New home owners benefit from One Year Warranty Protection and Two Year Warranty Protection against defects in work and materials, and Seven Year Warranty Protection against major structural defects (MSD). Warranty coverage begins on the date of possession of a home or condominium unit, and remains in effect until the end of the warranty period, even if the home is sold before the warranty expires.
30 Day Warranty
After moving into a new home, you may notice that one or more of the items listed on the PDI form have yet to be corrected to your satisfaction. In addition you may find other items within the first 30 days that were missed during the PDI orientation or have become apparent since taking possession.
You should fill out and submit the 30-Day Form on or about the 25th day after the date of possession. The 30 day warranty ensures that your home is:
Free from defects in work and material; fit to live in; Meets the Ontario Building Code.
1 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, 2015, the one year warranty begins on October 23, 2015 and ends on October 22, 2016.
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.
2 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, 2015, the two year warranty begins on October 23, 2015 and ends on October 22, 2017.
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.
- During the first two years of possession of your home, the warranty is provided by your builder. After that, during years three through seven, the warranty is provided directly by Tarion.
7 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.
- 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'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.
- 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.
What is Not Covered
- The following conditions and/or items are NOT covered by 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 any 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.
- 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 secondary damage.
- 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.
- 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.
- Damage caused by municipal services or other utilities.
- Surface defects in work and materials noted and accepted in writing by the homeowner at the time of possession.
- Damage caused by the homeowner or visitors.
- Contractual warranties which lie outside the Ontario New Home Warranties Plan Act.
- You may have recourse for these warranties under your purchase agreement.