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Exceptions to the Statutory Warranty Process

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For freehold homes and condominium units with a date of possession on or after October 1, 2003 

There are circumstances that may affect the builder’s ability to make adjustments and/or corrections according to the process and timelines specified in the Homeowner Information Package.  While these are rare, it is important that you understand what they are. 
 
     
     
    Exceptions In Case Of Emergency


    Certain severe conditions constitute an emergency situation. An emergency is defined as any warrantable deficiency within the control of the builder that, if not attended to immediately, would likely result in imminent and substantial damage to the home, or would likely represent an imminent and substantial risk to the health and safety of its occupants. Examples of emergency situations include:

    1. Total loss of heat between September 15 and May 15;*
    2. Gas leak;*
    3. Total loss of electricity;*
    4. Total loss of water supply;*
    5. Total sewage stoppage;*
    6. Plumbing leakage that requires complete water shut-off;
    7. Major collapse of any part of the home’s exterior or interior structure;
    8. Major water penetration on the interior walls or ceiling;
    9. A large pool of standing water inside the home; or
    10. Any situation where, in the opinion of Tarion, the home is uninhabitable for health or safety reasons.

      * Emergency situations due to the failure of a municipality or utility to provide the service are not within the builder’s control.

    What to do in an Emergency Situation

    1. Homeowners should immediately call the emergency contact telephone number provided by the builder with the Homeowner Information Package. (Condominium owners should also contact the condominium corporation’s Board of Directors and/or the Property Manager).  
    2. If the homeowner is unable to reach the builder or if the builder does not correct the situation within 24 hours, the homeowner should contact Tarion for further assistance.
    3. If the homeowner cannot reach the builder or Tarion, and has no other option but to have the work completed, the homeowner or their contractors should correct the situation. However, only the emergency condition should be corrected and the problem should be documented with pictures, both before and after (if possible).
    4. The homeowner should not repair consequential damage to builder-installed materials. If the builder is responsible for the emergency item, they will handle any such consequential damage within 30 days of the homeowner's notice to them and to Tarion. If the builder fails to repair the consequential damage, Tarion will work with the homeowner directly to settle the matter.
    5. In the circumstances set out in part 3 above, to recover costs the homeowner will need to submit an Emergency Form (available by calling 1-877-9TARION [1-877-982-7466] ) as soon as possible after completing the repair. On the form, the homeowner must describe the problem in detail as well as the repair methods used by the contractor.  Include all receipts/invoices received for work and materials. The homeowner should submit the original to Tarion and send a copy to the builder.

    Apart from taking steps to protect their property or safety,  homeowners should not undertake any repair work without giving the builder 24 hours to assess the problem and take corrective measures. Homeowners will not automatically receive reimbursement for emergency repairs and, in addition, completing the work without the builder’s assessment may jeopardize the home's warranty coverage.

     

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    Seasonal Warranty Items


    Seasonal warranty items involve service requests regarding the exterior of the home which cannot be repaired effectively within the timelines set out in the Homeowner Information Package due to regular seasonal conditions and/or severe sustained weather.

    The period from May 1 to November 15 is generally considered to have suitable weather conditions for making such repairs. In high-rise and low-rise condominium projects, these items are more likely to affect the common elements warranty and if so, would be handled by the condominium corporation’s Board of Directors.

    These items include:

    • Exterior painting;
    • Exterior cement/concrete work (including parging application/repair);
    • Exterior mortar work (including brick installation/repair);
    • Exterior stucco work/repairs (including repairs to exterior insulation finishing systems [EIFS]);
    • Exterior caulking;
    • In-ground support for decks; and
    • Any other exterior work deemed appropriate by Tarion (but not including air conditioning, grading, sod, driveways and walkways which are covered separately below).

    Seasonal warranty items should be reported on a 30-Day, Year-End or Second-Year Form, as appropriate. They will be dealt with according to the timelines set out in the Homeowner Information Package subject to suitable weather conditions as described above. If the builder cannot correct a seasonal warranty item within the required timelines due to unsuitable weather conditions, they must complete the repairs as soon as possible after suitable weather conditions return and in any event between the following May 1 and September 1.

    If for any reason the builder does not complete the repairs to the homeowner's satisfaction, the homeowner has 30 days (until October 1) to contact Tarion and request our assistance. If the homeowner does not do so, the seasonal warranty items listed on the Warranty Service Form will be considered resolved and the matter will be closed. (Note that the homeowners may resubmit the item at a later date if the warranty covering the item is still in effect).

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    Special Seasonal Warranty Items


    The completion of the new home’s final grading, landscaping (laying sod, etc.) and the installation of driveways, patios and walkways are considered special seasonal warranty items. (In a high-rise or low-rise condominium, these items are more likely to affect the common elements warranty and if so, would be handled by the condominium corporation’s Board of Directors).

    If the homeowner reports a special seasonal warranty item on a 30-Day Form or a Year-End Form

    A.  For homes with a date of possession between October 1, 2003 and April 30, 2004, inclusive:

    The builder has one year from the date of possession to complete any warrantable special seasonal items reported on a 30-Day Form or a Year-End Form. Homeowners who notice one of these items during the PDI should include it on the 30-Day Form as well.   If the item remains outstanding after the first anniversary of the date of possession, the homeowner may contact Tarion and request an assessment within 30 days.

    B.  For homes with a date of possession on or after May 1, 2004:

    The builder has 270 days of “seasonable weather” from the date of possession  to complete any warrantable special seasonal items reported on a 30-Day or Year-End Form (unless a longer period within the time limits permitted under applicable municipal agreements was negotiated between the builder and the homeowner).  

    ”Seasonable weather” is the period between May 1 and November 15 (inclusive)of any given calendar year. There are 199 days of seasonable weather in one calendar year. For details and examples on how to calculate “seasonal weather” days, please refer to Builder Bulletin 42.

    If the item is not installed or the repair is not completed by (i) the 270th day of seasonable weather from the date of possession; (ii) another date agreed between the homeowner and the builder, granting the builder a longer period; or (iii) the date permitted for such installation by any applicable municipal agreement if earlier than the date agreed between the homeowner and the builder, then the homeowner may contact Tarion and request and assessment within 30 days.   If the item is determined to be warrantable, Tarion will work with the homeowner directly to settle the matter.

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    Air Conditioning


    Defects in work and materials that result in problems with builder-supplied air conditioners are covered by the one year warranty. A complete loss of cooling due to the failure of a builder-supplied air conditioner between May 15 and September 15 (during the first year of possession) is considered undue hardship and can be dealt with outside the timelines set out in the
    Homeowner Information Package.

    IMPORTANT
    In a condominium, the air conditioning may be part of the condominium project’s common elements and therefore not covered by the unit’s one year warranty. If the air conditioning is part of the common elements, homeowners should report the issue to the condominium corporation’s Board of Directors.

    Homeowners should report an air conditioning issue on either the 30-Day or Year-End Form. It will be dealt with according to the timelines set out in the Warranty Service Rules.

    However, if the air conditioning is not working between May 15 and September 15, homeowners should contact the builder and Tarion to arrange an assessment. If the condition is assessed to be covered by the one year warranty, the builder will arrange repair or complete the installation within 30 days of the initial request. If the air conditioning has not been restored within 30 days of contacting the builder, the homeowner should contact us for further assistance.

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    Extraordinary Situations


    An extraordinary situation exists when it is not possible for the builder to complete a repair within the timeframes set out in the Homeowner Information Package for reasons not related to seasonality.

    There are two types of extraordinary situations that could cause a builder to seek an extension:

    1. An industry or regional event that affects a segment of the construction industry or region of the province (such as labour, trade or materials shortages, strikes or other labour disputes, and severe weather or other acts of nature); or
    2. Special circumstances affecting a particular builder or home, such as the special order of a part that will take more time to arrive than the Warranty Service Rules allow.

    If the builder applies to Tarion for this type of extension on any of your outstanding items, the homeowner will be notified in writing. If the extension is granted, we will set a new timeline and confirm it with both the builder and the homeowner.

    Homeowners should call the builder or contact us if they require a more detailed account of the process for resolving items affected by extraordinary situations.

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