CAN BC FSA Real Estate Pre-Sale Pilot

Published on: Mar 4, 2025

On Feb. 25, CAN BC FSA launched pilot for real estate developers.

  • CAN BC FSA launched pilot program for large real estate developments, introduced new consumer disclosure requirement on pre-sale rights, issued new consumer guide.
  • Follows CAN BC FSA public consultation on real estate consumer disclosure, #209063.
  • Background
  • Under the Real estate development marketing act (REDMA), developers can typically undertake early marketing activities over a 12-month period to secure pre-sale buyers.
  • Helps real estate developers secure financing and building permits for their projects.
  • Due to their complexity and size, large development projects face challenges securing the necessary approvals and financing within the existing 12-month marketing period.
  • Pilot Program
  • Allow eligible developers with projects of 100 or more development units additional six months of early marketing; total of 18 months to secure approvals, financing required.
  • To participate in pilot, developers required to submit quarterly reports on sales on data and market trends to BCFSA; data used to evaluate impact of early marketing period.
  • Buyers should be aware if they put a deposit on a pre-sale unit in a project that does not receive necessary financing, building approvals, their deposit may be tied up.
  • Additional 6 months, may be at risk of re-entering market under different conditions.
  • Buyers can confirm whether a development is participating in pilot program, and has an 18-month early marketing period, by referring to their disclosure statement.
  • Development in program, disclosure will indicate 18-month early marketing period.
  • New Consumer Disclosure
  • Also implementing new requirement, summary of pre-sale risks and buyer rights.
  • Real estate developers must attach completed form to front of disclosure statements.
  • Highlight important information from disclosure statement, purchase agreement about development, must be provided to buyer when they enter into pre-sale agreement.
  • Encourages buyers to seek professional advice and read entire disclosure statement.
  • Also released a new Consumer guide to pre-sale real estate purchases to help consumers understand risks involved with purchasing a pre-sale development unit.
  • The guide aims to empower consumers with essential knowledge about pre-sale risks.
  • Consultation
  • Developers able to submit data on CAN BC FSA’s IRIS platform starting Summer 2025.
  • Information and resources on how to submit data will be provided in Spring 2025.
  • Summary of pre-sale risks and buyer rights form will come into effect Apr. 1, 2025.
Regulators
CAN BC FSA
Entity Types
CNSM; Corp; MG Orig
Reference
PR, Gd, 2/25/2025; REDMA;
Functions
Advertising; Compliance; Financial; Legal; Reporting; Risk; Sales Practices
Countries
Canada
Category
State
N/A
Products
Corporate; Loan; Mortgage
Rule Type
Final
Regions
Am
Rule Date
Feb 25, 2025
Effective Date
Apr 1, 2025
Rule ID
245406
Linked to
N/A
Reg. Last Update
Feb 25, 2025
Report Section
International