HomeLife Frontier Realty Inc., Brokerage Joonghyun Ahn, Sales Representative

Group: Pre-construction and new homes

Tarion warranty claims (1-, 2- and 7-year)Tarion 하자 보증 청구

In one sentence

How a new-home owner uses the 1-, 2- and 7-year statutory warranty: tell the builder in writing, file Tarion’s forms on time, let the builder repair, and ask Tarion to step in if it does not.

Last checked Oct 31, 2026

What is it?

A new home built in Ontario comes with a statutory warranty (a warranty set by law). A warranty claim is how you ask for repairs under that warranty when something goes wrong after you move in.

The builder gives the warranty and Tarion backs it up (a “backstop”). So the builder must first deal with the problem directly. If the builder does not fix it, or says it is not covered, you make a claim with Tarion. Tarion reviews the claim and, if it is covered, makes sure it gets resolved.

What do the 1-, 2- and 7-year warranties cover?

Coverage starts on the possession date (for a condo, the occupancy date) and continues even if the home is sold. The start date is the date on the CCP (Certificate of Completion and Possession) the builder gives you.

WarrantyMain items
1-yearDefects in work and materials, Ontario Building Code violations, fit for habitation, unauthorized substitutions
2-yearWater coming through the basement or foundation walls, water getting into the building envelope, detached, displaced or damaged exterior cladding (brick, siding), defects in electrical, plumbing and heating delivery and distribution systems, Building Code violations that affect health and safety
7-yearMajor structural defects: failure of a load-bearing part, defects that seriously reduce its ability to carry loads, or defects that stop you using a large part of the home in the usual way

Coverage limits are in the “Tarion” entry. The limit depends on the date the project’s first Agreement of Purchase and Sale was signed. For example, if that first agreement was signed on or after July 1, 2023, the limit is $400,000 for a freehold home and $300,000 for a condo unit.

Claim forms and deadlines

Tarion says the easiest way to claim is its MyHome online portal. You can open an account on or after your possession date (warranty start date) and send forms to the builder and Tarion at the same time. Days are counted from the possession date.

PeriodFormWhen to file
Year 1Initial FormAdd items from the day after possession; submitted automatically on day 41
Year 1Mid-Year FormAdd items from day 42; submitted automatically on day 183
Year 1Year-End FormAdd items from day 183; submitted automatically on day 365 (only one accepted)
Year 1Delayed Closing / Delayed Occupancy FormWithin 1 year after possession
Year 2Second-Year FormAny time in year 2; more than one allowed
Years 3–7Major Structural Defect FormAfter year 2 up to 7 years from possession; more than one allowed

The Year-End Form has a 10-day grace period after the deadline, but you must submit it manually and give written proof that you told the builder during the 1-year warranty period. Forms and dates were checked on Tarion’s website on October 31, 2026.

How a claim moves forward

  1. First tell the builder about the problem in writing (for example, by email) and give them a chance to look at it and fix it. You must let them into the home to do repairs.
  2. If the builder does not fix it, file the right form (see the table) through MyHome before the deadline.
  3. Filing a form starts the builder’s 120-day first repair period. During this time the builder should repair or resolve covered items. Exterior work and emergencies can have different timeframes, and the 120 days do not apply to major structural defects.
  4. If it is still not fixed, ask Tarion for conciliation. In conciliation, Tarion decides whether the items on your form are covered by the warranty in the law. In most cases it involves an inspection at your home with the builder’s representative there.
  5. If the conciliation report lists covered items, the builder has a final 30 days to resolve them. Tarion contacts you 30 days after the report to check. If anything is left, Tarion does a claim inspection or desk assessment to see whether the builder resolved it properly, and if not, the claim moves to Tarion’s own claim resolution process (Claim Resolution by Tarion).

When can you ask for conciliation?

  • Items on an Initial Form or Mid-Year Form: from when the form is submitted until the next form’s submission date.
  • Items on a Year-End Form: until 150 days after the Year-End Form submission date.
  • Second-Year and Major Structural Defect forms: only within 30 days after the builder’s first repair period ends.
  • Missing these windows can make it harder to get Tarion’s help. Turn on MyHome notifications.
  • The law lets Tarion set fees, and refunds, for conciliation requests in its by-laws (Ontario New Home Warranties Plan Act, s. 23 (1)). We could not confirm on these pages whether there is a fee now or how much it is, so check with Tarion before you ask.

What is not covered

  • Normal wear and tear, and normal shrinkage of materials as they dry after construction.
  • Damage from dampness or condensation because the owner did not ventilate properly, and damage from poor maintenance.
  • Changes, removals or additions made by the owner, and defects in materials, design or work the owner supplied.
  • Acts of God, damage caused by municipal services or other utilities, and insect or rodent damage unless the construction broke the Building Code.
  • Surface defects the owner accepted in writing at the date of possession.
  • Household appliances (fridge, stove, washer and so on) are treated as personal property (chattels), not part of the home. Only damage from the builder’s installation is a 1-year warranty item. Out-of-the-box marks, manufacturer defects, a different brand and missing appliances must be taken up with the builder or the manufacturer.

Other coverage to know

  • Extended warranty for missing items: for an item that was completely missing on possession day, coverage starts on the day the builder installs it. To keep this, you must report the missing item on a Tarion form within the first year.
  • Temporary Relocation Warranty: if a warranty repair makes the home unlivable (no usable kitchen, no usable toilets, toxic mould and so on), the builder is expected to pay up to $150 a day, to a maximum of $15,000. If the builder does not pay, you can ask Tarion for help.
  • Tarion says it may consider extra compensation for incidental costs of moving or replacing items during a warranty repair.
  • You can ask Tarion at any time how much of your home’s warranty limit has been paid out and how much is left.

An example

Example

This example is for illustration only. You move into a new detached home in Markham on June 1, 2027. Two weeks later a bathroom door warps and will not close. You email the builder with photos. With no answer, you list it on the Initial Form, which is submitted automatically on day 41. The builder replaces the door within the 120-day repair period.

In September 2028 (year 2), after heavy rain, water comes through a basement foundation wall. That is a 2-year item, so you tell the builder in writing and file a Second-Year Form. The builder does not fix it in 120 days, so within 30 days after the repair period ends you ask Tarion for conciliation. Tarion inspects, finds it covered, and the builder fixes it within 30 days of the report.

Condos and resale homes

  • Condo units: the owner claims problems inside the unit using the same forms. The 1-year warranty starts on the occupancy date.
  • Condo common elements (hallways, lobby, roof and so on): the condo board, not the unit owner, deals with these under the common elements warranty. Tell the board if you see a problem.
  • If you bought a home under 7 years old from another owner: you may still get the rest of the warranty. Tarion says to email customerservice@tarion.com to transfer the warranty into your name.
  • Tarion says a builder who pressures you not to claim or not to contact Tarion breaks the builder Code of Conduct regulated by the HCRA (the builder regulator).

What the law and official sources say

Quotes are copied word for word. The "In plain words" lines are our explanation, not an official translation.

Ontario New Home Warranties Plan Act — Statutory warrantiesOntario New Home Warranties Plan Act, R.S.O. 1990, c. O.31, s. 13 (1)
Every vendor of a home warrants to the owner, (a) that the home, (i) is constructed in a workmanlike manner and is free from defects in material, (ii) is fit for habitation, and (iii) is constructed in accordance with the Ontario Building Code; (b) that the home is free of major structural defects as defined by the regulations

In plain wordsIn plain words: the builder who sells a new home promises the owner that it is well built with sound materials, livable, built to the Building Code, and free of major structural defects.

Source: ontario.ca/laws/statute/90o31 · checked Oct 30, 2026

Ontario New Home Warranties Plan Act — ExclusionsOntario New Home Warranties Plan Act, R.S.O. 1990, c. O.31, s. 13 (2)
A warranty under subsection (1) does not apply in respect of, (a) defects in materials, design and work supplied by the owner; (b) secondary damage caused by defects, such as property damage and personal injury; (c) normal wear and tear; (d) normal shrinkage of materials caused by drying after construction;

In plain wordsIn plain words: the warranty does not cover defects in things the owner supplied, secondary damage such as damaged belongings or injuries, normal wear and tear, or normal shrinkage as materials dry. The section lists more exclusions too.

Source: ontario.ca/laws/statute/90o31 · checked Oct 30, 2026

Ontario New Home Warranties Plan Act — Claims within the termOntario New Home Warranties Plan Act, R.S.O. 1990, c. O.31, s. 13 (4)
A warranty under subsection (1) applies only in respect of claims made thereunder within one year after the warranty takes effect, or such longer time under such conditions as are prescribed.

In plain wordsIn plain words: the warranty only covers claims made within the warranty period. The basic period is 1 year; longer periods such as 2 and 7 years come from the regulations. That is why form deadlines matter.

Source: ontario.ca/laws/statute/90o31 · checked Oct 30, 2026

Ontario New Home Warranties Plan Act — No need to prove the causeOntario New Home Warranties Plan Act, R.S.O. 1990, c. O.31, s. 14 (5.1)
a claimant under a claim, (a) shall explain, in accordance with the regulations, the reasons for the concern giving rise to the claim; … (c) is not required to prove the cause of the concern giving rise to the claim if the claimant has complied with clauses (a) and (b), unless the regulations provide otherwise.

In plain wordsIn plain words: the person claiming must explain the reasons for the concern. If you do that (usually describing the symptoms you see as well), you do not have to prove the cause unless the regulations say otherwise.

Source: ontario.ca/laws/statute/90o31 · checked Oct 30, 2026

Ontario New Home Warranties Plan Act — Conciliation by TarionOntario New Home Warranties Plan Act, R.S.O. 1990, c. O.31, s. 17 (1)
The Corporation may, upon the request of an owner, conciliate any dispute between the owner and a vendor.

In plain wordsIn plain words: when an owner asks, Tarion (called “the Corporation” in the law) can step in to settle a dispute between the owner and the builder.

Source: ontario.ca/laws/statute/90o31 · checked Oct 30, 2026

Tarion — Builder provides, Tarion backstopsTarion, “What is the new home warranty” (Who provides the warranty)
The warranty is provided by the builder and backstopped by Tarion. As the warranty provider, the builder is responsible for resolving warranty issues directly with a homeowner. In the event that a builder fails to resolve an issue or does not feel that it is covered, the homeowner can make a claim with Tarion.

In plain wordsIn plain words: the builder gives the warranty, so the builder must fix problems directly. If the builder does not, or says it is not covered, you can claim with Tarion.

Source: tarion.com/the-new-home-warranty · checked Oct 30, 2026

Common questions

Do I tell the builder first, or can I claim with Tarion right away?

Tarion says that before a formal claim you must tell the builder and give them a chance to look and repair. Do it in writing (email) so there is a record. You still have the right to contact Tarion for help at any time, and there are other kinds of help such as Early Intervention.

I missed the Year-End Form. What now?

There is a 10-day grace period after the deadline, but you must submit it manually and give written proof that you told the builder during the 1-year warranty period. Tarion says that if you do not submit a Year-End Form, some 1-year items may not be covered.

Do I have to find out what caused the problem?

Usually not. The law says that if you explain the reasons and the symptoms you see, you do not have to prove the cause unless the regulations say otherwise (s. 14 (5.1)). Keep photos with dates.

If the builder never fixes it, can I get money?

If the builder does not resolve covered items in the final 30 days after the conciliation report, Tarion checks with an inspection or desk assessment and then deals with the claim through its own claim resolution process. The law lets owners be paid from the guarantee fund for damages from a breach of warranty (s. 14 (3)). Tarion decides whether that means a repair or compensation.

What happens to the warranty if I sell?

The warranty stays with the home, so within 7 years of possession the new owner gets the time that is left. The new owner emails customerservice@tarion.com to move the warranty into their name.

Guides that use this term

Sources checked

  1. Ontario New Home Warranties Plan Act, ss. 13, 14, 17, 23 (e-Laws) · checked Oct 30, 2026
  2. Tarion, Coverage for Freehold, Contract, Condo Units & Condo Conversions · checked Oct 30, 2026
  3. Tarion, What is the new home warranty · checked Oct 30, 2026
  4. Tarion, Welcome Homeowners · checked Oct 30, 2026
  5. Tarion, The Pre-Delivery Inspection — common elements · checked Oct 30, 2026
  6. Tarion, Claim forms & timelines · checked Oct 31, 2026
  7. Tarion, The regular claims process · checked Oct 31, 2026
  8. Tarion, Making and resolving warranty claims · checked Oct 31, 2026