• Homeowners_HERO

    Homeowners

COVID-19 Pandemic Response: Information for Homeowners

Tarion is committed to keeping you informed as we continue to work through this evolving situation created by COVID-19. The information below is intended to help answer your questions. As more information becomes available, we will continue to update this 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

Advisories for Home Buyers

Additional Resources

FAQ for Homeowners regarding COVID-19

  1. Is Tarion still open?
  2. How will the Emergency Order affect my warranty periods?
  3. How will this affect warranty form submission deadlines?
  4. Do homeowners still need to request conciliations according to the current timelines?
  5. How will this affect conciliation inspections, claim inspections and common elements meetings?
  6. When will my builder be required to do repairs if conciliations and inspections are being postponed?
  7. What should I do if I have a health and safety issue or other emergency concerns?
  8. After the emergency is over, how long will my builder have to complete repairs?
  9. If I hire an outside contractor to make repairs, because my builder can’t or won’t, will I be compensated by either my builder or Tarion?
  10. What happens if I require an emergency repair?
  11. Can I ask my builder to do exterior work on my home? What about completing grading or sodding?
  12. Can I still request a conciliation or claim inspection? When would they be scheduled?
  13. If warranty form deadlines are suspended and homeowners will receive extensions to submit forms, does this mean that warranty periods will also be extended?
  14. I just submitted my 30-Day Form and I received a rejection notice. What happens now?
  15. I am continuing to receive email reminders about submission deadlines, but I thought that I didn’t have to submit any forms until the emergency period is over?
  16. I took interim occupancy of my condo but didn’t move in because of the pandemic. Can I get an extension on my 30-day form deadline?
  17. If builders are not supposed to be entering my home to do repairs, what happens if I have an emergency?
  18. Will my closing be delayed?
  19. Am I entitled to claim delayed closing or delayed occupancy compensation because of the pandemic?
  20. What if my home was already delayed prior to the pandemic being declared?
  21. I have a payment due to my builder, but I was laid off because my company was not considered essential. Can I defer my payment?
  22. 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. I’ve already sold my current home and don’t want to wait – what can I do?
  23. I’m ready to take possession but I’m afraid to do the pre-delivery inspection 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?
  24. 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?

Is Tarion still open?

At this time, our corporate office is closed to visitors and staff are working remotely.

We have technology in place that enables us to do so in an efficient and effective manner, allowing us to provide uninterrupted service.

Until the public health directives regarding physical distancing are lifted, homeowners will need to submit forms via the MyHome portal or scan and email documents to covid19@tarion.com. Alternatively, they can mail them in.

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How will the Emergency Order affect my warranty periods?

The warranty coverage time periods (one year, two year, three to seven year, delayed closing, financial loss and deposit claims) remain in place but to ensure claim rights are not jeopardized the claim submission periods are effectively extended for the duration of the emergency period.

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How will this affect warranty form submission deadlines?

Until the Emergency Order has been lifted, all warranty claim submission deadlines (30-day, Year-End, Second-Year, MSD, delayed closing, financial loss and deposit claims) are suspended. Homeowners should still submit forms to their builder and to Tarion but are not required to meet the regular statutory deadlines for submitting forms and will not have forms rejected for being late. Once the Emergency Order has been lifted, homeowners will receive a reasonable extension to submit their forms. Please note: this suspension also applies to Condo Corporations filing First-Year, Second-Year and MSD Common Elements Claims.

If you choose to submit your form now via Tarion’s homeowner portal, MyHome, it may be rejected automatically for being late due to the system’s programming. However, Tarion will amend this by accepting the form as on time and a new letter will be sent outlining the next steps in the process.

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Do homeowners still need to request conciliations according to the current timelines?

The 30-day period in which homeowners must request a conciliation is suspended until the Emergency Order has been lifted. Once the emergency is over, homeowners will receive a reasonable extension to submit a request for conciliation. As a homeowner, you can still request a conciliation inspection right now if you wish, however, we want to advise you that we are not currently scheduling any inspections at this time. We will keep your request in our system and will contact you with a scheduled date once the emergency is over.

The 60-day period in which condo corporations must request a conciliation is suspended until the Emergency Order has been lifted. Once the emergency period is over, condo corporations will receive a reasonable extension to submit a request for conciliation.

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How will this affect conciliation inspections, claim inspections and common elements meetings?

Conciliations, inspections and common element meetings are postponed and will be rescheduled at the earliest possible date after the Emergency Order has been lifted.

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When will my builder be required to do repairs if conciliations and inspections are being postponed?

All repair timelines are suspended until after the emergency period is declared over. This does not apply to emergencies or health and safety issues. 

All construction is allowable in Stage 1 of the government’s reopening plan, but given that all timelines are suspended, there is no requirement for builders to complete repairs until the Emergency Order is lifted.

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.

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What should I do if I have a health and safety issue or other emergency concerns?

Homeowners can still 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 processes 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 Builder Bulletin 49.

For vendors/builders: Builders are advised to follow the emergency processes outlined in Builder Bulletin 42 and 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.

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After the emergency is over, how long will my builder have to complete repairs?

Once the Emergency Order is lifted, there may be delays in getting materials and backlogs for trades needed to do different types of work. To accommodate this situation, builders will be given a reasonable period of time to complete repairs. The length of the extension will be determined once the Emergency Order is lifted.

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If I hire an outside contractor to make repairs, because my builder can’t or won’t, will I be compensated by either my builder or Tarion?

No.  The Emergency Order is still in place which means that builder repair periods are suspended and there is no requirement for builders to complete repairs. Homeowners would only be compensated for out-of-pocket repair costs in the event that they encountered an emergency situation their builder was not able to attend to. Click here to read Tarion’s emergency repair guidelines.

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What happens if I require an emergency repair?

If you have an emergency, you should first contact your builder. If you cannot reach your builder or your builder does not address the situation within 24 hours, you can contact Tarion. Our emergency process is outlined on our website here and you can contact our Customer Service team at covid19@tarion.com or call 1-877-982-7466.

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Can I ask my builder to do exterior work on my home? What about completing grading or sodding?

The province’s Emergency Order suspending all mandatory timelines including builder repair periods is still in place which means there is no requirement for builders to complete repair work. When the Emergency Order is lifted, builders will receive a reasonable extension to complete exterior work.

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Can I still request a conciliation or claim inspection? When would they be scheduled?

The 30-day deadline by which homeowners must request a conciliation is suspended until the Emergency Order has been lifted. You can still request a conciliation or an inspection and your request will be noted in your file. Once the emergency is over, homeowners who were eligible to request conciliations or inspections during the emergency period will receive a reasonable extension to submit a request for conciliation. If you already have a conciliation or inspection that was postponed or have a request on file, you will be contacted to schedule it for the earliest possible date after the Emergency Order is lifted.

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If warranty form deadlines are suspended and homeowners will receive extensions to submit forms, does this mean that warranty periods will also be extended?

The warranty coverage time periods (one year, two year, three to seven year, delayed closing, financial loss and deposit claims) remain in place but to ensure claim rights are not jeopardized, the claim submission periods are effectively extended in response to the provincial Emergency Order.

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I just submitted my 30-Day Form and I received a rejection notice. What happens now?

If you submitted a warranty form via MyHome (Tarion’s online warranty management tool) you may receive an automatic rejection notice if it is late due to the system’s programming. While the Emergency Order is in place suspending all deadlines, we are reviewing all rejected forms on a weekly basis and accepting them manually. You will receive a new letter outlining the next steps in the process.

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I am continuing to receive email reminders about submission deadlines, but I thought that I didn’t have to submit any forms until the emergency period is over?

While we encourage you to still submit your warranty forms to your builder and to Tarion during this emergency period, you are not required to. Reminders may be automatically generated by MyHome (Tarion’s online warranty management tool) but you will not be required to submit forms until the Emergency Order is lifted. When the emergency period is over, you will receive a letter informing you as to when your form is due.

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I took interim occupancy of my condo but didn’t move in because of the pandemic. Can I get an extension on my 30-day form deadline?

Until the Emergency Order has been lifted, all warranty claim submission deadlines (30-day, Year-End, Second-Year, MSD, delayed closing, financial loss and deposit claims) are suspended. You should still submit forms to your builder and to Tarion but are not required to meet the regular statutory deadlines for submitting forms and will not have forms rejected for being late. Once the Emergency Order has been lifted, you will receive a reasonable extension to submit your forms and we will advise you via letter.

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If builders are not supposed to be entering my home to do repairs, what happens if I have an emergency?

If you have an emergency situation, you should contact your builder immediately. If you are unable to reach them or they do not address the situation, you should contact Tarion and we will determine how best to help. 

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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 will be entitled to unilaterally extend critical dates. However, the builder must follow the rules set out in the Addendum to do so.

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Am I entitled to claim delayed closing or delayed occupancy compensation because of the pandemic?

No. The pandemic qualifies as an unavoidable delay under the provisions of the Addendum. If however, your builder does not follow the rules regarding providing appropriate notice, they may not be able to extend the critical dates and you may be eligible for compensation.

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What if my home was already delayed prior to the pandemic being declared?

If your home was delayed prior to the pandemic, 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.

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I have a payment due to my builder, but I was laid off because my company was not considered essential. 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. We are asking builders to consider the impacts of the pandemic 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.

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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. I’ve already sold my current home and don’t want to wait – what can I do?

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 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.

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I’m ready to take possession but I’m afraid to do the pre-delivery inspection 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 present health circumstances, we do not consider it necessary that the PDI must occur prior to a closing in the presence of both the builder and the homeowner. We do not believe that a PDI is essential due to the current state of emergency and health directive for social distancing.

In the current environment, we recommend that builders and homeowners each conduct their own review of the home for damages as close to delivery as possible. The homeowner should 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 damages which they discover and believe were caused prior to when they took possession. Builders should also conduct their own review of the home or unit prior to turnover, and also document the condition of the home. These reviews should happen separately and do not require the presence of both the builder and the homeowner in the home at the same time.

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 delivery 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 province.

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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 you’re 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.

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