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Types of New Homes

Once you have determined what you are looking for in a new home, it is important to understand the types of homes that are available to you. Statutory warranty coverage may vary depending on the type of home you buy.

The most common forms of housing can be grouped into three types, and each are discussed below:  

  • Freehold
  • Condominium
  • Custom/Contract Homes

However, certain dwellings may not be covered under the statutory warranty for a variety of reasons. To learn more, please see Other Dwellings: Not Covered or Special Considerations. Note: If you buy a resale home that is less than seven years old, and was originally covered under the statuory warranty, you are entitled to the remaining statutory warranty coverage.

The statutory warranty applies to new homes built by a builder. If you as a 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.

Freehold Homes

A freehold home is a fully detached, semi-detached or townhouse dwelling that is entirely owned by the purchaser. All maintenance (indoors and out) is the sole responsibility of the owner and no monthly maintenance fees are required.

Condominiums

If a home is a condominium unit, the owner is required to pay a monthly fee for the upkeep of the common elements. Common elements are the areas shared by residents, such as lobbies, parking garages, and recreational facilities such as pools and gyms. These spaces are looked after by the condominium corporation. Condominium projects can include high-rise buildings, low-rise buildings, townhouses, semi-detached homes and detached homes.

Generally, when you buy a new condominium, your statutory warranty covers both your unit (the home you purchase) and the common elements. Statutory warranty coverage for a unit will begin on the date you take possession of your home. Statutory warranty coverage for common elements takes effect when the condominium is registered as a corporation. The condominium corporation addresses any statutory warranty matters for the common elements.

There are, however, new types of condominiums available, and statutory warranty coverage is not the same for all types. For example, for "common elements condominiums" and "vacant land condominiums", there is no coverage for the common elements. See Other Dwellings: Not Covered or Special Considerations. You should check with your condominium lawyer if you are not sure about what the statutory warranty will cover.

If your condominium is not brand new, the statutory warranty coverage you receive may be limited. For example, if you purchase a unit in a building that has been registered for more than one year, parts of the common elements coverage may have expired. There are other reasons why your condominium may have limited warranty coverage or no coverage - please see Other Dwellings: Not Covered or Special Considerations.

However, if you purchase a unit from a previous owner, and the unit was originally covered under warranty, you are entitled to the remaining warranty coverage on that unit and on the common elements.

Custom/Contract Homes

A custom or contract home is usually a freehold home that is custom-built to include features that are specified by the purchaser.

A custom or contract home is not always covered under the statutory warranty. If the home is built from the foundation to the finished stage by a builder, the home is likely eligible for statutory warranty coverage. However, there are a variety of reasons why a custom or contract home may not be covered under the statutory warranty - please see Other Dwellings: Not Covered or Special Considerations.

As with any new home transaction, it is recommended that you have a formal contract with the builder that has been drawn up or reviewed by a lawyer before beginning construction on a custom or contract home.

 

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