As a reminder, CREB® Rule Part II 6.06 states:
In accordance with the REALTOR® Cooperation Policy, Members must, within three (3) calendar days of any Public Marketing, place the Listing on the MLS® System for cooperation with other REALTORS®. The following Listings are exempt from the requirements above:
a. Commercial property Listings (i.e., business properties, agricultural properties);
b. New construction Listings in developments with multiple properties of units (i.e., residential development projects, condo development projects); and
c. Rental property Listings.
Since January, we’ve reflected on our member feedback, considered the areas our members are transacting in and learned what “new construction listings” mean for other REALTORS® beyond CREB® members.
This information was valuable in identifying opportunities to make small modifications to the definition of a “new construction listing” we use when considering the above-harmonized rule.
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Previous definition of new construction listings |
Amended definition of new construction listings |
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Are new, never-occupied properties for sale by a builder in a community with one or more new, never-occupied properties for sale by a builder. Ex: spec homes in a new neighbourhood, an infill in a community with more than one infill for sale by a builder, bare lots for sale by a builder intended for a future dwelling in a community where various bare lots are for sale by builders. |
Are new, never-occupied properties for sale by a builder in a neighbourhood with two or more new, never-occupied properties for sale by a builder. Ex: spec homes in a new neighbourhood, an infill in a neighbourhood with more than one infill for sale by a builder, bare lots for sale by a builder intended for a future dwelling in a neighbourhood where various bare lots are for sale by builders.
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Our Board of Directors considered these definition adjustments in conjunction with the REALTORS® Association of Edmonton as our province's other major urban centre.
Recognizing that both our memberships work with similar new development and revitalization initiatives in large market regions, we saw it as beneficial for both our boards to have a consistent “new construction listing” definition to guide best practices.
Key takeaways for our members:
For members who are working with new construction listings, please keep these points in mind:
- A neighbourhood is the geographic subdivision the property is in and usually has an approved community name, such as Hawkwood in Calgary, Cimarron in Okotoks or Luxstone in Airdrie.
- If the property is in an area without defined subdivisions, such as in rural areas like the hamlet of Heritage Pointe in Foothills County, then, the whole hamlet is considered the “neighbourhood” for the purposes of the new construction listing exemption.
- Agents need to do their due diligence to determine if there will be at least two new construction listings in that neighbourhood (including the one they will be listing) to know if their listing will be exempt from the harmonized REALTOR® Cooperation and Public Marketing Rule; this means that the property can be publicly marketed without it being added to the MLS® System.
- If a member is listing the only new construction listing in a neighbourhood and the property will be publicly marketed, then the property is not exempt. The listing agent will need to add the property to the MLS® System within three calendar days of public marketing.
CREB® will continue to review concerns we receive about publicly marketed properties but not on the MLS® System. If a member is concerned that a property should be on the MLS® System because it’s publicly marketed, please contact crebmp@creb.ca.
It would be helpful if members could send a photo/ screenshot of the public marketing and the date they saw the property being publicly marketed so the Member Practice team can look into it further.
Looking for more information on the REALTOR® Cooperation Policy? Visit our Member Practice FAQ’s!
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