RTA · New Home Buyer Protection Act
1.1 Determination of protection period
in the case of a new home other than common property or common
facilities is,
(a) for a new home constructed by a residential builder on land
owned by the residential builder, where there is a transfer of
title to the land by the residential builder to the owner, the
10-year period beginning on the earliest of
(i) the date the new home is first occupied,
(ii) the date an accredited agency, accredited municipality or
accredited regional services commission grants
permission to occupy the new home, and
(iii) the date the transfer of title to the new home is
registered,
(b) for a new home constructed by a residential builder or an
owner builder on land owned by the owner or the owner
builder prior to permit issuance, the 10-year period
beginning on the earlier of
(i) the date the new home is first occupied, and
(ii) the date an accredited agency, accredited municipality or
accredited regional services commission grants
permission to occupy the new home,
and
(c) for a new home constructed by a residential builder on land
not owned by the owner, where there is no transfer of title to
the land by the residential builder to the owner, the 10-year
period beginning on the earlier of
(i) the date the new home is first occupied, and
(ii) the date an accredited agency, accredited municipality or
accredited regional services commission grants
permission to occupy the new home.
(2) Subject to subsections (5) and (6), the protection period in the
case of common property or common facilities in a building is the
10‑year period beginning when the title to an inhabitable unit in the
building or in a building in a phase of development of a
condominium is transferred from a residential builder to a
purchaser of a unit in an arm's length transaction.
(3) The protection period for a dwelling unit included in a
condominium plan registered in respect of a multiple family
dwelling originally built for rental purposes is deemed to be the
10-year period beginning on the earlier of
(a) the date the unit was first occupied as a rental unit, and
(b) the date an accredited ag ency, accredited municipality or
accredited regional services commission granted permission
to occupy the unit as a rental unit.
(4) The protection period for a dwelling unit on land subdivided by
a plan of subdivision, other than a condominium plan, registered in
respect of a multiple family dwelling originally built for rental
purposes is deemed to be the 10-year period beginning on the
earlier of
(a) the date the unit was first occupied as a rental unit, and
(b) the date an accredited ag ency, accredited municipality or
accredited regional services commission granted permission
to occupy the unit as a rental unit.
(5) The protection period for common property and common
facilities included in a condominium plan registered in respect of a
multiple family dwelling originally built for rental purposes is as
determined under the regulations.
(6) Despite section 2, subsections (1) and (2) apply only to new
homes constructed under a building permit applied for on or after
August 1, 2014.
2014 c5 s3;2017 c10 s3;2020 c39 s11;2025 c13 s3