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How to Register a Construction Lien in Ontario
Ontario – construction law
Preserve in 60 days, perfect in 90
Registered via Teraview
How to Register a Construction Lien in Ontario (Step by Step)
You did the work, supplied the materials, and then the payment vanished like a sock in the laundry. A construction lien is the legal tool that ties your unpaid claim to the property you improved, so you get in line ahead of ordinary unsecured creditors. Under Ontario’s Construction Act the right is automatic – but keeping it alive means hitting two strict deadlines and registering the claim correctly. Here is the plain-English, step-by-step version.
1Two hard deadlines
2Register on title
3Then perfect it
4Get a lawyer
Read this first – this is not legal advice. Lien deadlines are strict and unforgiving, and a single missed date can wipe out a valid claim worth thousands. This guide explains the process in plain language, but if money is owed to you, a deadline is close, or a lien has landed on your property, talk to an Ontario construction lawyer right away. The stakes are too high to guess.
What a construction lien actually does
A construction lien is a legal claim registered against the title of a property by someone who supplied labour or materials to improve it and was not paid. It secures your claim against the land itself, giving you priority over ordinary unsecured creditors if the property is sold. In plain terms, your lien says: “I improved this property, and I have a claim on it until I am paid.” For the full background on the law behind it – prompt payment, holdback, adjudication, and the 2026 changes – see our companion guide to the Ontario Construction Act.
Step 1: Know the two deadlines (miss one and it is over)
Construction liens live and die by two clocks. Both are mandatory, and they run in order. Under the current Construction Act (contracts on or after October 1, 2019), the periods are longer than the old 45-day rule:
| Step | Deadline | What it means |
|---|---|---|
| Preserve | 60 days | Register your Claim for Lien on the property’s title. The clock generally runs from the earliest of publication of the notice of substantial performance, or the date your contract is completed, abandoned, or terminated – not simply your last day on site. |
| Perfect | 90 days | After preserving, start a court action (a Statement of Claim) and register a Certificate of Action on title, within 90 days from the last day the lien could have been preserved. |
The trap: a preserved-but-not-perfected lien still expires. Both steps have to happen, on time, in order. Do not assume a “last trip” back to fix something restarts the clock – repair or warranty work usually does not extend the lien period.
Step 2: Gather the details for your Claim for Lien
Registering fails on missing or wrong details, so collect these before you start:
Property
Legal description + PIN
The property’s official legal description and Property Identification Number – the land’s “fingerprint,” not just the street address. A title search confirms it.
Owner
The registered owner
The legal owner’s name from title, not the name on the sign or the person who hired you. Getting this wrong can invalidate the lien.
Contract
Work, price, and balance
A short description of the labour or materials you supplied, the contract price, and the unpaid balance you are claiming.
Dates
When you supplied
Your first and last dates of supply – these determine whether you are still inside the 60-day window.
Step 3: Register (preserve) the lien through Teraview
In Ontario, construction liens are registered electronically – paper filing at the land registry office ended in 2016. Registration happens through Teraview, the province’s electronic land registration system. Here is the reality of it:
- Prepare the Claim for Lien in the prescribed form, with all the details above.
- You usually cannot do it yourself. The general public does not have direct Teraview access, so you will almost always register through a construction lawyer or a licensed title/service provider who has an account.
- Submit before the 60-day deadline. On registration, the system stamps the date and time – your proof that you filed in time.
- Serve if required. In some situations you must also deliver a copy of the registered claim to the owner and others.
Why the rush to a professional: because you cannot walk up to Teraview yourself and the 60-day clock does not pause, contractors who wait until day 55 to “figure it out” often miss the window. If you are getting close, call a construction lawyer now, not after the weekend.
Step 4: Perfect the lien within 90 days
Preserving puts the lien on title; perfecting makes it enforceable. Within 90 days of the last day you could have preserved, you must:
- Start a court action – file a Statement of Claim in the Superior Court of Justice setting out your claim.
- Register a Certificate of Action on the property’s title, linking your lawsuit to the land.
- Serve the claim on the owner and any other parties involved.
Skip this step and the lien expires no matter how much you are owed. This is also the point where a construction lawyer earns their fee – court filings and service have their own rules.
What it costs to register a lien
Filing a lien is not free, but it is small next to what you are owed:
Registration
Government fee
The land-registration fee to put the lien on title is typically around $75 to $100.
Professional
Lawyer or title service
Because registration goes through a professional, expect a few hundred dollars to prepare and file the claim – more if it proceeds to perfecting and court.
Recovery
Costs can follow the claim
If your lien is enforced or settled, some of these costs can often be recovered – but do not bank on full recovery. Confirm with your lawyer.
Do not pad the number. Register only the actual unpaid principal. Tacking on interest, “legal fees,” or an optimistic bonus can get your lien attacked as exaggerated – pursue extras in court, not on the face of the lien.
What happens after you file – and how enforcement works
Once registered, the lien appears on title, and everyone dealing with the property can see that money is owed. From there:
- The owner reacts. They may pay or settle, “vacate” the lien by posting security (cash or a bond) into court to clear the title while the dispute continues, or challenge the lien if it is defective or out of time.
- You perfect and enforce. If they do not pay, perfecting your lien and pressing the court action is how you compel payment – and, as a last resort, the court can order the property sold to satisfy a valid claim.
- Most cases settle. The threat of a clouded title and a court action often gets a stubborn owner to the table before trial.
Things people get wrong (the details that matter)
Who can lien
Not just contractors
Subcontractors, suppliers, and workers can lien – and so can architects, engineers, and surveyors for unpaid fees, as long as their work contributed to the improvement.
Holdback
The 10% safety net
The Act requires each payer to hold back 10% of the value of the work. That retained money is a trust fund that stays available to satisfy lien claims down the chain.
Tenant work
Whose interest you lien
On a tenant improvement, your lien usually attaches to the tenant’s leasehold, not the landlord’s freehold. Under section 19(1), if the landlord funded the improvement (a tenant allowance or inducement in a lease entered after July 1, 2018), the landlord’s interest is exposed only up to 10% of that contribution.
Waiver
You cannot pre-waive
A contract clause that tries to make you give up your lien rights in advance is void under the Act. You can release a lien after you are paid – but nobody can strip the right beforehand.
Right court, right tool: a construction lien is enforced in the Superior Court of Justice because it involves an interest in land. If you abandon the lien and simply sue for an unsecured debt, that smaller claim might belong in Small Claims Court – but you lose the property-based security a lien gives you.
Keep current: the 2018 and 2026 changes
The rules have moved. The old Construction Lien Act was renamed the Construction Act in 2018, and prompt payment and adjudication were added on October 1, 2019. Most recently, amendments under Bills 216 and 60 came into force on January 1, 2026, introducing a mandatory annual release of holdback and tightening the “proper invoice” rules. The core lien deadlines – 60 days to preserve, 90 to perfect – were not shortened. Because the law keeps evolving, confirm the current rules and your exact dates with a construction lawyer before you rely on them.
Want the whole picture? Our companion guide covers holdback, prompt payment, adjudication, and the 2026 amendments in detail: the Ontario Construction Act, explained. You can also browse the most-asked questions about construction liens in Ontario.
Do you need a lawyer?
You are allowed to represent yourself, but registering and enforcing a lien without help is like building a skyscraper with a butter knife – possible, but the room for costly error is enormous. You generally cannot access Teraview directly anyway, the deadlines are unforgiving, and a defective claim can be thrown out or expose you to a claim for an exaggerated lien. For anything involving real money, a registered lien, or a looming deadline, get a construction lawyer involved early. It is the cheapest insurance you can buy on a claim you have already earned.
Registering a construction lien in Ontario: FAQ
How do I register a construction lien in Ontario?
You prepare a Claim for Lien in the prescribed form (with the property’s legal description and PIN, the registered owner’s name, the work supplied, and the unpaid amount) and register it electronically on the property’s title through Teraview, Ontario’s land registration system. Because the public cannot access Teraview directly, this is almost always done through a construction lawyer or licensed title service, and it must be registered within the 60-day preservation window.
How long do I have to register and enforce a lien?
You have 60 days to preserve the lien by registering it on title, then 90 days to perfect it by starting a court action and registering a Certificate of Action. The 60-day clock generally runs from the earliest of publication of the notice of substantial performance, or the date the contract is completed, abandoned, or terminated. Both steps are mandatory – miss either and the lien expires.
Can I register a lien myself, or do I need a lawyer?
You are legally allowed to act for yourself, but in practice you usually cannot register a lien on your own because the general public does not have direct Teraview access. Most people register through a construction lawyer or a licensed title/service provider. Given the strict deadlines and the risk of a defective or exaggerated claim, professional help is strongly recommended for anything beyond a trivial amount.
How much does it cost to register a construction lien?
The government land-registration fee is typically around $75 to $100 to put the lien on title, plus professional fees of a few hundred dollars to prepare and register the claim – more if it proceeds to perfecting and court. If the lien is enforced or settled, some costs can often be recovered, though full recovery is not guaranteed.
What information do I need to register a lien?
The property’s legal description and Property Identification Number (PIN), the registered owner’s name from title, a short description of the labour or materials you supplied, the contract price and unpaid balance, and your first and last dates of supply. Errors on the owner’s name or the property description are a common reason liens fail, so a title search first is wise.
Who can file a construction lien?
Anyone who supplied services or materials to an improvement and was not paid – general contractors, subcontractors, suppliers, and workers, plus architects, engineers, and surveyors for unpaid fees where their work contributed to the improvement. On a tenant improvement, the lien usually attaches to the tenant’s leasehold interest rather than the landlord’s freehold.
Can I waive my lien rights in a contract?
No. A clause that tries to make you give up your lien rights in advance is void under the Construction Act. You can choose to release a lien after you have been paid, but nobody can force you to sign the right away before the work is done or paid for.
Can a landlord be liable for a tenant’s construction lien?
Sometimes. If the tenant’s leasehold is the interest being improved and the landlord accounted for payment of the improvement under the lease (a tenant allowance or inducement) in a lease entered after July 1, 2018, section 19(1) exposes the landlord’s interest to the lien – but only up to 10% of the amount the landlord contributed. Landlords often protect themselves by holding back 10% of any inducement until the lien period passes.
Not legal advice. This article is a plain-language overview for general information only, current to the Ontario Construction Act as amended to January 1, 2026. It is not legal advice and may not fit your situation or the latest changes. Lien deadlines are strict – always confirm your rights and dates with a qualified Ontario construction lawyer. Official text: Construction Act (Ontario.ca).
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