Homeowner Information Package
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The following conditions and/or items are not covered by the statutory warranty:
- The statutory warranty applies to new homes built by a builder. If you as homeowner exercise significant control over construction (e.g., entering into contracts directly with subtrades) or contribute one or more essential elements (e.g., footings/foundation, framing, exterior cladding, building envelope, and heating, electrical and plumbing distribution systems), then the home itself may not qualify for 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 other moisture-producing device. For information about how to ensure you are properly maintaining your new home, click here.
- 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.
- Damage caused by the homeowner or visitors.
Note: The Pre-Delivery Inspection and completion of a PDI Form during this inspection are very important in terms of resolving potential disputes about who is responsible for damage in the home. If you are claiming an item of damage that is not listed on the PDI Form, it will be important for you to provide some explanation as to why it was not listed on the PDI Form (for example, if the damage was caused later during repair work to the home).
Normal Wear and Tear
- 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.
Third Party Damage
- Damage arising from municipal services and utilities.
- 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.
- 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 such secondary or consequential damage.
- Personal injury and loss of income associated with defects or repairs.
Warranties or agreements provided by your builder over and above the statutory warranty. Such matters are between you and your builder and are not enforced by Tarion.
Types of Residential Dwelling That Are Not Eligible For Warranty Coverage
There are some types of new residential dwellings that may not be entitled to statutory warranty coverage. Information on these is available here.