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Year one
During the first year of possession, homeowners will have two opportunities to report warranty items covered by the Ontario New Home Warranties Plan Act.
It is essential that homeowners use the standard forms and submit* them, when necessary, to both their builder and to Tarion. It is also important that homeowners follow the instructions on the forms to ensure that they are complete and are submitted on time.
The 30-Day Form
After moving into a new home, homeowners may notice that one or more of the items that they listed on the PDI Form have yet to be corrected to their satisfaction.
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| DON’T MISS OUT! | | Homeowners should fill out and submit* the 30-Day Form on or about the 25th day after the date of possession. Homeowners who don’t submit a 30-Day Form on time will have to wait until the final 30 days of the first year of possession to make a warranty service request. |
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In addition, homeowners may find other items within the first 30 days that were missed during the Pre-Delivery Inspection or have become apparent since taking possession.
At any time within the first 30 days after possession, homeowners may submit a 30-Day Form listing outstanding PDI items and any new items discovered since they took possession of your home. Please note that only one 30-Day Form can be submitted and copies must be sent to both the builder and to Tarion.
IMPORTANT
Only forms submitted on time will be accepted. They will be handled according to the timelines set out in the Warranty Service Rules. To protect their warranty rights, homeowners should obtain proof of their warranty service request submission to Tarion (such as a fax confirmation sheet or registered mail receipt).
The Delayed Closing/Occupancy Form
Purchasers of condominium units and freehold homes with a date of possession between October 1, 2003 and April 30, 2004, inclusive, may submit a Delayed Closing/Occupancy Form with copies of all receipts in the first year of possession, either within 30 days from the date of possession; or during the final 30 days of the first year of possession. The Delayed Closing/Occupancy Form package may be obtained by contacting the Tarion corporate office.
Tarion will be deemed to have received only the first Delayed Closing/Occupancy form that the homeowner submits. If the homeowner does not submit a Delayed Closing/Occupancy Form either during the first, or during the final 30 days of the first year of possession, then Tarion will consider the homeowner’s file as closed regarding delayed closing/occupancy warranty service requests.
Please review the Warranty Service Rules that apply to delayed closing/occupancy warranty service requests for condominium units and freehold homes with a date of possession on or after May 1, 2004, or refer to Revised Builder Bulletin 25.
The Year-End Form
The 30-Day Form is intended to catch most warranty items and allow for timely repairs. However, it takes several months for the natural materials in a new home to dry and settle. After a home has weathered an Ontario winter, new items may emerge that are covered under the one year warranty.
At any time within the last 30 days before the expiry of year one of your warranty, homeowners may submit a Year-End Form listing any new or outstanding items. Only forms submitted on time will be accepted.
When does year-end warranty service begin?
The start date of the builder’s responsibility to service the items covered by warranty depends on the method the homeowner used to submit their Year-End Form. If homeowners submit a Year-End Form:
- By fax, courier or hand, the start date is the first anniversary of the date of possession;
- By regular or registered mail, the start date is the later of the day after the form is received by Tarion or the first anniversary of your date of possession. The builder's responsibility to service the items follows the timelines set out in the Warranty Service Rules.
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Year two
At any time during the second year of possession homeowners may submit a Second-Year Form for any two year warranty items.
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The builder’s responsibility to service these items begins on the day after Tarion receives the form and follows the timelines set out in the Warranty Service Rules.
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Years three through seven
At any time after the second year of possession, but no later than the expiry of the seventh year of the warranty, homeowners may report any MSD items directly to Tarion using an MSD Form.
After the second year of possession, Tarion, not the builder, is responsible for any new MSD warranty service requests.
A Note for Condo Owners Regarding Common Elements
Condominium unit owners should notify their condominium corporation’s Board of Directors if they see damage or defects in the common elements so that the Board can decide what action to take under the common elements warranty. |
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| CHECK IT OUT | | Homeowners or builders who are in doubt as to whether an item is covered by the warranty should consult the Construction Performance Guidelines. The Guidelines describe many of the most commonly reported warranty service requests and indicate which are covered by the warranty and which are not. |
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* Submit means submit by hand, courier, fax or, except during a general interruption of postal service, by regular or registered mail. In the case of regular mail, submission is effective on the postmark date and must be received by Tarion on or before 5 days after the expiry of the time provided herein for the submission of the Warranty Service Form. In the case of registered mail, submission is effective on the date of mailing and will be deemed to be made on the postmark date as it appears on the envelope received by Tarion, or, if the postmark date is missing or illegible, on the date shown on the registered mail receipt given to you by the Post Office. Submission by regular or registered mail is not effective during a general interruption of postal service (for example, a strike or lockout). In the case of a fax, for homes with a date of possession on or after May 1, 2004, submission is effective on the day sent regardless of whether or not the day is a business day. For homes with a date of possession before May 1, 2004, submission by fax is effective on the business day it is sent to Tarion, if sent before 12:00 midnight, and otherwise on the next business day. If sent by hand or courier, submission is effective on the business day it is received by Tarion, if received before 5:00 p.m., and otherwise on the next business day.
Submission periods are subject to the December 24 to January 1 (inclusive) Holiday Period, in which any time period fixed in the Warranty Service Rules will be extended if any portion of the time period occurs during this holiday period. Time periods which would span, or would start or end during this holiday period will be extended by nine days and all related subsequent time periods will be adjusted so that they remain consecutive. For example, a time period which would otherwise end on December 28 will be extended to January 6; and a time period which starts December 15 and would otherwise end on January 13 will be extended to January 22.
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