British Columbia’s 2026 budget significantly expands the application of the Provincial Sales Tax (PST) to professional services in the real estate sector. Pursuant to Bill 2, the Budget Measures Implementation Act, 2026 (“Bill 2”), amending the Provincial Sales Tax Act, a broad range of real estate-related professional services will become subject to PST effective October 1, 2026.

The PST rate itself remains unchanged at 7%, but its reach is expanding considerably to apply to a wider range of services. For the real estate sector, this expansion introduces new, non-recoverable costs with meaningful implications for transactions, property management operations, and development budgets.

What changes are expected to take effect on October 1, 2026?

Effective October 1, 2026, PST (at the rate of 7%) will now apply to:

  • Non-residential real estate services: including trading services, rental property management services and strata management services.
  • Accounting services: including bookkeeping and assurance services.
  • Security services: including private investigation services.
  • Agricultural, engineering, and geoscience services: taxed on 30% of the purchase price of those services, which effectively provides for a 2.1% PST burden.

Accordingly, on or after October 1, 2026, any businesses providing these services will be required to register for PST (if they are not already registered), and to collect and remit PST on such services, unless a specific exemption applies. For clarity, residential real estate services remain non-taxable.

What does this mean for practicing real estate lawyers?

The proposed PST expansion has several practical implications for lawyers who prepare, review, or request real estate-related professional materials on behalf of clients, particularly builders, developers, landlords, and commercial property owners.

  1. Verifying PST applicability

    Lawyers who prepare requests for, or advise their clients on, professional real estate or development-related services, will need to assess whether a particular service falls within the defined categories under the amendments to the Provincial Sales Tax Act. While the amendments provide a comprehensive list of examples within each category, their interpretation may vary between service providers, making careful analysis essential. Where PST applies, lawyers should also confirm that the service provider is registered to charge and remit PST.

  2. Advising on impacts of PST

    In practical terms, this expansion of PST will make it more expensive to purchase, sell, develop and manage commercial properties across British Columbia. For instance, builders and developers rely heavily on professional agricultural, engineering, and geoscience services in the early stages of a project. Lawyers should advise clients that these services will now attract PST, increasing soft costs at a critical phase of development. Clients will need to budget for PST on any reports, certificates, or designs required as part of due diligence or regulatory compliance.

    Timing is also a key consideration. The changes take effect on October 1, 2026, and there is no indication that work performed after that date will be exempt from PST simply because the underlying contract was entered into before such date. For major projects or transactions involving significant professional fees, careful attention to timing and the potential consequences will be essential.

  3. Contractual allocation of PST

    While the legal obligations to charge, collect and remit PST rests with the service provider, the parties to a contract retain the ability to allocate the burden of PST between them. For instance, a purchaser may agree to bear the cost of PST on any reports, certificates, or professional materials it requests after signing, while the vendor may assume responsibility for PST on materials it was already obligated to provide. Thoughtful contractual allocation of this kind can help mitigate the additional cost pressure that the PST expansion will place on developers.

    Similarly, property management and strata management fees will now be subject to PST, and whether the tenant or the landlord bears these costs will depend on how expenses are allocated under the applicable lease agreement.

  4. Ensuring PST compliance
    Many of the service providers now required to charge and remit PST may have limited experience doing so. Lawyers should proactively review property management contracts, engineering reports, and other relevant materials to ensure that vendors are applying PST correctly and to identify any gaps in compliance.

Takeaways

The expansion of B.C.’s PST to a broad range of real estate‑related professional services represents a meaningful shift in how development, transactional, and operational costs are structured across the province.

Real estate lawyers will play a critical role in guiding clients through this transition by verifying PST applicability, accounting for new tax costs at early project stages, updating contracts and leases to properly allocate PST, and mitigating compliance risk as service providers adjust to their new obligations. Taking these steps now will be essential to ensuring clients are well-positioned for the financial and administrative impacts that will take effect on October 1, 2026.

Please contact the authors or a member of our Real Estate team if you have any questions.