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Tarion Warranty on a Freehold Home vs. a Condo in Ontario: What's Different

Compare Tarion warranty coverage and deposit protection for freehold homes versus condo units in Ontario, and see who can claim what and how.

Real Estate5 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-07
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Key takeaways
  • Both freehold homes and condo units bought new from an Ontario builder are covered by the same statutory framework under the Ontario New Home Warranties Plan Act, and both builders must…
  • ) The gap in deposit protection amounts in particular reflects the fact that condo deposits are typically a smaller portion of the purchase price paid up front compared to freehold…
  • There's no shared structure to navigate.

Ontario's statutory new-home warranty scheme, administered by Tarion, applies to both freehold houses and condo units — but the coverage amounts, and how a claim actually gets made, aren't identical between the two. If you're comparing a pre-construction freehold purchase to a pre-construction condo, or you already own one type and are trying to understand your protections, the differences are worth knowing before you need them.

Same Regulator, Different Structures

Both freehold homes and condo units bought new from an Ontario builder are covered by the same statutory framework under the Ontario New Home Warranties Plan Act, and both builders must be licensed by the Home Construction Regulatory Authority (HCRA). Where things diverge is in the specific coverage limits and — for condos — the fact that some coverage is claimed by the individual owner and some by the condominium corporation collectively.

Coverage Amounts Side by Side

Freehold HomeCondo Unit
Maximum statutory warranty coverage$400,000 (agreements signed on or after July 1, 2023)$300,000
Deposit protectionUp to $60,000 (price $600,000 or less); 10% of price to a maximum of $100,000 (price over $600,000)Up to $20,000

(Figures as of mid-2026 — verify the current amounts before relying on them, as coverage and protection limits can be adjusted over time.)

The gap in deposit protection amounts in particular reflects the fact that condo deposits are typically a smaller portion of the purchase price paid up front compared to freehold deposit structures — though the practical amount at risk for any individual buyer still depends on their specific agreement.

Who Files the Claim: Individual vs. Shared

This is the structural difference that matters most in practice:

A freehold buyer manages their entire warranty relationship directly. A condo buyer manages part of it directly (their unit) and relies on the corporation for the rest.

The Structural (Year 7) Piece, and How It Applies to Each

Both freehold and condo coverage include a longer period specifically addressing major structural defects, commonly described as Year 7 protection, on top of the earlier-year coverage. This is not blanket seven-year coverage of every possible issue — it's targeted at major structural problems specifically. For a freehold home, this applies to the house itself; for a condo, it applies to the building generally, and — consistent with the split above — a major structural issue in a condo is typically a common elements matter for the corporation to pursue, not an individual unit claim.

Practical Differences at Closing

Neither structure is inherently better; they simply reflect the different nature of owning an entire property outright versus owning a unit within a shared building.

Frequently asked questions

Is the maximum warranty coverage the same as what I'd actually receive for a claim?

No. The maximum figures are ceilings, not guaranteed payouts. Actual coverage for any specific claim depends on the nature of the defect, when it's reported, and the specific facts involved.

If I'm buying a condo, do I need to worry about the freehold figures at all?

Generally no, though it's useful context if you're deciding between a freehold and condo purchase, or if you already own one type and are curious how the other compares.

Does deposit protection cover the entire deposit I've paid on a condo?

Only up to the protected maximum. If your deposit exceeds that amount, the excess isn't automatically covered by this specific protection — worth discussing with a lawyer as part of reviewing your purchase agreement.

Who do I contact for a warranty claim — Tarion or my builder?

Tarion administers the statutory warranty scheme itself, though your builder is also typically involved in addressing deficiencies directly, especially early on. Your purchase documentation should outline the process; a lawyer can help you sort out the right sequence if it's unclear.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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