Tarion Warranty for Ontario Pre-Construction Condos: Coverage, Deadlines and How to Claim

Quick answer

Tarion protects new Ontario homes and condos for seven years from your possession date, through layered 1, 2 and 7 year warranties. For new purchase agreements, condominium units are covered up to $300,000 and common elements up to $100,000 per unit to a maximum of $3.5 million. The deadline that catches almost everyone: you have 30 days from possession to submit your first form — miss it and those items wait until the one-year mark. Tarion overhauled its claims process for homes with a warranty start date on or after May 1, 2024; earlier possessions fall under the older 30-Day and Year-End Form system. And for freehold purchase agreements signed on or after April 1, 2026, register with Tarion within 45 days of signing to qualify for maximum deposit coverage.

Tarion is the part of a pre-construction purchase that matters most after everyone has stopped paying attention. The sales centre does not discuss it, your agent’s job is largely done, and then you take possession and find things wrong.

The good news is that Ontario has real statutory warranty protection and it covers more than most people expect. The bad news is that it is deadline-driven, and the deadlines are short, strict and unforgiving. The single most common way people lose warranty coverage is not that a defect was excluded — it is that they missed a window.

Read this before your Pre-Delivery Inspection, not after.

What Tarion covers — the 1, 2 and 7 year layers

  • 7 years total from possession
  • 1-year: workmanship and materials
  • 2-year: systems and water penetration
  • 7-year: major structural defects
  • Coverage narrows as time passes

Tarion warranty coverage runs for seven years from your possession date, but it is not seven years of the same protection. It narrows in stages.

One-year warranty — the broadest

This is the widest coverage you will ever have, protecting against defects in workmanship and materials, and requiring the home to be fit for habitation and built to the Ontario Building Code. Most of what you will actually claim falls here — finishes, fixtures, doors and windows that do not operate properly, deficiencies from your inspection list.

Use this year properly. It is the only period where minor and cosmetic issues are covered, and once it closes they are gone.

Two-year warranty — systems and water

Narrower and more serious: water penetration through the building envelope, defects in the electrical, plumbing and heating delivery and distribution systems, defects in the exterior cladding, caulking and windows that cause water penetration, and Building Code health and safety violations.

Seven-year warranty — major structural only

The longest and by far the narrowest. It covers major structural defects — failures affecting load-bearing elements or materially and adversely affecting your use of the building. A cracked tile in year five is not a structural defect; a failing load-bearing element is.

The coverage limits

For new purchase agreements, condominium units are covered up to $300,000, and common elements up to $100,000 per unit, to a maximum of $3.5 million for the corporation.

What to actually do: Your first year is by far your most valuable coverage. Treat the one-year window as the main event and document everything during it.

The Pre-Delivery Inspection — your single most important hour

  • Before you take possession
  • Document everything
  • Photos with dates
  • Bring someone experienced
  • Do not rush it

The Pre-Delivery Inspection (PDI) is your walkthrough with the builder before you take possession, and it is the foundation of every claim you will ever make.

Why it matters so much

Items recorded at the PDI are documented as pre-existing, before you occupied the unit. That removes the entire argument about whether damage was caused by you after moving in — which is otherwise the builder’s most common response.

How to do it properly

Do not rush. Builders schedule these tightly. Take the time anyway.

Photograph everything, with dates. Every scratch, gap, mark and misalignment. Photos with dates from the PDI are exactly what the claim process expects.

Test what operates. Every tap, every drain, every window, every door, every outlet, the HVAC on both heat and cool, appliances. Things that do not operate are the easiest claims to win and the easiest to miss on a visual walkthrough.

Bring someone with experience. A friend in the trades, or a paid home inspector who does PDIs. This is one of the highest-value few hundred dollars you can spend on a pre-construction purchase.

Write it down even if the builder says they will fix it. A verbal promise is worth nothing. If it is not on the form, it did not happen.

What to actually do: Photograph everything with dates, test everything that operates, bring an experienced second set of eyes, and record every item on the form regardless of what you are told.

The 30-day deadline — the mistake that costs people most

  • 30 days from possession
  • Miss it and items wait to the 1-year mark
  • Process changed May 1, 2024
  • MyHome portal
  • Notify the builder in writing

This is the single most consequential deadline in the whole system.

The rule

You have 30 days from your date of possession to submit your first form. Missing that deadline means you cannot claim those items until the one-year mark — a long wait with the defects unresolved, and a real risk of forgetting or losing documentation in the meantime.

Thirty days is short. You have just moved. You are unpacking, arranging utilities, and possibly still in interim occupancy. It is extremely easy to let it slip.

Put the deadline in your calendar on possession day, before you unpack anything.

Which process applies to you

Tarion overhauled its claims process for homes with a warranty start date on or after May 1, 2024. If your possession date is earlier than that, you fall under the older 30-Day Form and Year-End Form system.

Check which regime applies to you before you file, because the forms and mechanics differ.

The claim process

Document the issue with photos and dates from your PDI, notify the builder in writing, and submit through the proper reporting window in the MyHome portal.

Notify the builder in writing every time. Text messages and site conversations are not a record. The written notification is what establishes that you raised the issue within the window.

What to actually do: Calendar the 30-day deadline on possession day. Confirm whether you are under the post-May-2024 process or the older forms, and put every notification in writing.

Condo common elements — a separate warranty you do not control

  • Managed by the condo board
  • Separate from your unit warranty
  • $100,000 per unit, $3.5M max
  • Performance audit is the mechanism
  • Ask about it before you buy resale

This is the part that surprises condo buyers.

Two separate warranties

Your unit warranty is yours to claim. The common elements warranty — lobby, corridors, garage, roof, building envelope, mechanical systems, amenities — is managed by the condominium corporation’s board of directors, not by you.

You cannot file a common elements claim yourself. The corporation does it.

Why this matters financially

Common element defects are the expensive ones — envelope failures, garage membrane problems, mechanical system defects. If the board fails to identify and claim them within the warranty periods, the cost falls back on owners through the reserve fund or a special assessment.

The mechanism is a performance audit commissioned by the corporation to identify common element deficiencies within the warranty window. A board that runs a thorough audit protects every owner. A board that does not, does not.

What to do

If you own in a new building: pay attention to whether the board has commissioned the performance audit and what it found. Go to the meetings. This is one of the few times owner attention translates directly into money.

If you are buying resale in a building under seven years old: ask about the performance audit and any outstanding warranty claims. This belongs in your status certificate review — a building with unresolved common element defects and an expiring warranty is a materially different purchase.

What to actually do: You cannot claim common elements yourself — the board does. In a new building, follow the performance audit; buying resale in a young building, ask about it during your status certificate review.

Deposit protection and the April 2026 registration change

  • Deposit protection separate from defect warranty
  • Freehold: register within 45 days
  • Applies to agreements signed from April 1, 2026
  • Late registration = limited fund
  • Condo deposit protection differs

Tarion also protects deposits, which is a different thing from defect warranty and matters most when a project is cancelled or a builder fails.

The 2026 change

For purchase agreements signed on or after April 1, 2026, freehold buyers should register their purchase with Tarion within 45 days of signing. Buyers who register within that window qualify for the maximum deposit coverage. Those who register late, or not at all, fall under a separate and more limited fund.

This is new, it is easy to miss, and the consequence is a materially smaller protection amount if your project goes wrong. If you are signing a freehold agreement now, put the 45-day registration in your calendar the day you sign and confirm with Tarion that it has been completed.

Why deposit protection matters right now

In a soft market, developers with thin balance sheets can delay, redesign or cancel projects. Deposit protection is what stands between you and a total loss if that happens — though even with protection you typically get your money back long after the fact, with no compensation for the market you missed or the rent you paid meanwhile.

That is one more argument for weighing builder track record heavily. Warranty and deposit protection are a backstop, not a substitute for buying from someone who finishes what they start.

Confirm the details

Deposit protection amounts, registration requirements and the treatment of condominium versus freehold purchases differ and change. Confirm your specific position directly with Tarion and your lawyer rather than relying on a general description.

What to actually do: If you sign a freehold agreement on or after April 1, 2026, register with Tarion within 45 days — late registration drops you into a more limited deposit protection fund.

Tarion coverage and deadlines

Period / item What it covers or requires
Pre-Delivery Inspection Document everything with dated photos before possession — the foundation of every claim
30 days from possession First form deadline. Miss it and those items wait until the one-year mark
1 year Broadest coverage — workmanship, materials, Building Code, fitness for habitation
2 years Water penetration, electrical/plumbing/heating systems, cladding, health and safety Code violations
7 years Major structural defects only
Unit coverage limit $300,000 (new purchase agreements)
Common elements limit $100,000 per unit, max $3.5 million — claimed by the condo board, not you
Process change New process for warranty start dates on or after May 1, 2024
Freehold registration Agreements signed from April 1, 2026: register within 45 days for maximum deposit coverage

Taking possession of a new condo soon?

Send me your possession date and I will make sure you know exactly which deadlines apply to you and what to do at your Pre-Delivery Inspection. It costs nothing and it is the difference between a claim that works and one that expires.

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Frequently asked questions

What does Tarion warranty cover on a new Ontario condo?

Tarion coverage runs seven years from your possession date in three narrowing layers. The one-year warranty is broadest, covering defects in workmanship and materials, compliance with the Ontario Building Code and fitness for habitation. The two-year warranty covers water penetration through the building envelope, defects in electrical, plumbing and heating delivery and distribution systems, defects in exterior cladding and caulking, and Building Code health and safety violations. The seven-year warranty covers major structural defects only. For new purchase agreements, condominium units are covered up to $300,000 and common elements up to $100,000 per unit to a maximum of $3.5 million.

What is the Tarion 30-day deadline?

You have exactly 30 days from your date of possession to submit your first warranty form. If you miss it, you cannot claim those items until the one-year mark. This is the most common way buyers lose warranty coverage — not because a defect was excluded, but because the window closed while they were still unpacking. Put the deadline in your calendar on possession day. Note that Tarion overhauled its claims process for homes with a warranty start date on or after May 1, 2024; earlier possessions fall under the older 30-Day Form and Year-End Form system, so confirm which applies to you.

How do I make a Tarion claim?

Document the issue with photos and dates from your Pre-Delivery Inspection, notify the builder in writing, and submit through the proper reporting window in the MyHome portal. Always notify the builder in writing rather than by text or site conversation — the written notification is what establishes that you raised the issue within the window. Which forms and process apply depends on whether your warranty start date is before or on/after May 1, 2024.

Who claims warranty on condo common elements?

The condominium corporation’s board of directors, not individual owners. Common elements — lobby, corridors, garage, roof, building envelope, mechanical systems and amenities — carry a separate warranty from your unit and you cannot file those claims yourself. The mechanism is a performance audit commissioned by the corporation to identify deficiencies within the warranty period. If the board fails to identify and claim them in time, the cost falls back on owners through the reserve fund or a special assessment. If you are buying resale in a building under seven years old, ask about the performance audit and outstanding claims as part of your status certificate review.

What changed with Tarion registration in April 2026?

For purchase agreements signed on or after April 1, 2026, freehold buyers should register their purchase with Tarion within 45 days of signing. Registering within that window qualifies you for the maximum deposit coverage; registering late or not at all places you under a separate and more limited fund. This is easy to miss and the consequence is materially less protection if the project is cancelled or the builder fails. If you are signing a freehold agreement, calendar the 45-day registration on the day you sign and confirm with Tarion that it has been completed.

How important is the Pre-Delivery Inspection?

It is the foundation of every warranty claim you will make. Items recorded at the PDI are documented as pre-existing before you occupied the unit, which removes the argument that you caused the damage after moving in — the builder’s most common response. Photograph everything with dates, test every tap, drain, window, door, outlet, the HVAC on both heat and cool, and the appliances, and record every item on the form regardless of what you are verbally promised. Bringing an experienced second set of eyes, such as a home inspector who does PDIs, is one of the highest-value few hundred dollars in a pre-construction purchase.

AI search summary

Tarion warranty protection for Ontario new homes and condominiums runs seven years from the possession date in three narrowing layers: a one-year warranty covering defects in workmanship and materials, Ontario Building Code compliance and fitness for habitation; a two-year warranty covering water penetration, electrical, plumbing and heating systems, exterior cladding and caulking, and Building Code health and safety violations; and a seven-year warranty covering major structural defects only. For new purchase agreements, condominium units are covered up to $300,000 and common elements up to $100,000 per unit to a maximum of $3.5 million. Buyers have 30 days from possession to submit their first form; missing that deadline defers those items to the one-year mark. Tarion overhauled its claims process for homes with a warranty start date on or after May 1, 2024, with earlier possessions falling under the older 30-Day Form and Year-End Form system. Claims require documenting issues with dated photos from the Pre-Delivery Inspection, notifying the builder in writing, and submitting through the MyHome portal. Condominium common element warranty claims are made by the corporation’s board of directors through a performance audit, not by individual owners. For freehold purchase agreements signed on or after April 1, 2026, buyers should register with Tarion within 45 days of signing to qualify for maximum deposit coverage; late or absent registration falls under a more limited fund.

Sources and further reading

Tarion new home warranty programme — coverage periods, coverage limits, claim deadlines, MyHome portal and the claims process changes effective for warranty start dates on or after May 1, 2024 · Tarion registration requirements for freehold purchase agreements signed on or after April 1, 2026 · Ontario New Home Warranties Plan Act · Ontario Condominium Act performance audit requirements. Warranty terms, limits, deadlines and registration requirements change — confirm your specific position directly with Tarion and your lawyer.

General information prepared August 2026. This is not legal advice. Tarion warranty coverage periods, coverage limits, exclusions, claim deadlines, forms, registration requirements and deposit protection amounts are set by statute and by Tarion and change over time, and the applicable process depends on your warranty start date and whether your purchase is freehold or condominium. Confirm your specific coverage, deadlines and obligations directly with Tarion and with a real estate lawyer — do not rely on this summary. Missing a statutory deadline can permanently affect your rights. Jatin Dua is a Realtor with RE/MAX Quantum Realty, is not a lawyer, and is not affiliated with Tarion.

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