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Real Estate

How much compensation can I get if my new home builder misses my occupancy date?

TSL Written by the Treadstone Law team· Updated June 2026

If your builder misses the firm occupancy date without providing proper advance notice under the Tarion addendum, you may be entitled to compensation under the delayed-closing (or delayed-occupancy) warranty. Tarion sets the maximum daily compensation rate and the overall cap, and these amounts are updated periodically, so check the current schedule at tarion.com.

To be eligible, the delay must not fall within one of the categories of "permitted delays" listed in your agreement — events such as certain labour disruptions or force majeure events — and the builder must have failed to give timely written notice for the extension.

Compensation generally covers out-of-pocket costs caused by the delay: costs of temporary accommodation, storage, meals (if you have vacated your previous home), and similar direct expenses. Keep every receipt and record all extra costs from the date of the missed closing forward. Compensation is subject to a daily maximum and an overall cap regardless of your actual losses.

To claim, you submit a warranty claim to Tarion. The process is administrative rather than through the courts. If your losses exceed the warranty caps, a separate legal claim against the builder may be possible but involves litigation risk and cost.

Key takeaways

  • Tarion's delayed-closing warranty provides compensation when a firm date is missed without proper notice
  • Daily and total compensation are capped at amounts set by Tarion — check tarion.com for current figures
  • Keep all receipts for extra accommodation, storage, meals, and related expenses
  • File the warranty claim with Tarion; separate litigation may be needed for losses above the cap
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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