Buying a New Freehold Home? Tarion's 45-Day Notice Rule

Published October 3, 2026 · Meysami Law Professional Corp. · Ottawa

A new Ontario requirement now belongs on the calendar of some Ottawa new-home buyers. For an Agreement of Purchase and Sale signed on or after April 1, 2026, a purchaser of a new freehold home must notify Tarion within 45 days. This is not a general registration rule for every resale, condominium or custom-home transaction. Identify the type of purchase and the agreement date before relying on this guide.

Confirm that the rule applies to the purchase

Tarion states that the notice requirement applies to purchasers of new freehold homes who enter an Agreement of Purchase and Sale with a vendor or builder on or after April 1, 2026. Tarion's Q&A says condominium purchasers and contract or custom-home purchasers are not included in this particular notice change. A resale freehold is also different from a new home bought from a vendor or builder. Give the lawyer the complete agreement so the transaction can be classified correctly.

Count 45 days from the agreement

Record the date the Agreement of Purchase and Sale was entered into and calculate the notice date from that event. Do not substitute the closing date, occupancy date or the date a deposit instalment is due. If amendments or assignments create uncertainty about the relevant agreement or purchaser, obtain transaction-specific advice promptly rather than waiting until closing.

Use Tarion's registration process and keep proof

Tarion provides an online purchase-registration process. The requested information includes purchaser contact information, the vendor or builder, the property and the deposit paid. Tarion says a lawyer, real estate representative or other representative may help or provide notice on the purchaser's behalf. The purchaser should still confirm that the notice was completed and retain the confirmation with the signed agreement and deposit records.

Understand the deposit-protection transition

Tarion says purchasers continue to have deposit protection and full construction-warranty coverage whether or not notice is provided. Its current Q&A also says the changes to deposit-coverage treatment are deferred until January 1, 2027 while the April 1, 2026 notice requirement remains in effect. A late or missing notice should therefore be discussed using the current Tarion rules and the facts of the agreement; do not treat this article as a coverage opinion or assume that a missed date has no consequence.

Check the vendor or builder separately

The notice process allows Tarion to verify whether the vendor or builder is licensed and selling legally, but buyers should not postpone their own checks. Search the Ontario Builder Directory, compare the legal name in the agreement and keep a copy of the result. Registration, licensing, deposit protection, warranty coverage and the contractual right to terminate are separate questions.

Add the notice to the legal-review checklist

For an Ottawa new-build freehold purchase, bring the signed agreement, schedules, amendments, deposit receipts, vendor information and the Tarion confirmation to the lawyer. Ask about the cooling-off or condition provisions that actually appear in the agreement, critical dates, adjustments, financing, title and closing requirements. Completing the Tarion notice does not replace review of the contract or other deadlines.

This article is general information as of October 3, 2026, not legal, tax or financial advice. Rules and circumstances can change. Contacting the firm does not create a lawyer-client relationship.