Closing & Conditions · May 16, 2026 · 3 min read
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AZ Real Estate Partners

Closing · PDI · Tarion · Final Closing

Ontario Pre-Construction Final Closing: Complete Process & Pitfall Guide

From APS to final closing usually takes 3–5 years. It’s the last 12 months that matter most: PDI inspection, interim occupancy, mortgage activation, HST settlement, title transfer. Any one of these going sideways can put your six-figure deposit at risk. This guide walks the timeline.

Two-Stage Close
PDI
Tarion Warranty
Cash Checklist

How does Ontario pre-construction closing actually work?

According to HCRA / Tarion (2024), Ontario pre-construction closes in two distinct stages: Interim Occupancy (you move in but don’t own the title) and Final Closing (the actual title transfer). The gap is typically 6–18 months. The key milestones are: (1) Tentative occupancy notice 90 days out → (2) Confirmed occupancy date → (3) PDI inspection 7–30 days before move-in → (4) Interim occupancy → (5) Condo registration → (6) Final closing. Each milestone has specific legal obligations, Tarion protections, and financial risks. Most first-time pre-construction buyers don’t realize they need $40,000–$80,000 in cash on final closing day, on top of any mortgage down payment. This article walks the timeline.

Stage 1: 90 Days Before Closing

1

Tentative occupancy notice

The builder must issue a tentative notice at least 90 days before occupancy. This notice is Tarion-mandated and sent via your lawyer.

What to do immediately:
• Confirm receipt date with your lawyer
• Restart final mortgage approval (pre-construction pre-approvals from years ago are expired)
• Schedule the PDI
• Prepare cash for occupancy day (first month occupancy fee, adjustments, moving costs)

Common trap: the builder may push back the occupancy date again. Tarion’s Delayed Closing/Occupancy rules allow up to 2 delays of 120 days each. Beyond that cap, you have the right to cancel the contract and recover your full deposit (excluding builder credits).

Keep every written notice — these documents are essential evidence for any Tarion claim.

2

Final mortgage activation

This is the biggest risk in pre-construction closing. The pre-approval you received when you signed the APS 3–5 years ago has long expired. The new approval may face:

Rate increase: 3.5% five-year fixed when you signed → 5.5% now means 30%+ higher monthly payments
Appraisal drop: bought at $700,000, current market $620,000. The bank lends 80% of appraised value — you cover the $64,000 gap in cash
Income drop: job loss, career change, retirement — the income that qualified you before may not anymore
Policy changes: stress test rate hikes, down-payment ratios, foreign buyer restrictions

If financing falls through, the builder won’t wait — under the APS, you must close. Failure to close: deposit forfeit (10–25%), builder can sue for damages, credit history hit.

Mitigation: start working with your mortgage broker 6 months before occupancy. Have Plan B funding ready (HELOC, family bridge loan, second mortgage).

3

Final HST path decision

Stage 2: PDI (Pre-Delivery Inspection)
1

PDI’s legal weight

2

PDI must-check list

3

The two follow-up windows after PDI

Stage 3: Interim Occupancy
1

Occupancy fee components

2

Can I renovate or rent during interim occupancy?

3

What is condo registration?

Stage 4: Final Closing Day
1

Final closing cash checklist

2

Your lawyer’s role on closing day

3

Final review: line-by-line APS check

closing costs, can be refused by your lawyer until the builder proves it’s legitimate.

Don’t rush to sign on closing day. Insist your lawyer send the statement of adjustments 48 hours in advance for your review.

My advice: run a “cash + mortgage + legal” 3-track audit starting 6 months before closing

Three closing risks buyers most often miss

  • Development charges over cap: builder bills $25,000 but APS cap is $15,000 — your lawyer can recover the over-charge.
  • Renovating / renting during occupancy: violates the APS, builder can declare default and seize deposit.
  • Missing the 1-year Tarion form deadline: must be filed before the occupancy anniversary, otherwise all 1-year defects (electrical, plumbing, HVAC, paint) lose coverage.

Frequently Asked Questions

What’s the difference between Interim Occupancy and Final Closing?

Interim Occupancy is stage one of pre-construction closing — the building is complete but condo registration isn’t done yet. You get keys and move in, but title is still with the builder and you pay monthly occupancy fees. Final Closing is the actual title transfer — condo registration completes, ownership transfers to you, your mortgage funds, HST is settled, and all closing costs are paid in one shot. The gap between the two is typically 6–18 months, during which you cannot sell the unit to a third party because you don’t legally own it yet.

What is the Occupancy Fee — can I skip it?

The Occupancy Fee is the monthly payment to the builder during interim occupancy. Three components: (1) interest on the unpaid balance × Bank of Canada 5-year rate; (2) estimated condo maintenance fees; (3) estimated property tax. None of this money goes to mortgage principal, the home price, or condo reserve fund — and it isn’t tax-deductible unless you’re renting it out. Skipping it triggers default: the builder can keep your deposit (10–20%) and sue. Legally there’s no way around it — but you can shorten the occupancy period: request early final closing or assign to a third party (mind the HST implications).

What does a PDI (Pre-Delivery Inspection) actually check?

The PDI is Tarion’s mandatory pre-occupancy inspection, usually 7–30 days before move-in. Check: (1) every appliance powers on and runs; (2) plumbing/electrical/HVAC functional; (3) paint/floors/cabinetry/tile free of defects; (4) windows/doors/balcony intact; (5) HVAC working in both heat and cool modes. Every issue must be written into the Tarion Certificate of Completion and Possession (CCP). The 30-day form and 1-year form are the follow-up windows for catching missed defects. Hiring a professional inspector ($300–$500) typically uncovers 20–50 issues vs. 5–10 if you go alone. A thorough PDI runs 2–4 hours.

What does Tarion warranty cover?

Tarion is Ontario’s government-backed new home warranty, structured in three tiers: (1) 1-year warranty — all manufacturing and material defects (appliances, tile, paint, HVAC); (2) 2-year warranty — major systems including electrical, plumbing, heating, exterior windows; (3) 7-year warranty — major structural defects (foundation, load-bearing walls, roof structure). All condo developers must now be registered with HCRA (Home Construction Regulatory Authority). Note: builder upgrades and cosmetic damage from move-in are not Tarion-covered.

How much cash do I need on Final Closing day?

Beyond the purchase balance, the main closing costs are: (1) Land Transfer Tax (LTT) — both Ontario and Toronto LTT inside the 416, roughly 2–4% combined; (2) Net HST (after NHR/NRRR rebate); (3) Development Charges / Education Levies — typically $10,000–$25,000, with a cap normally written into the APS; (4) Tarion Enrollment Fee — one-time $400–$1,500; (5) Legal fees $1,500–$3,500; (6) Statement Adjustments (utility deposits, prorated maintenance); (7) Title Insurance $400–$800. For a typical $700K pre-construction unit, final closing day requires $40,000–$80,000 in cash, excluding mortgage down payment.

Pre-construction closing coming up and need a walkthrough?

I’ve guided hundreds of pre-construction closings — $400K studios to $3M penthouses. One call and I’ll map your specific situation: cash-flow timeline, mortgage activation strategy, HST path, PDI priorities, APS risk clauses. Planning 6 months ahead routinely saves clients $20,000+ vs. last-minute scrambling at closing.

Arthur Zhao · Real Estate Broker

FRI · ABR · SRS · PSA · MCNE · E-PRO · GUILD Elite · VP & Branch Manager, Bay Street Group Inc.

📞 416-888-6161  ·  🌐 arthurzhao.realtor  ·  ✉️ arthurzhaorealtor@gmail.com


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作者简介About the author
Arthur Zhao
Real Estate Broker · FRI · ABR · SRS · PSA · MCNE · E-PRO · GUILD Elite
VP & Branch Manager, Bay Street Group Inc.

为大多伦多地区客户服务的双语经纪。专注于为首购、投资者和跨境家庭提供有结构的策略。先看透,再落笔。Bilingual broker serving the Greater Toronto Area. Specialty: structured strategy for first-time buyers, investors, and cross-border families. Knowledge before commitment.

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