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Your Home's Statutory Warranty - What's Excluded

Knowing what's not covered under warranty is just as important as knowing what is.

In order to avoid potential misunderstandings or disappointment, both builders and homeowners should educate themselves about what's not covered under the Ontario New Home Warranties Plan Act.

Knowing what's not covered should also help homeowners protect their warranty by ensuring that they are properly maintaining their home.


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.
Types of Dwellings

 The following dwellings are not covered by the warranties under the Ontario New Home Warranties Plan Act:

  • Temporary or seasonal homes not built on permanent foundations and not insulated sufficiently to enable year-round living (e.g. cottages);
  • Homes built on existing footings or foundations;
  • Homes built in converted buildings;
  • Homes that have been lived in or rented by the builder before they are sold;
  • Homes that are built by their owners.
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