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What counts as a 'major structural defect' under the Tarion 7-year warranty?

TSL Written by the Treadstone Law team· Updated June 2026

The seven-year major structural defect warranty is Tarion's most comprehensive long-term coverage. A major structural defect (MSD) is defined under the New Home Warranties Plan Act and generally means: a defect in a structural load-bearing component that results in the failure of a load-bearing element, or a defect that materially and adversely affects the use of the building as a home.

Not every crack in a foundation or wall qualifies. The defect must involve a load-bearing element — such as foundation walls, beams, columns, floor systems, or roof structures — and must pose a genuine risk of structural failure or render the home unlivable. Settlement cracks that are cosmetic in nature, for example, typically do not meet the MSD threshold.

Proving a major structural defect usually requires an engineering opinion. If you suspect an MSD, hire a licensed structural engineer to assess the issue and prepare a report before contacting Tarion or the builder. A Tarion field officer will also inspect, and the final determination involves a technical assessment of the building.

Seven years runs from the date of first possession, so even a relatively recent resale home may have remaining MSD coverage if it was built within that window.

Key takeaways

  • A major structural defect involves a failure in load-bearing elements or loss of habitability
  • Cosmetic cracks and settlement that don't affect structural integrity generally don't qualify
  • Obtain a structural engineer's report before filing an MSD claim with Tarion
  • Seven years runs from the original possession date, not the date of any resale
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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