Can foreign buyers buy presales in BC?
Direct answer
Generally NO — but there are nuances. The federal Prohibition on the Purchase of Residential Property by Non-Canadians Act applies to "purchases" of residential property and includes signing a presale (off-plan) Contract of Purchase and Sale. So a non-Canadian who has not yet entered into a binding presale contract as of January 1, 2023 cannot enter into one for a covered property in a CMA/CA today. However: (1) presale contracts that were SIGNED before January 1, 2023 and that complete in 2026 are NOT affected by the Act — the prohibition is on entering a NEW purchase contract, not on completing an existing one. (2) Assignments of presale contracts are caught by the Act if the assignee is non-Canadian, since an assignment is itself a purchase. (3) Non-Canadians who qualify for an exemption (international students, certain work-permit holders, refugees, Canadian-citizen spouses) may sign new presale contracts. (4) BC's 20% Foreign Buyer Additional PTT still applies separately on completion to non-Canadians who close the purchase, even on pre-Ban presale contracts in Specified Areas. Always verify status as of the assignment OR completion date with a real-estate lawyer; the penalty for breach is up to $10,000 plus a court-ordered no-profit sale.
Primary sources
- Prohibition on the Purchase of Residential Property by Non-Canadians Act · Government of Canada · retrieved
- Foreign Buyer Ban — Industry Guidance · CMHC · retrieved
Backed by Fact Bank entries
- Federal Prohibition on the Purchase of Residential Property by Non-Canadians Act — Federal Act prohibiting most non-Canadians (and entities controlled by non-Canadians) from purchasing residential property in Census Metropolitan Areas (CMA) and Census Agglomerations (CA).
- Federal Foreign Buyer Ban exemption categories — Categories of non-Canadian persons who are exempted from the federal Prohibition on the Purchase of Residential Property by Non-Canadians Act.
- BC Foreign Buyer Additional Property Transfer Tax — 20% additional PTT in specified BC areas (Metro Vancouver, Capital Regional, Fraser Valley, Nanaimo Regional, Central Okanagan) on residential property purchased by a foreign national, foreign corporation, or taxable trustee.

