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TARION Warranty Process for New Construction Properties

As is the case with any important warranty, there are critical pieces of information (outlined below) which Owners and Residents should be aware of. There are three statutory warranties that apply to your suite: a one (1) year warranty, a two (2) year warranty and a seven (7) year warranty.

The One Year Warranty
Your home’s statutory one year warranty coverage begins on the date you take possession of your suite and ends on the day before the first anniversary of this date. For example, if your home’s date of possession is November 8, 2009, the one year warranty begins on November 8, 2009 and ends on November 7, 2010. The one year warranty is provided by your builder and it requires that the home be:
• Constructed in a workmanlike manner and free from defects in material;
• Fit for habitation;
• Constructed in accordance with the Ontario Building Code; and
• Free of major structural defects.

The Two Year Warranty
Your suite’s statutory two year warranty coverage begins on the date you take possession of the home and ends on the day before the second anniversary of this date. The two year warranty is provided by your builder and covers:
• Water penetration through the basement or foundation walls;
• Defects in materials, including windows, doors and caulking, or defects in work that result in water penetration into the building envelope;
• Defects in work and materials in the electrical, plumbing and
heating delivery and distribution systems;
• Defects in work or materials which result in the detachment,
displacement or deterioration of exterior cladding (such as brickwork, aluminum or vinyl siding);
• Violations of the Ontario Building Code affecting health and safety (including, but not limited to, violations relating to fire safety and the structural adequacy of the home); and
• Major structural defects.

The Seven Year Warranty
Your home’s seven year warranty covers major structural defects and begins on the date you take possession of the home and ends on the day before the seventh anniversary of that date.
A major structural defect is defined in the Act as:
• Any defect in work or materials that results in the failure of a load-bearing part of the home’s structure or materially and adversely affects its load-bearing function; or
• Any defect in work or materials that materially and adversely affects the use of the building as a home.

Your Home ’s Statutory Warranty - What Is Excluded?
The following conditions and/or items are not covered by the statutory warranty:

Homeowner Action/Involvement
• If you as homeowner exercise significant control over construction (e.g., entering into contracts directly with subtrades) or contribute one or more essential elements (e.g., footing/foundation, exterior cladding, building envelope, or an electrical, Plumbing or heating system), then the home may not qualify for the statutory warranty.
• Damage resulting from improper maintenance such as dampness or condensation caused by the Homeowner’s failure to maintain proper ventilation levels or improper operation of a humidifier, hot tub or other moisture producing device.
• Alterations, deletions or additions made by the homeowner (such as changes to the direction of the grading or the slope of the ground away from the house).
• Defects in materials, design and work supplied or installed by the homeowner/purchaser.
• Damage caused by the homeowner or visitors.

Third Party Damage
• Damage from floods, “acts of God”, wars, riots or vandalism.

Normal Wear and Tear

• Normal wear and tear, such as scuffs and scratches to floor and wall surfaces caused by homeowners moving, decorating and/or day-to-day use of the home.
• Normal shrinkage of materials that dry out after construction (such as nail “pops” or minor concrete cracking).

Secondary/Consequential Damage
• Secondary damage caused by defects under warranty. While the defects themselves are covered, the personal or property damage they cause is not. However, your homeowner insurance may cover such secondary or consequential damage.
• Personal injury and loss of income associated with defects or repairs.

Supplementary Warranties/Agreements

• Warranties or agreements provided by your builder over and above the statutory warranty. Such matters are between you and your builder and are not enforced by Tarion.

Posted on Tuesday, February 26, 2013 at 01:14PM by Registered CommenterElaine in | CommentsPost a Comment

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