable — consult a tax accountant

→ See: House Flipping Taxes in Canada

Risks of buying pre-construction

Risk Details Mitigation
Construction delays 1–3+ years beyond the estimated completion date Budget for delays; don’t rely on a specific move-in date
Interest rate changes Rates could be significantly higher at closing Stress-test your budget at higher rates before signing
Financial situation changes Job loss, income change, or new debts before closing Maintain stable employment and avoid new debt
Unit differs from model Final unit may have different finishes, views, or layout Review the APS carefully — the model suite is not a guarantee
Developer bankruptcy Rare but devastating — deposit protection is limited Research the developer’s track record; TARION protects up to $20,000 in Ontario
Market decline Property could be worth less at closing than you paid Have a long-term plan — don’t rely on immediate appreciation
Capping of condo fees Developers set initial condo fees low; they rise significantly after the first year Budget for 30%–50% fee increases after the first year
Deficiencies Quality issues discovered at PDI or after move-in Document everything at PDI; TARION warranty covers structural defects

Pre-construction buyer checklist

  • Research the developer (track record, past projects, financial stability)
  • Hire a real estate lawyer experienced with pre-construction
  • Read the entire APS — especially the clauses on delays, assignment, and HST
  • Understand the deposit schedule and ensure you can meet each payment
  • Get pre-approved for a mortgage (understanding it’s not a guarantee for closing)
  • Stress-test your budget at 2%+ higher interest rates
  • Budget for interim occupancy fees (condos)
  • Confirm whether HST is included and under what conditions
  • Review TARION warranty coverage (Ontario)
  • Attend the pre-delivery inspection and document all deficiencies