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    Homeowner Information Package

Proving Your Statutory Warranty Claim

The Act places the responsibility on the homeowner to show that there is a warranted defect in the home. This means that you are required to show Tarion the defect you are reporting.

Supporting imageIn most cases, this is done simply by pointing out a problem or damage – a crack in a floor would be an example. Once the problem has been pointed out, Tarion will assess whether the problem is warranted.” A problem is warranted if it falls below the standards required by the statutory warranty. For example, if the condition identified fails to meet the requirements under the Ontario Building Code or amounts to a defect in work and materials, it would be warranted under the one year warranty.

For information about what is and is not covered under the statutory warranty, please consult the Construction Performance Guidelines​. This document describes many of the most common warranty items that homeowners submit to Tarion and indicates which are covered by the statutory warranty.

If the defect you are reporting is not in the Construction Performance Guidelines, or is not readily visible or explainable, you may wish to retain outside assistance to help establish your claim. If your claim was denied because of lack of evidence, and you are uncertain of what kind of evidence would help you, you should contact the Tarion Representative who conducted your conciliation inspection.

If the defect you are reporting is a Major Structural Defect, you should also consider obtaining expert engineering evidence to help support your claim.

    

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