Pre-Construction Closings in Richmond Hill: Why Final Adjustments Matter

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Richmond Hill registered occupancy on more than 800 pre-construction condominium units in 2024, with development concentrated at the Yonge Street and Highway 7 intersection and along the Bayview corridor. For purchasers who signed agreements three to six years earlier, final closing now arrives in a market that looks unrecognizable compared to the day they signed. Adjustments at closing are where the gap between original price and final cost becomes visible.

The statement of adjustments — a multi-page accounting of pass-through charges, levies, fees and credits — routinely runs 15 to 25 line items on a Richmond Hill pre-construction closing. Each line is a number negotiated with the developer at the agreement stage, or accepted as drafted. The lawyer’s review at closing confirms the developer’s calculation against the agreement; the lawyer’s review at signing determines what those line items can become.

Newly completed condominium building in Richmond Hill near Yonge and Highway 7

What Closing Adjustments Actually Cover

Standard adjustments on a Richmond Hill pre-construction condominium include municipal levies, education levies, regional development charges, Tarion enrolment fee, utility connection charges, meter installation, hydro deposit, common element prepayments, property tax adjustments, and the capped or uncapped portions of each. Some are statutory pass-throughs the developer cannot avoid. Others are negotiable with strong buyer counsel at signing.

Without caps, development levy charges have exceeded $30,000 on individual GTA closings since 2023. Education levies have run $8,000 to $15,000 on units in the Richmond Hill core. Combined uncapped adjustments on a Richmond Hill closing can total $50,000 to $80,000 above the agreement price.

The Cap Negotiation: At Signing, Not Closing

Pre-construction agreements in Ontario typically include a clause permitting the developer to pass through municipal and regional charges that increase between signing and closing. A buyer reviewing the agreement during the ten-day rescission period under the Condominium Act can negotiate caps on those charges — a maximum dollar amount the developer can pass through, rather than an open-ended liability.

Most Richmond Hill developers will agree to caps where the buyer asks. Few developers volunteer the caps. The cap negotiation happens during the rescission window or it does not happen at all. By the time the closing notice arrives — three years later — the agreement is fixed.

HST Rebate Eligibility at Closing

The federal-provincial new housing rebate on a Richmond Hill condominium runs up to approximately $24,000. Eligibility requires the buyer to occupy as a principal residence or to lease the unit on a long-term residential basis. Investors flipping on assignment, or buyers acquiring through a corporation, generally do not qualify.

The developer typically credits the rebate against the purchase price on the statement of adjustments, then files the rebate claim itself based on an assignment from the buyer. If the buyer fails the eligibility test — through non-occupancy, short-term rental, or non-residency under the Excise Tax Act — the rebate must be repaid. The Canada Revenue Agency has audited assignment chains aggressively since 2022 and treats certain assignment patterns as taxable supplies. The lawyer reviews the eligibility before closing and advises the buyer on documentation requirements.

Interim Occupancy and the Final Closing Sequence

Most Richmond Hill condominium projects involve interim occupancy. The buyer takes possession of the unit, pays a monthly occupancy fee — covering interest on the unpaid balance, estimated common expenses and estimated property taxes — and waits for the building to be registered as a condominium corporation. Until registration, the buyer cannot register a mortgage and does not hold title.

Final closing arrives on registration. The buyer pays the balance of the purchase price, the lender funds the mortgage, the lawyer registers the transfer and the charge, and title issues to the buyer for the first time. The closing window between interim occupancy and final closing has run as long as 24 months on Richmond Hill projects since 2020.

Tarion Warranty Registration

Every new condominium unit in Ontario must be enrolled with Tarion under the Ontario New Home Warranties Plan Act. Coverage runs in tiers: deposit protection, one-year warranty on workmanship, two-year warranty on major systems, seven-year warranty on major structural defects. The buyer cannot waive Tarion enrolment.

The lawyer confirms enrolment, reviews the Pre-Delivery Inspection package, and ensures the warranty registration carries through to the buyer’s name on closing. Tarion deficiency claims are time-limited, with strict notice requirements. A buyer who misses the 30-day deadline for the first-year submission loses coverage for items that should have been listed.

Lender Funding on Pre-Construction Closing

Lenders treat pre-construction closings as conditional advances. The mortgage commitment letter issued at the time of agreement may be 12 to 36 months old by the time final closing arrives. Most lenders re-underwrite the borrower at closing, reviewing income, debt service ratios and credit. Where the borrower’s circumstances have changed — job loss, additional debt, divorce — the lender may withdraw the commitment and the buyer faces a capital call to close from cash.

Mortgage rules introduced by the Office of the Superintendent of Financial Institutions tightened underwriting on pre-construction closings in 2023 and 2024. Buyers who signed agreements at 2020 or 2021 valuations now face appraised values below the agreement price on some Richmond Hill projects, generating financing gaps the buyer must close from equity.

Working With a Richmond Hill Real Estate Lawyer

Mayo Law represents pre-construction purchasers across Richmond Hill, including projects in the Yonge-Highway 7 cluster, along Bayview Avenue and in the Mill Pond and Oak Ridges areas. The firm reviews agreements during the rescission period, manages interim occupancy, handles final closings and registers the charge on title at registration. Title insurance, HST rebate documentation and Tarion warranty review are part of the standard scope.

A pre-construction purchase signed in 2021 closes in 2024 or 2025 under different market conditions, different lender rules and different tax exposure. Buyers who engaged a Richmond Hill real estate lawyer at signing have caps, occupancy term limits and assignment rights that buyers who waited until closing do not.

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Roger Grekos Law Clerk
Roger Grekos is a Law Clerk at Mayo Law with knowledge across Business Immigration, Business Law, Entrepreneurship, and Business Development and Administration.
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About the lawyer

Joseph Mayo

Joseph is an international lawyer licensed in Ontario, New York and Israel, and he helps clients with real estate transactions, business immigration, international business law, and white-collar defense. He earned his master's at NYU and spent years as a prosecutor in Israel and New York — experience that shapes the strategic, globally-minded approach he brings to every client. Whether you're closing on a property, expanding a business across borders, or facing a complex legal challenge, Joseph offers clear guidance and a steady hand.

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