Can the Developer Change My Presale Unit? Size Variance, Material Changes and Your REDMA Rights (BC, 2026)
Updated September 2026
Your BC presale contract almost certainly lets the developer shrink your unit, move walls and swap finishes. Exactly how much, what triggers a REDMA amendment, and when you can walk away.
PresaleProperties.com is the buyer-focused representation practice of Uzair Muhammad (REALTOR, Real Broker BC), serving presale and new construction buyers across Metro Vancouver and the Fraser Valley from 3211 152 St, Building C, Suite 402, Surrey BC V3Z 1H8 — (672) 258-1100.
Yes — within limits your contract sets. Almost every BC presale contract contains a variation clause letting the developer deliver a unit roughly 3% to 11% smaller (or larger) than the marketed size, change layouts, and substitute finishes, with no price adjustment. What the developer cannot do is hide a change that affects the price, value or use of your home: under the Real Estate Development Marketing Act (REDMA) that is a material fact, it must be filed as a disclosure statement amendment and delivered to you, and if it isn't you may be able to rescind and take your deposit back.
This is the question buyers ask us most often after they have already signed: "the floor plan changed — what can I do?" The honest answer depends on three documents you already have, so let's walk through what each one allows.
1. The variation clause: how much can the unit shrink?
Buried in the contract of purchase and sale (usually under "Area" or "Adjustments to the Strata Lot") is a sentence saying the square footage is approximate and the developer may vary it within a stated percentage without compensation. From the contracts we review across Surrey, Langley and Coquitlam, the tolerance ranges from about 3% at the tight end to 10-11% at the loose end. Six percent is common.
| Marketed size | Variance clause | Smallest unit you must accept | Space lost |
|---|---|---|---|
| 550 sq ft (1-bed) | 3% | 533 sq ft | 17 sq ft |
| 550 sq ft (1-bed) | 6% | 517 sq ft | 33 sq ft |
| 550 sq ft (1-bed) | 10% | 495 sq ft | 55 sq ft |
| 850 sq ft (2-bed) | 6% | 799 sq ft | 51 sq ft |
| 1,250 sq ft (townhome) | 6% | 1,175 sq ft | 75 sq ft |
Worked example: what a 6% clause actually costs you
Say you signed on an 850 sq ft two-bedroom in Surrey City Centre at $749,900 — about $882 per square foot. With a 6% variance clause the developer can hand you 799 sq ft at completion and owe you nothing. At the price you paid, those 51 missing square feet were worth roughly $45,000. That is the size of a walk-in closet, or the difference between a dining table and a stool at the island. Some contracts add that if the shortfall exceeds the tolerance the price is reduced by the same percentage; many do not. Ask before you sign, not after.
Tip: check which number the clause measures
Marketing brochures often quote gross area (to the outside of exterior walls and the centre of party walls). The strata plan measures to the interior face. A unit can lose 4-7% on paper from the measurement method alone, before any variance clause is applied. Our guide on how to read a presale floor plan shows how to compare usable area across projects.
2. What else the contract usually lets them change
Layout and walls
Column locations, closet positions, kitchen orientation and window sizes can move to suit structural or code requirements. Most contracts say the plans are "conceptual" or "subject to change."
Finishes and appliances
The standard clause allows substitution with materials of "equal or better quality" in the developer's sole opinion. The brand shown in the presentation centre is not a promise.
Parking, storage and amenities
Stall location is normally assigned at completion. Amenity rooms can be resized or re-purposed. If parking is a licence rather than a strata lot, it can be reallocated.
Completion date
Estimated dates can slide, usually up to an "outside date." Delay rights are covered in our post on what happens when a presale is delayed.
3. Where REDMA draws the line: material facts and amendments
The contract governs what the developer may change; REDMA governs what they must tell you. A material fact is anything that could reasonably be expected to affect the price, value or use of the development unit. When one changes, is omitted or was misrepresented, the developer has a continuing duty to file a disclosure statement amendment with BCFSA as soon as they become aware, and to deliver a copy to every purchaser within a reasonable time.
| Change | Usually allowed by contract? | Amendment required? | Rescission right? |
|---|---|---|---|
| Unit shrinks inside the variance % | Yes | Generally no | No (unless your contract says so) |
| Unit shrinks beyond the variance % | No | Yes | Possibly: contract remedy, amendment rights, or fundamental breach at common law |
| Finishes substituted, equal quality | Yes | No | No |
| Estimated completion date changes | Yes, to outside date | Yes | Only if outside date passes or contract grants it |
| Building permit or financing not obtained on schedule (Policy Statements 5 and 6) | n/a | Yes | Yes if the developer misses the 12-month deadline |
| Developer changes identity or enters receivership | n/a | New disclosure statement | Yes, new 7-day period |
| Material change made, no amendment delivered | No | Was required | Yes: rescind and recover deposit, even after possession in some cases |
Key nuance most buyers miss: receiving an amendment does not restart your 7-day rescission clock the way the original disclosure statement did. What gives you leverage is the developer failing to file or deliver one when a material fact changed. That is why you keep every amendment, date-stamped, and read each one against the original.
4. What to do when the floor plan changes
Do this, in order
1. Pull your contract and find the variance percentage and whether a price adjustment applies above it. 2. Pull the disclosure statement and every amendment; compare unit size, plan and completion date line by line. 3. Ask the developer in writing whether the change has been filed as an amendment and request the filed copy. 4. If the change exceeds the tolerance, or was never disclosed, get a real estate lawyer's opinion the same week — rights under REDMA and the contract come with deadlines. 5. If you would rather exit than fight, an assignment (if the contract permits it) is often faster and cheaper than litigation.
And check the strata plan at completion. The registered strata plan is the legal measurement of your unit; measure the unit yourself at the deficiency walkthrough and reconcile. A handful of contracts give you a short window after receiving the final strata plan to terminate if the size is outside tolerance — but only if that clause exists in yours.
5. The buyer-advocacy angle: negotiate this before you sign, not after
Developers write these clauses; presentation-centre reps do not draw your attention to them. As a buyer-only team we review the contract and disclosure statement before the 7-day rescission period ends and push on three points: a tighter variance percentage (3-5% is achievable on many projects, especially in today's slower Fraser Valley market), a pro-rated price reduction above the tolerance, and confirmation of which measurement standard the marketed area uses. Getting one of the three changes the math above from a $45,000 problem to a rounding error. Our checklist of what to check in a BC disclosure statement covers the rest.
If you want a second set of eyes on a contract before your rescission window closes, book a free 15-min call.
The Bottom Line
The developer can change your presale unit — within a variance clause you agreed to, typically 3-11% on size, plus layouts, finishes and dates. REDMA does not stop those changes; it forces disclosure of any material change through a filed amendment delivered to you. Your real protection is reading the variance percentage before you sign, keeping every amendment, and acting fast when a change goes beyond what was disclosed. Sources: BCFSA Consumer Guide to Pre-sale Purchases; Real Estate Development Marketing Act (BC); BCFSA Presales Guidelines and Policy Statements 5 and 6.
Sources & references
- CRA — GST/HST new housing rebate
- Government of BC — Property transfer tax
- Government of BC — BC home flipping tax
- BC Financial Services Authority (BCFSA)
- REDMA — Real Estate Development Marketing Act
This is general information, not tax or legal advice — confirm details with your accountant or lawyer.
About the author
Uzair Muhammad, REALTOR® — Real Broker BC. Founder, The Presale Properties Group. 450+ presale buyers represented across the Fraser Valley. Former City of Surrey Planning & Bylaws. presalewithuzair.com
Sources and disclosure
Written and reviewed by Uzair Muhammad, REALTOR® (Real Broker BC), a buyer-focused presale specialist in Metro Vancouver and the Fraser Valley. Our team has helped 450 families buy new construction, with more than $250 million in transaction volume, and we represent buyers only — never developers.
Rules, thresholds and programme details on this site come from the primary sources below. Where a figure matters to your purchase, read the source rather than our summary:
- BC Financial Services Authority (BCFSA) — real estate rules, REDMA disclosure statements and licensee conduct in British Columbia.
- Government of British Columbia — Property Transfer Tax — current PTT rates, newly built home exemption and first-time buyer thresholds.
- Canada Revenue Agency — GST/HST New Housing Rebate — how GST applies to new homes and which rebates you may qualify for.
- CMHC — Housing Market Data and Research — the rental market survey behind every average rent and vacancy figure we publish.
- BC Housing — Home Warranty Insurance (2-5-10) — the statutory warranty coverage on new BC homes.
This is general information, not financial, legal or tax advice. Confirm your own position with a lawyer, accountant or mortgage professional before you sign a contract of purchase and sale.
Founded by Uzair Muhammad, REALTOR® — Real Broker BC