Tarion coverage caps: APS on/after July 1, 2023 — $400K freehold / $300K condo unit / $100K × units common elements to $3.5M cap; $50M project cap

Claim: Tarion post-possession coverage caps depend on when the Agreement of Purchase and Sale was signed.

APS signed Freehold cap Condo unit cap Common-elements cap Project cap
Before Feb 1, 2021 $300,000 $300,000 $50,000 × units, max $2.5M $50M
Feb 1, 2021 – June 30, 2023 $300,000 $300,000 $100,000 × units, max $3.5M $50M
On/after July 1, 2023 $400,000 $300,000 $100,000 × units, max $3.5M $50M

Sub-limits:

  • Environmentally harmful substances (radon, mould): $50,000 for APS on/after Feb 1, 2021. Pre-Feb 2021 agreements had a $15,000 mould/radon cap.
  • Septic systems: $25,000 cap on pre-Feb 2021 agreements (subsumed into general coverage afterwards).

Source: https://www.tarion.com/post-possession-coverage

Confidence: Verified.

Practical context: CBC Marketplace (Sept 25, 2024) profiled a couple whose 4-year-old Ontario home they described as a teardown. Tarion spokesperson Andrew Donnachie acknowledged the $300,000 max "may not be sufficient to entirely remove a foundation, demolish a home and rebuild" but described such cases as "exceedingly rare." CPBH has argued caps remain insufficient for serious construction-defect remediation.

See also Tarion 1-2-7 warranty in full — year-by-year coverage from possession through year 7 (workmanship, building envelope, distribution systems, MSD) for what the cap applies to.