What is it?
When you buy a home before it is built, the contract says when you can move in. For a condo this is called the occupancy date. For a freehold home (a house or townhouse where you own the land too) it is called the closing date.
These dates are written on the Statement of Critical Dates, the first page of the Tarion Addendum (a document that must be attached to every new-home purchase agreement in Ontario). Both you and the builder sign it. The statement sets more than a promised date: it also sets the rules for how the builder may move the date, and what you can do if it gets too late.
A pre-construction condo takes years to build, and the date can change several times. Tarion itself says condos take longer than freehold homes, so delays are more likely. That is why you need to know how to read this page.
The kinds of dates
The builder chooses either a firm date or a tentative date. Most condo projects start with a tentative date.
| Date | What it means | If it is missed |
|---|---|---|
| First Tentative Occupancy Date | The builder’s first estimate of when you can move in | Can be moved without compensation with 90 days’ written notice |
| Final Tentative Occupancy Date | The last tentative date, set within 30 days of roof completion | Can be moved once more (up to 120 days) with 90 days’ notice, by setting a firm date |
| Firm Occupancy Date | The date the builder commits to | $150 a day in delay compensation, up to $7,500 |
| Delayed Occupancy Date | A new date set after the firm date is missed | Compensation runs until this date |
| Outside Occupancy Date | The latest date agreed in the contract | You get a 30-day window to cancel |
Freehold homes use "closing date" instead of "occupancy date". A tentative closing date can be extended only twice, by up to 120 days each time. The outside closing date is 365 days after the firm date (or the second tentative date, whichever is earlier).
The rules for moving a date
- Written notice: to move a tentative date, the builder must tell you in writing at least 90 days before it. If the notice is late, that tentative date automatically becomes the firm date.
- Only up to the outside date: a condo builder can extend several times with 90 days’ notice each, as long as the outside date is not passed. So the outside date, not the first tentative date, shows how late things can really get.
- Calendar dates only: a "floating" date such as "30 days after registration" is not allowed. Dates must be business days.
- Changing dates by mutual agreement: if the builder sends you a form to change a date, read the Addendum first. Signing an amendment can mean giving up compensation you were entitled to. Show it to your lawyer before you sign.
If the firm date is missed: delay compensation
If you take occupancy after the firm occupancy date (or the firm closing date for a freehold home), or you cancel because of delay as the Addendum allows, you can claim delayed occupancy compensation from the builder. The maximum is $7,500.
Living expenses (meals and accommodation) are a fixed $150 a day, with no receipts needed. Real extra costs caused by the delay, such as moving and storage, can be added if you provide receipts. If the builder did not give you 10 days’ notice of the delay, you also get $1,500 ($150 × 10 days). The total is capped at $7,500.
You must claim from the builder within 180 days of your occupancy date (or the date you cancelled). If the builder does not pay, or you disagree on the amount, you can claim from Tarion during the first year of possession (or within 365 days after you cancelled).
If the outside date is missed: you can cancel
If the home is still not ready by the outside date, you get a 30-day Purchaser’s Termination Period. If you cancel in that window, you get back everything you paid (deposits, upgrades and so on) with interest, and you can also claim delay compensation.
You can also choose to wait. If prices have gone up since you signed, waiting may be better; if they have gone down, cancelling may be. Cancelling must be done within the window and in the right form, so do it with your lawyer.
Unavoidable delays are an exception
A strike, fire, explosion, act of God, war or terrorism, or a pandemic is an "unavoidable delay": something that is nobody’s fault. The builder may then push all dates back by the length of the delay without paying compensation. The builder must tell you when the delay starts and when it ends.
The detailed rules, including what counts as an unavoidable delay, are in the Addendum attached to your agreement. If the builder claims one, ask for the reasons in writing and check them against the Addendum with your lawyer.
Why can move-in slip by years?
- The first tentative date is only an estimate made at the sales launch, often before construction has even started.
- A condo builder can extend again and again with 90 days’ notice, right up to the outside date. In some contracts the gap between the first tentative date and the outside date is long, so always calculate that gap before you sign.
- Contracts also have early termination conditions: sales targets, project financing and municipal approvals. If a condition is not met by its date, the builder can cancel the whole project. The HCRA Condominium Information Sheet on the first page of the agreement warns you about this.
- So leave room when you end a lease or plan a move around a tentative date. A mortgage pre-approval will not last for years either; you will need a fresh one as occupancy gets close.
Example
You sign for a North York pre-construction condo in 2026. The Statement of Critical Dates shows a First Tentative Occupancy Date of June 15, 2028 and an Outside Occupancy Date of December 14, 2029. On March 10, 2028 (more than 90 days ahead) the builder gives written notice moving occupancy to December 1, 2028. No compensation is owed.
After the roof is finished, the builder sets March 1, 2029 as the Firm Occupancy Date. You actually move in on April 5, 2029, 35 days late. You can claim 35 × $150 = $5,250 for living expenses, plus $900 in storage costs with receipts, for a total of $6,150, within 180 days. The dates and amounts are only an illustration.
What the law and official sources say
Quotes are copied word for word. The "In plain words" lines are our explanation, not an official translation.
Every builder of a new condominium in Ontario must provide the delayed occupancy warranty to buyers at the time the purchase agreement is signed. Through this warranty your builder is guaranteeing that your condominium unit will be ready for occupancy by a mutually agreed upon Occupancy Date, or by an Occupancy Date that has been properly extended.In plain wordsEvery Ontario condo builder must give this warranty when you sign. It promises the unit will be ready by the agreed occupancy date, or by a date that was properly extended.
Source: tarion.com/condo-units-coverage-occupancy-dates-delays-cancellations · checked Oct 30, 2026
This is the latest date that your builder agreed to provide you with occupancy of your condominium unit. You and your builder agree upon this date at the time of signing the purchase agreement. Your builder may extend the Occupancy Date multiple times without paying compensation to you, however you must be given 90 days notice of each extension.In plain wordsThe outside date is the latest move-in date you agree to when you sign. Within it, the builder can extend several times without compensation, as long as you get 90 days’ notice each time.
Source: tarion.com/condo-units-coverage-occupancy-dates-delays-cancellations · checked Oct 30, 2026
If your condominium unit is not ready for occupancy by the Outside Occupancy Date, you have a 30-day period in which to terminate the agreement.In plain wordsIf the unit is not ready by the outside date, you have 30 days to cancel the agreement.
Source: tarion.com/condo-units-coverage-occupancy-dates-delays-cancellations · checked Oct 30, 2026
Delayed occupancy compensation up to a maximum of $7,500 is payable: … Delayed occupancy compensation for living expenses (meals and accommodation) is payable based on a fixed amount of $150 a day for each day of delay until the Delayed Occupancy Date or the date that the purchase agreement is terminated. Receipts for living expenses are not required. … In addition, if your builder fails to give you 10 days notice of an occupancy delay, you will be compensated in the amount of $1,500 ($150 x 10 days).In plain wordsCompensation is capped at $7,500. Living expenses are a flat $150 a day with no receipts. If the builder did not give 10 days’ notice, you get an extra $1,500.
Source: tarion.com/condo-units-coverage-occupancy-dates-delays-cancellations · checked Oct 30, 2026
This option allows your builder to extend the Closing Date twice, by up to 120 days each time, without paying compensation. … Notice of a delay beyond the First Tentative Closing Date must be given no later than 90 days before this date or the First Tentative Closing Date automatically becomes the Firm Closing Date.In plain wordsFor a freehold home, a tentative closing date can be pushed back twice, by up to 120 days each time, without compensation. Without 90 days’ notice, the date automatically becomes firm.
Source: tarion.com/freehold-contract-coverage-closing-dates-delays · checked Oct 30, 2026
Subject to the regulations, a person who has entered into a purchase agreement is entitled to receive payment out of the guarantee fund for a delay in, (a) occupancy of the home, as determined by the regulations; or (b) closing the purchase agreement, as determined by the regulations.In plain wordsSomeone who signed a new-home purchase agreement has a legal right to be paid from the guarantee fund (run by Tarion) for a delayed occupancy or closing, as the regulations set out.
Source: ontario.ca/laws/statute/90o31 · checked Oct 30, 2026
Common questions
Do I get compensation when a tentative date is moved?
No. A tentative date can be moved without compensation if the builder gives written notice at least 90 days ahead. Compensation starts only when the firm date is missed, or when you cancel because of delay.
When is the firm occupancy date set?
The builder can make the date firm from the start, or start with a tentative date and later set a firm one with 90 days’ notice. For a condo, the builder must set a final tentative date or a firm date within 30 days of roof completion. The firm date cannot be later than the outside date.
I stayed in a hotel because of the delay. Do I need receipts?
No receipts are needed for living expenses (meals and accommodation), which are a flat $150 a day. Other real costs, such as moving and storage, need receipts. The total is capped at $7,500.
How long do I have to claim?
Claim from the builder within 180 days of your occupancy date or the date you cancelled. If the builder does not pay or you cannot agree on the amount, claim from Tarion during the first year of possession (or within 365 days after you cancelled).
The outside date has passed. Can I just keep waiting?
Yes. Cancelling is a right, not a duty. If you do not cancel within the 30-day window, the contract continues and delay compensation keeps accruing after the firm date, up to the $7,500 cap. Decide with your lawyer based on prices and your situation.
Are the rules the same for a freehold house or townhouse?
The structure is the same but the numbers differ. A freehold tentative closing date can be extended only twice, by up to 120 days each time, and the outside closing date is 365 days after the firm date (or the second tentative date, whichever is earlier). The compensation ($150 a day, up to $7,500) and the 30-day termination period are the same.
Guides that use this term
Sources checked
- Tarion, Condo Units: coverage for occupancy dates, delays & cancellations · checked Oct 30, 2026
- Tarion, Freehold & Contract: coverage for closing dates & delays · checked Oct 30, 2026
- Tarion, Critical Dates Calculator (Statement of Critical Dates) · checked Oct 30, 2026
- Ontario New Home Warranties Plan Act, s. 14 (e-Laws) · checked Oct 30, 2026
- HCRA, Information for Buyers of New/Pre-construction Condominium Homes · checked Oct 30, 2026
- Condominium Authority of Ontario, Residential Condominium Buyers’ Guide 2025 (occupancy dates) · checked Oct 30, 2026