Homeowners
Tarion is committed to keeping you informed as we continue to work through this evolving situation. The information below is intended to help answer your questions. As more information becomes available, we will continue to update this page.
May 4, 2022
COVID-19 may impact the purchasing, construction and after sales service of new homes in the province. With the recent easing of health and safety restrictions, we have updated a number of our advisories. For additional details on Tarion’s ongoing COVID measures, please refer to our COVID-19 advisory page.
If you have further questions about the information provided or your situation, please contact our Customer Service team at 1-877-982-7466 or email covid19@tarion.com.
General Advisories
- Guidance for Repairs during COVID-19 - May 3, 2022
- Advisory for Homeowners & Builders - Pre-Delivery Inspections & Delayed Closings - May 3, 2022
- Advisory for Homeowners & Builders: Building Material Shortages - October 25, 2021
- Guidance for Pre-Delivery Inspections during COVID-19 - October 30, 2020
Advisories for Home Buyers
Additional Resources
FAQ for Homeowners regarding COVID-19
Repairs
Why has my builder been granted additional time to make repairs?
In response to provincial public health guidance, non-emergency builder repairs periods were extended on January 5, 2022, for 21 days. This applied to Statutory Warranty Forms submitted between August 27th, 2021 - January 26th, 2022, that were accepted as on time, but does not apply to Delayed Closing/Delayed Occupancy forms.
Effective 12:01am on January 31, 2022, builder repair periods will resume. From January 31 onward, if builders require additional time to complete work , they must request it under the extraordinary circumstances provisions detailed in Registrar Bulletins 01 and 02.
The repair period extensions do not apply to emergency situations which must be addressed as soon as possible. If homeowners or builders have any questions about their specific circumstance, they should contact Tarion’s customer service team at 1-877-982-7466 or email covid19@tarion.com.
When will my builder be required to do repairs on my home?
As of January 31, builder repair periods will resume in response to the easing of provincial public health measures.
If homeowners or builders have any questions about their specific circumstance, they should contact Tarion’s customer service team at 1-877-982-7466 or email covid19@tarion.com.
What should I do if I have an emergency or health and safety issue in my new home?
Homeowners can contact their builder and Tarion regarding any concerns with health and safety issues or other emergency concerns.
For homeowners: Homeowners are advised to follow the emergency procedures outlined on Tarion.com here.
For condominium corporations: Condominium corporations are advised to follow the emergency processes outlined in the Condominium Corporation Information Package and Registrar Bulletin 02.
For vendors/builders: Builders are advised to follow the emergency processes outlined in Registrar Bulletin 01 (formerly Builder Bulletin 42) and Registrar Bulletin 02 (formerly Builder Bulletin 49).
If homeowners or builders have any questions about their specific circumstance, they should contact Tarion’s customer service team at 1-877-982-7466 or email covid19@tarion.com.
What if I’m not comfortable granting access to my home or my builder’s employees/trades will not enter my home due to concerns for their safety?
If you are not comfortable allowing outside workers in, or builders’ representatives or trades have safety concerns about entering your home, you can enter into a written agreement with your builder to identify how and when the repairs can be completed. Those agreements should be provided to Tarion so that the timelines can be formally adjusted.
If you and your builder are unable to come to a written agreement, then your builder is encouraged to contact Tarion and request an extension. The request should be submitted to covidextension@tarion.com at least 10 days before the expiry of the applicable repair period. The following information should be provided with the request for extension:
- The enrolment number(s) for the home(s) affected;
- The warranty form(s) affected;
- A complete explanation of the builder’s circumstances (i.e. why additional time is required to complete the repairs);
- The length of additional time being requested.
Tarion will review the information provided and will contact the builder if additional information is required. Tarion will then confirm with you and the builder whether additional time will be granted and, if so, the length of the additional time. For more information on the process for requesting extensions, refer to our Guidance on Repairs during COVID19 advisory.
Conciliations and Inspections
When can I request a conciliation?
With resumption builder repair periods effective January 31, Tarion will advise impacted homeowners of the date that they can request a conciliation. Once the builder repair period has expired, you have 30 days in which you can contact Tarion to request a conciliation. You can also schedule a conciliation through your MyHome account. Please note that homeowners have a 10-day grace period on the 30-Day and Year-End request for conciliation periods. If homeowners or builders have questions about a specific home, they should contact Tarion’s customer service team at 1-877-982-7466 or email covid19@tarion.com.
How are conciliation inspections, claim inspections and common element meetings being handled?
Tarion is conducting scheduled conciliations, claim inspections and common element meetings in person but will conduct them virtually upon request.
Closings and Pre-Delivery Inspections
How are conciliation inspections, claim inspections and common element meetings being handled?
Tarion will proceed with scheduled conciliations, claim inspections and common element meetings but will conduct them virtually wherever possible. If it is necessary to conduct them in-person, all health and safety protocols will be followed. More information on these protocols is available in our Advisory
Will my closing be delayed?
If a new home is in the midst of construction at this time, it is very possible that the pandemic will cause delays in the delivery of the home. Under the unavoidable delay provisions of the Addendum (which forms part of the purchase agreement), the builder may be entitled to unilaterally extend critical dates. However, the builder must follow the rules set out in the Addendum to do so. To learn more about COVID-19 and delayed closings, click here.
My builder says that I need to pay more money to close on my new home due to escalating costs related to the pandemic. Is this allowed?
If your builder makes this type of request, you should seek legal guidance with respect to your contract. If you have a complaint or concern about the conduct of your builder during the home building or buying process, you may wish to contact the Home Construction Regulatory Authority, the new regulator of new home builders in Ontario, which has responsibility for these matters.
I’m ready to take possession but I’m afraid to do the pre-delivery inspection (PDI) because of COVID-19. My builder says that they can do it without me. Are they allowed to do that? Will it affect my warranty coverage?
Given the current public health situation, we do not consider it absolutely necessary that the PDI occur prior to a closing in the presence of both the builder and the homeowner.
However, it is Tarion's position that:
- in-person PDIs can happen if participants adhere to provincial health and safety and physical distancing guidelines,
- both parties agree to the conditions under which the PDI would be carried out,
- if one or both parties do not consent to an in-person PDI, we recommend that builders and homeowners each conduct their own separate reviews of the home.
In order to assist homeowners and builders who wish to conduct an in-person PDI, Tarion has put together guidelines available here. Please note that this guidance provides basic information only and is not intended to take the place of public health advice, nor does it constitute legal advice. We recommend that builders and homeowners consult with their legal advisors for any questions regarding risk or liability, and that they monitor current health advice issued by the Government of Ontario.
In the event that one or both parties do not consent to an in-person PDI, we recommend that builders and homeowners each conduct their own separate reviews of the home. It is our expectation that builders give homeowners an opportunity to conduct their own “delivery” inspection as soon as reasonably possible after taking possession. The homeowner should document as best they can (including photos and or video) any missing/incomplete items or damages which they discover and believe were caused prior to when they took possession.
The records of the homeowner and builder can serve as evidence of the state of the home close to occupancy and may be helpful in the event a dispute arises later as to whether an item of damage was caused by the homeowner or builder.
The PDI form is not a Tarion claim form, so if an item is not noted on the PDI form this does not necessarily impact your warranty coverage. If you note an item on your 30-day form which is not on the PDI form, the item you note will still form part of your warranty claim. The fact that it was not listed on the PDI form will be relevant if is an item of damage such as a chip in a countertop that may have occurred after possession. In this case, it will be helpful for you to show that you noted the damage as close to taking possession or occupancy of the home as possible as noted above, in the event that the claim is not remedied by your builder and the matter comes to Tarion for resolution.
We urge all parties to approach the occupancy of the home and handling of the PDI in a reasonable way in light of the current health situation in the Government of Ontario.
Am I entitled to claim delayed closing or delayed occupancy compensation because of the pandemic?
It depends. The COVID-19 pandemic qualifies as an unavoidable delay event under the provisions of the Addendum. The builder may be entitled to extend timelines for delays caused by any applicable impacts upon the delivery of the home due to the pandemic. Builders must follow the rules in relation to such extensions. See Information Sheet for New Home Builders: COVID-19 Pandemic – Possible Effects on Construction Schedules for New Homes.
What if my home was already delayed prior to the outbreak being declared?
If your home was delayed prior to the outbreak, your builder should still have followed the provisions of the Addendum with regard to providing proper notice. For questions about your specific home, please contact Customer Service at covid19@tarion.com.
I have a payment due to my builder, but I was laid off due to the COVID-19 outbreak. Can I defer my payment?
Due to business closures and associated layoffs, we know that some purchasers may face difficulties in obtaining mortgage financing or in coming up with the funds necessary to meet deposit schedules or other payments that may be due according to the purchase agreement. Tarion doesn’t have the authority to compel builders to provide deferrals of payments. Tarion is asking builders to consider the impacts of the outbreak on their purchasers to see if there’s a fair and reasonable agreement that can be reached to address any financial difficulties that a purchaser might be facing in completing their closing (e.g. extended payment terms, delayed closing). We would also suggest that you ask your lawyer to review your purchase agreement.
My builder has advised me that even though my home is almost finished, I won’t be able to take possession when I was supposed to because they can’t get an occupancy permit due to the pandemic. I’ve already sold my current home and don’t want to wait
We understand that some new home buyers may be eager to close as they may have already sold their previous home and want to move in as soon as possible. In some jurisdictions there may be delays in completing onsite municipal inspections due to health concerns, which could affect the timing of an occupancy permit. As an occupancy permit is legally required before a purchaser can take possession, this may delay the closing. We encourage purchasers to talk to their builders to find out the type of delay they are facing and what impact it may have on the closing.
My builder says my closing will be going ahead in two weeks. But because of my health and the risk associated with COVID-19, I don’t want to move in. Do I have to close or can I tell my builder to move back the closing?
Closings are governed by the Agreement of Purchase and Sale and are a contractual matter between you and your builder. We would encourage you to discuss your concerns with your builder as they may be willing to delay the closing or find other ways to reassure you that the completed home is safe.