Defects in the builder\'s work, water leaks and system failures in your first two years go to the builder and Tarion. Wear and tear, drying shrinkage and damage you caused are yours to fix.
A newer Stouffville subdivision home comes with a safety net most older homes never had: Ontario's new home warranty, administered by Tarion. The catch is that the net only catches some things, and the clock starts on your possession date, not the day you noticed the problem. Before you call anyone to fix something, it is worth knowing which side of the line it falls on.
What the warranty covers, year by year
Tarion's published coverage for freehold homes runs in three stages, all counted from your date of possession:
- Year one: defects in work and materials, Ontario Building Code violations, unauthorized substitutions and fitness for habitation.
- Year two: water penetration through basement or foundation walls, exterior cladding that detaches or deteriorates, and defects in the electrical, plumbing and heating systems.
- Years three to seven: major structural defects only, ending on the seventh anniversary of possession.
For a home whose purchase agreement was signed on or after July 1, 2023, Tarion lists a coverage limit of up to $400,000 for a freehold home. Older agreements carry lower limits, so check the date on yours.
What lands on you instead
Tarion's own list of what is not covered includes normal wear and tear, normal shrinkage of materials as they dry after construction, damage caused by the homeowner or visitors, and alterations, deletions or additions made by the homeowner. It also excludes dampness or condensation caused by not keeping up adequate ventilation, and settling of land around the building (other than beneath the footings). Surface defects you accepted in writing on possession day are excluded too.
In practice, that means a hairline drywall crack that appears as the framing dries is usually shrinkage, not a claim, while a window that leaks in the first two years is a claim. Worn caulking or a loose cabinet hinge in year four is a normal job for a handyman. Tarion's pages do not give a list sorted by room, so when a case is borderline, ask Tarion or your builder rather than guessing.
The one rule: report before you repair
Because alterations by the homeowner are excluded, a repair you pay for before reporting can hand the builder a reason to refuse the item. Take dated photos, describe the problem in writing, and send it to the builder as well as adding it to your Tarion claim. Only after the builder has fixed it, refused it, or the deadline has passed does it become a job for someone you hire.
The deadlines that actually matter
For homes with a possession date after Tarion's 2024 changes, Tarion's claim-forms page describes an Initial Form you can add items to from day one, which it submits automatically on day 41. A Mid-Year Form opens on day 42 and is submitted on day 183. A Year-End Form collects items from day 183 and is submitted on day 365; only one Year-End Form is accepted. A 10-day grace period exists for the Year-End Form, but it is submitted manually and you must show written proof that you reported the item to your builder during the first year.
Second-year items go on a Second-Year Form, which you can file any time during year two. Major structural defect claims can be filed after year two, but no later than seven years from possession. If your possession date was earlier than that change, your forms may have different names, so log in to Tarion's homeowner portal to see your own dates.
A quick sort before you pick up the phone
- Is it within two years of your possession date and about water, plumbing, electrical, heating or cladding? Report it to the builder and Tarion.
- Is it within the first year and a flaw in workmanship, such as a poorly hung door or a bad paint finish? Put it on your next form.
- Is it wear, drying shrinkage, or something you or a guest caused? Price it as a regular job.
- Is it past year two and not structural? It is almost certainly yours, so get a written price.
Quick answers
Does Tarion cover a leaking window in a new Stouffville home?
Yes if it is a defect in work or materials in the first year, or water penetration in the first two years. Report it to your builder and Tarion on the claim form, in writing, before anyone else touches it.
Can I hire a handyman for a defect Tarion covers?
You can, but repairing it yourself risks the claim. Tarion excludes alterations, deletions or additions made by the homeowner, so report the item first and let the builder fix it.
What does Tarion not cover in a new house?
Normal wear and tear, normal shrinkage of materials as the house dries, and damage caused by the homeowner or visitors. Those are ordinary jobs you pay for yourself.
How long do I have to report a problem to Tarion?
Items for the first year go on forms that Tarion submits automatically on day 41, day 183 and day 365 after possession. Second-year items can be filed any time in year two.
Who do I call if the problem is not covered?
Get a written fixed price from a vetted tradesperson. Rhodex can price small jobs like caulking, drywall touch-ups and fixture swaps.
Check your own paperwork
Your possession date, your builder's pre-delivery inspection notes and your purchase agreement decide the details. A new home in Stouffville is covered the same way as a new home anywhere in Ontario, so this guide is a starting point, not a ruling on your claim. For anything disputed, contact Tarion directly.
Related reading
- Small Jobs in a Newer Stouffville Subdivision Home: What Still Needs Fixing After the Warranty Runs Out
- Exterior Repairs on an Older Main Street Stouffville Home vs. a Newer Ninth Line Build
- Documenting Work for a Warranty Claim
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