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

Updated

Buying pre-construction means signing to buy a home, usually a condo or a new house in a subdivision, before it is built. You lock in the price and spread the deposit over the build, but you take on risks a resale buyer doesn’t: construction delays, mortgage rates that can change before closing, interim occupancy fees, HST and rebate rules, and the chance of closing on a home worth less than you agreed to pay. This page covers the process, deposits, mortgage timing, interim occupancy, HST and Tarion coverage. It is part of our guide to property types in Canada; for a resale unit, see buying a condo in Canada.

How the pre-construction buying process works

StageTimelineWhat Happens
PurchaseDay 1Sign the Agreement of Purchase and Sale (APS), pay initial deposit
Deposit installmentsMonths 1–24Pay remaining deposits per the schedule (typically 15%–20% total)
Cooling-off period10 days (new Ontario condos)You can cancel and get your deposits back (see below)
Construction2–5 yearsDeveloper builds the project
Pre-delivery inspection (PDI)Before occupancyWalk through your unit and note deficiencies
Interim occupancyVaries (condos)Move in but don’t own yet; pay occupancy fees
Final closingAfter registrationTitle transfers, mortgage funds, you become the legal owner

Ontario’s cooling-off period for new condos. A buyer of a new condo from the developer in Ontario can cancel by written notice that the developer (or its lawyer) receives within 10 days of the latest of getting the disclosure statement, the condominium guide and a copy of the signed agreement, and gets back all the money paid toward the price, with interest. Other provinces set their own rules for new-home purchases; your lawyer can confirm which apply to your agreement.

Deposit structure

PaymentTimingTypical Amount
Initial depositOn signing$5,000–$10,000
First installment30 days5% of purchase price
Second installment90–180 days5% of purchase price
Third installment365 days5% of purchase price
Fourth installment (sometimes)540 days or on occupancy5% of purchase price
Total depositsOver 12–24 months15%–20% of purchase price

Example: $600,000 pre-construction condo

PaymentAmountRunning 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

In Ontario, a condo builder must hold your deposit in a trust account under the Condominium Act. If a deposit was not placed in trust and the builder fails, Tarion’s warranty protects up to $20,000 per condo unit. Freehold deposits are protected up to $60,000 (homes priced at $600,000 or less) or 10% of the price up to $100,000. (Source: Tarion.)

Mortgage considerations for pre-construction

FactorDetails
When you need the mortgageAt final closing, not at signing
Rate lockYou can’t lock in a rate years in advance; you get the rate available at closing
QualificationYou must qualify at closing based on your income, credit, and debt at that time
Stress testThe stress test rules in force at closing apply
Interest ratesCould be higher or lower than today, a significant risk
Pre-approvalGet pre-approved before signing to confirm you can likely qualify, but this is not a guarantee

The interest rate risk

The payments below are for a $500,000 mortgage over 25 years, with semi-annual compounding.

ScenarioToday’s rateRate at closing (3 years later)Monthly payment
Rates fall4.50%3.50%$2,767 → $2,496 (saves $271/month)
Rates stable4.50%4.50%$2,767 (no change)
Rates rise 1 point4.50%5.50%$2,767 → $3,052 (+$285/month)
Rates rise 2 points4.50%6.50%$2,767 → $3,349 (+$582/month)

A 2-point rise on a $500,000 mortgage adds about $582 a month, or $34,905 in higher payments over a 5-year term. Rate risk is a central 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.

ComponentWhat it covers
InterestInterest on the unpaid balance of the purchase price, at the rate set in the agreement or under the Condominium Act
Property taxAn estimate of the unit’s monthly property tax
Common expensesThe projected monthly condo fees for the unit

You do not build equity during interim occupancy. You are effectively renting your own unit from the developer until the building is registered, which can take several months or longer. Ask the builder for an estimate of the monthly occupancy fee before signing.

HST on pre-construction homes

In Ontario, the provincial part of the HST on a new home comes with a rebate of up to $24,000 if you buy it as your primary residence (or that of a relative). Builders usually include the rebate in the advertised price and claim it for you, so the price depends on your qualifying. The federal part of the GST/HST new housing rebate, and who qualifies for each part, are covered on that page.

For agreements signed from April 1, 2026 to March 31, 2027, Ontario’s temporary Enhanced New Housing Rebate raises the combined provincial rebate to as much as $80,000 on homes up to $1,000,000, phasing out by $1,850,000. (Source: CRA, Ontario Enhanced New Housing Rebate.)

SituationWhat happens with the rebate
You move in as your primary residenceThe rebate applies; the builder usually credits it in the price
You buy to rent outThe owner-occupier rebate doesn’t apply, so the builder charges you the rebate amount at closing; you can apply to CRA for the new residential rental property rebate (Ontario up to $24,000) if you rent it under a lease of at least 1 year
You assign the contract before closingHST applies to the assignment (below) and the rebate goes to whoever takes title

The agreement of purchase and sale states whether the price includes HST and assumes the rebate is assigned to the builder. (Source: CRA, New Residential Rental Property Rebate.)

Assignment sales

An assignment sale lets you sell your purchase contract to another buyer before closing, usually with the developer’s consent, which can come with a fee set out in your agreement. Since May 7, 2022, GST/HST applies to assignments of new homes (CRA GI-120), and the profit is generally taxed as business income; our guide to assignment sales in Canada covers the steps, the tax on each side and the costs.

Tarion Warranty (Ontario)

Coverage

ProtectionDetails
Deposit protection (condo)Deposit held in trust under the Condominium Act; warranty backup up to $20,000
Deposit protection (freehold)Up to $60,000 if the price is $600,000 or less; 10% of the price (up to $100,000) above that
Delayed closingCompensation if late
1-year warrantyDefects in work/materials
2-year warrantyWater penetration, electrical, etc.
7-year warrantyMajor structural defects

Limitations

LimitAmount
Deposit protection max (condo, backup to the trust account)$20,000
Deposit protection max (freehold)$60,000 to $100,000, tiered by price
Additional protectionSome extended warranties available
Not coveredMarket value changes

Risks of buying pre-construction

RiskDetailsMitigation
Construction delaysCompletion can slip well past the first estimated dateBudget for delays; check the delayed-closing terms and Tarion’s delay compensation
Interest rate changesRates could be significantly higher at closingStress-test your budget at higher rates before signing
Financial situation changesJob loss, income change, or new debts before closingThe lender rechecks income, credit and debts at closing
Unit differs from modelFinal unit may have different finishes, views, or layoutReview the APS carefully; the model suite is not a guarantee
Developer bankruptcyRare but serious; deposit protection has limitsResearch the developer’s track record; in Ontario, condo deposits must be held in trust and Tarion adds limited backup protection
Market declineProperty could be worth less at closing than you paidPlan to hold long term rather than relying on quick appreciation
Condo fees risingFirst-year condo fees are based on the builder’s estimated budget and often rise once the condo corporation sets its ownRead the disclosure statement’s budget; how condo fees change over time
DeficienciesQuality issues discovered at PDI or after move-inDocument everything at the PDI; Tarion’s 1-, 2- and 7-year warranties cover defects, systems and major 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)
  • Test your budget at higher interest rates than today’s
  • Budget for interim occupancy fees (condos)
  • Confirm whether HST is included, whether the price assumes the new housing rebate, and what happens if you rent the unit out
  • Review TARION warranty coverage (Ontario)
  • Attend the pre-delivery inspection and document all deficiencies

Sources

The figures and rules on this page come from these sources, last checked against them between September 25, 2026 and September 29, 2026. How we check facts.