Statutory Warranty Forms – Submit them on time!

Tarion works with homeowners and builders to resolve disputes about statutory warranty coverage and to determine how repairs should be completed and how much time they will require.  However, Tarion is only able to become involved in a claim at the homeowner’s request, which is made by properly submitting a Statutory Warranty Form.  (Please see the rules for Form submission, outlined below). Submission of a Statutory Warranty Form triggers a specific statutory warranty process.

Homeowners must use specific Forms within specific time periods in order to submit outstanding warranty items to Tarion.  When considering whether to submit a Statutory Warranty Form, homeowners should refer to their purchase agreement or Pre-Delivery Inspection (PDI) Form to determine whether any items remain outstanding or unresolved.  Tarion’s Construction Performance Guidelines can help homeowners determine what does and does not represent a warrantable defect for almost 300 items.

This Form is used to notify Tarion of outstanding warranty items during the first 30 days of possession of a new home. 

For example: If a home’s date of possession is October 23, 2005, the 30-Day Form could be submitted between October 24, 2005 and November 22, 2005.

Items that can be included on this Form include those that were listed on the PDI Form that have not been addressed, as well as new items that homeowners have discovered since taking possession of their home. 

Please note:  Only one 30-Day Form may be submitted. Tarion will only accept and act on the first 30-Day Form that is properly submitted on time.  Homeowners should ensure that it is complete.  If not they will have to wait until the last 30 days of the first year of their home’s possession to notify Tarion of outstanding warranty items. 

30-Day Forms will be handled by Tarion according to specific timelines set out in the Statutory Warranty Process.
                                                                         

This Form is used to notify Tarion of outstanding warranty items during the last 30 days of the first year of possession of a new home. 

For example: If a home’s date of possession is October 23, 2005, the Year-End Form could be submitted between September 23, 2006 and October 22, 2006.  Since, in this example, the year-end expiration of October 22, 2006 falls on a Sunday, the submission period would be extended to the next business day: Monday, October 23, 2006 (see Forms Submission below).

Please note: Only one Year-End Form may be submitted. Tarion will only accept and act on the first Year-End Form that is properly submitted on time.  Homeowners should ensure that it is complete.  If not they will have to wait until the second year of the home’s possession, during which only two-year warranty items may be reported.

Year-End Forms will be handled by Tarion according to specific timelines set out in the Statutory Warranty Process.

During the second year of a new home’s possession, homeowner’s may use a Second-Year Form to notify Tarion of outstanding warranty items covered by the two-year warranty or the major structural defect warranty.

For example: If a home’s date of possession is October 23, 2005, a Second-Year Form may be submitted to Tarion at any time between October 23, 2006 and October 22, 2007.

Please note: Second-Year Forms may be submitted to Tarion anytime during the second year of possession and as often as required.

Second-Year Forms will be handled by Tarion according to specific timelines set out in the Statutory Warranty Process.

During years 3 through 7 of a new home’s possession, homeowners may make a claim regarding any major structural defect (MSD) items directly to Tarion by using a Major Structural Defect Form.  Such claims may be made at anytime during a home’s third year of possession, but no later than the end of seventh year of possession. You can obtain tihs Form by calling Tarion at 1-877-9TARION (1-877-982-7466).

For example: If a home’s date of possession is October 23, 2005, a Major Structural Defect Form may be submitted to Tarion beginning on October 23, 2007 through until October 22, 2012.

Please note: During the first two years of a home’s possession, the major structural defect warranty is provided by the builder.  

Statutory Warranty Forms may be submitted to Tarion by bringing them to our office or by sending them via fax, courier or mail.  Upon receipt of a Statutory Warranty Form, Tarion will send a notice to a homeowner confirming the Form has been received on time.

Homeowners should be aware that if a Form is sent by regular or registered mail, submission is effective on the postmark date. Forms sent by regular mail must be received by Tarion on or before 10 days after the submission expiry date for that particular Form. 

If a Form is sent by registered mail and the postmark is missing or illegible, the date on the receipt given to you by the Post Office will be used.  Submission by regular or registered mail is not advisable during a general interruption of postal service (during a labour dispute, for example).

Where a time period ends on a weekend or holiday, it is extended to the end of the next business day that is not a holiday (i.e., where the time period to submit a 30 Day-Form ends on a Sunday, it will be extended to end on the next Monday where Monday is not a holiday).

Submission periods are subject to the December 24 to January 1 (inclusive) Holiday Period which takes into account the difficulties builders may face in scheduling appointments and performing work during this period.  See the Statutory Warranty Process for more details. 

Please remember: During the first two years of possession, a copy of each Form you submit to Tarion should also be sent to the builder so they can repair or otherwise resolve the items.