What's different about buying a condo or a pre-construction home in Ontario?
Condo resale adds a status certificate review to the usual closing work. Pre-construction condos come with a 10-day cooling-off period, occupancy fees before you own the unit, and deposit protection through Tarion.
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On this page
- What is a status certificate and why does my lawyer need it?
- What is the 10-day cooling-off period for pre-construction condos?
- What are occupancy fees, and why am I paying before I own the unit?
- How is my deposit protected if the builder runs into trouble?
- What is an assignment sale?
- What to do next
- Quick questions
What is a status certificate and why does my lawyer need it?
A status certificate is a package the condo corporation provides about its finances, rules, and money owing on the unit. The corporation must deliver it within 10 days of a request, for a fee capped at $100 including tax. Your lawyer checks it for red flags, like a low reserve fund or a lawsuit against the corporation. Get it reviewed early.
What is the 10-day cooling-off period for pre-construction condos?
Buying a new condo unit directly from a builder gives you 10 calendar days from receiving the full disclosure package to cancel for any reason, no explanation needed. The clock starts once you've received the agreement, disclosure statement, and condo guide, whichever is last. Cancel in writing and the builder must refund your deposit in full. Ontario has passed a law giving buyers of new freehold homes a similar 10-day cooling-off period, but it isn't in force yet (as of September 2026).
What are occupancy fees, and why am I paying before I own the unit?
With pre-construction condos, you often move in before the building is legally registered, called interim occupancy. You pay monthly fees covering estimated taxes, common expenses, and interest on the unpaid balance, but you don't hold title yet. Final closing, when you take ownership, happens once the building registers.
How is my deposit protected if the builder runs into trouble?
Tarion protects new home deposits up to set limits (as of 2026): freehold homes up to $60,000, or 10% of the price to $100,000 over $600,000; condo units up to $20,000. For now (September 2026), registering with Tarion doesn't change your deposit coverage: Tarion has deferred that effect to January 1, 2027. From then, freehold buyers need to have registered their purchase within 45 days of signing to keep the maximum coverage. Tarion has asked freehold buyers to register since April 1, 2026, so it's worth doing now. The registration requirement doesn't apply to condo purchases.
What is an assignment sale?
An assignment is selling your right to buy a pre-construction unit to someone else before your own closing. It needs the builder's consent, has its own tax rules, and both sides need their own lawyer.
Where to go from here
- Ask your lawyer to review the status certificate early.
- Calendar your 10-day cooling-off period once you get your disclosure package.
- Get your occupancy fee confirmed in writing before you move in.
People also ask
Can I get out of a pre-construction deal after the 10 days are up?
Generally only for a material undisclosed change to the disclosure documents, not simply changing your mind.
Does an assignment sale get taxed the same as a resale?
No. Assignments have their own tax treatment. Talk to your lawyer before assuming what applies.
Is a status certificate review optional?
Not legally required, but skipping it means buying blind.
What happens to my occupancy fees once the condo registers?
They stop. You move to final closing, where your mortgage funds and remaining balance are paid and title transfers.
Sources
- Condominium Authority of Ontario: Status Certificates
- Tarion: Coverage & claims before you move in
- Tarion: What is the new home warranty
- Miller Thomson: Homeowner Protection Act, 2024, new freehold home 10-day cooling-off period
- Bennett Jones: New Tarion Rule, why purchasers of new homes must register within 45 days
This page is general information about Ontario law as of September 2026. It isn't legal advice about your situation.