Warranties

Warranties


One Year Warranty

Your home’s statutory one year warranty coverage begins on the date you take possession of the home and ends on the day before the first anniversary of this date.

For example, if your home’s date of possession is October 23, 2005, the one year warranty begins on October 23, 2005 and ends on October 22, 2006.

  • 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.

Determine if Item is Covered by One Year Warranty

Homeowners and builders who are in doubt as to whether an item is covered by the warranty should consult the Construction Performance Guidelines which describe many of the most commonly reported warranty service requests and indicate which are covered by the warranty.

How to Request Warranty Service

Please see Statutory Warranty for details on how to request service for items covered by the One Year Warranty.

Additional Warranties

Builders should also provide copies of any statutory warranties given by manufacturers, suppliers and subcontractors which may extend beyond the first year. In these cases, claims should be made directly to the manufacturer or distributor.

Construction Performance Guidelines

 

Two Year Warranty

Your home’s two year statutory warranty coverage begins on the date you take possession of the home and ends on the day before the second anniversary of this date.

For example, if your home’s date of possession is October 23, 2005, the two year warranty begins on October 23, 2005 and ends on October 22, 2007.

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 or 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. (Major structural defects are specifically defined in the Ontario New Home Warranties Plan Act and discussed in more detail in the Seven Year Warranty section.)

Determine if Item is Covered by Two Year Warranty

Homeowners and builders who are in doubt as to whether an item is covered by the warranty should consult the Construction Performance Guidelines which describe many of the most commonly reported warranty service requests and indicate which are covered by the warranty.

How to Request Warranty Service

Please see Statutory Warranty for details on how to request service for items covered by the Two Year Warranty.

 

Seven Year Warranty

Your home’s seven year warranty covers major structural defects (MSD) and begins on the date you take possession of the home and ends on the day before the seventh anniversary of that date.

For example, if your home’s date of possession is October 23, 2005, the seven year MSD warranty begins on October 23, 2005 and remains in effect until and including October 22, 2012.

A major structural defect is defined in the The Ontario New Home Warranties Plan Act  as:

  • Any defect in work or materials that results in the failure of a load-bearing part of the home’sstructure 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 buildingas a home.

The seven year MSD warranty includes significant damage due to soil movement*, major cracks in

basement walls, collapse or serious distortion of joints or roof structure and chemical failure

of materials.

In addition to the general exclusions, the seven year MSD warranty specifically

excludes: dampness not arising from failure of a load-bearing portion of the building; damage to

drains or services; and damage to finishes.

Determine if Item is Covered by 7 Year Warranty

Homeowners and builders who are in doubt as to whether an item is covered by the Seven Year Warranty should consult the Construction Performance Guidelines which describe many of the most commonly reported warranty service requests and indicate which are covered.

 

* Soil movement means subsidence, expansion or lateral movement of the soil not caused by flood,

earthquake, “acts of God” or any other cause beyond the reasonable control of the builder.

 

The following conditions and/or items are not covered

by the statutory warranty:

 

Homeowner Action/Involvement 
    • The statutory warranty applies to new homes built by a builder. 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, framing, 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. Please see page 19 of the current Homeowner Information Package for information about how to ensure you are properly maintaining your new home.

    • 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.

 

        Note: The Pre-Delivery Inspection and completion of a PDI Form during this inspection are very
important in terms of resolving potential disputes about who is responsible for damage in the home.
If you are claiming an item of damage that is not listed on the PDI Form, it will be important for you
to provide some explanation as to how the damage was caused and why it was not listed on the
PDI Form (for example, if the damage was caused later during repair work to the home).

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).
  • Settling soil around the house or along utility lines.

Third Party Damage

  • Damage arising from municipal services and utilities.
  • Damage from floods, “acts of God”, wars, riots or vandalism.
  • Damage from insects or rodents, unless it is the result of construction that does not meet the Ontario Building Code.

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.