TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Home/Articles/Real Estate
№ 507 Real Estate

What Tarion Warranty Doesn't Cover in Ontario: Common Exclusions

Tarion's new home warranty doesn't cover everything. Here's what generally falls outside coverage for Ontario new home and condo buyers, and why.

Real Estate5 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-07
All articles
Key takeaways
  • The core distinction to hold onto: Tarion covers construction and material defects that fall within its published standards and your applicable warranty period (commonly described as…
  • Some of the most common claim denials fall into this category: - Ordinary wear and tear that comes with normal use over time - Damage caused by a homeowner's failure to perform routine…

New home buyers often treat Tarion's statutory warranty as an all-purpose safety net — if something goes wrong with the house, Tarion will fix it. That's not quite accurate, and the gap between what people expect and what's actually covered is where a lot of frustration comes from.

Tarion's warranty, administered under the Ontario New Home Warranties Plan Act, covers defects in work and materials within defined periods and categories. It was never designed to cover everything that can happen to a house over time. Knowing the general shape of what falls outside coverage helps you set realistic expectations — and figure out where a different remedy (a manufacturer's warranty, your own insurance, or ordinary maintenance) is the right path instead.

Tarion Covers Defects — Not Everything That Goes Wrong

The core distinction to hold onto: Tarion covers construction and material defects that fall within its published standards and your applicable warranty period (commonly described as Year 1, Year 2, and Year 7, with Year 7 addressing major structural defects specifically). It does not cover every problem a homeowner might encounter, even in a relatively new home.

Normal Wear, Maintenance, and Homeowner-Caused Issues

Some of the most common claim denials fall into this category:

Tarion's warranty is about defects that originate with construction — not the ordinary aging of a home or damage introduced after the fact.

Items Typically Covered by a Different Warranty

Not everything in your new home falls under Tarion at all:

If an appliance stops working, your first call is usually the manufacturer, not Tarion.

Cosmetic and Pre-Existing Items Noted at Possession

Deficiencies that are cosmetic in nature, or that were identified (and often acknowledged) at your pre-delivery inspection, are generally expected to be tracked and addressed through the standard claims process for the applicable warranty period — but purely cosmetic issues discovered well after possession, without documentation, can be harder to establish. This is part of why documenting everything carefully at your PDI matters.

Secondary Damage and Consequential Losses

Tarion's warranty is generally structured around repairing the defect itself, not necessarily every downstream consequence of it. Losses like temporary accommodation costs, lost time, or other indirect impacts of a defect are treated differently than the direct repair itself, and coverage for these can be limited or excluded depending on the circumstances.

What's Simply Uncertain — Get It Confirmed

Some categories genuinely depend on the specific facts of your situation and aren't safe to generalize about, including:

Rather than assuming an item is or isn't covered, the reliable path is to check Tarion's current published construction performance guidelines or ask a lawyer familiar with new home warranty claims.

Frequently asked questions

If Tarion denies my claim, is that the final answer?

Not necessarily. Tarion offers a conciliation process for disputed claims, and in some circumstances a denial can be challenged further. A denial is a starting point for next steps, not automatically the end of the road.

Does Tarion cover appliances that came with my new home?

Generally no — appliances are typically covered by the manufacturer's own warranty rather than Tarion's new home warranty. Check the paperwork that came with each appliance.

Is a scratch on my countertop covered if I only notice it a year after moving in?

This depends heavily on when the issue was first identifiable and whether it was documented at your pre-delivery inspection or within your applicable warranty period — it's exactly the kind of situation worth getting specific advice on rather than assuming either way.

My builder says an issue is "just normal settling." Is that always true?

Not necessarily — "normal settling" is a real phenomenon, but it's also sometimes used loosely to dismiss legitimate defects. If you're not confident the explanation is accurate, it's reasonable to seek a second opinion or pursue the claim through Tarion's process.

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.

This is a real estate question

Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.

ContactStart a File →