The statutory warranties you provide on the home begin on the Date of Possession and last for up to seven years. The Date of Possession is the closing date or, in the case of a condominium unit, the occupancy date/interim occupancy date.
Below is a general overview of the warranty claims process for homes (including condominium units), which is outlined in full detail in Registrar Bulletin 1. For an outline of the seven-year coverage, click here.
Homeowners should bring any warranty claims to your attention in writing as soon as possible within the applicable warranty coverage period.
Tarion strongly encourages homeowners to submit their claims using the standard warranty forms available in MyHome, Tarion’s online service for homeowners. Doing so will allow you to access and view submissions through BuilderLink.
Below is a list of the standard warranty forms and when they can be submitted by homeowners:
- 30-Day Form: Within 30 days after the date of possession.*
- Air-Conditioning Form: Between May 15 and September 15 during the first year after the date of possession.
- Year-End Form: Within the last 30 days before the first anniversary of the date of possession.*
- Delayed Closing/Occupancy Form: Anytime within the first year after the date of possession.
- Second-Year Form: Anytime after the first anniversary of the date of possession and up to the second anniversary.
- Major Structural Defect Form: Anytime after the date of possession and up to the seventh anniversary.
- Emergency Form: Anytime after the date of possession and up to the seventh anniversary.
*Effective September 14, 2020, homeowners will have a 10-day grace period on the 30-Day Form submission period. Homeowners will also have a 10-day grace period on the Year-End Form submission period provided they supply written evidence that they reported items to the builder within the one-year warranty period. Examples would be that the homeowner reported the defect to the builder on any prior warranty forms, emails or other written materials during the first-year warranty period and by a method of written communication that was previously used between the parties to communicate about the home. Note that Pre-Delivery Inspection (PDI) Forms are not acceptable written evidence for the year-end grace period. For more information about these and other interim measures to protect homeowners, click here.
Builder Repair Period
When a homeowner submits a warranty form to Tarion, it triggers a 120-day initial builder repair period during which you are expected to repair or otherwise resolve items on the form that are covered by the warranty.
Certain areas of the home and situations demand longer or shorter timeframes, such as exterior work, emergency situations, and Major Structural Defect claims. See Registrar Bulletin 1 for more information about exceptions to the regular warranty repair process.
Your responsibilities after receiving a warranty claim include the following:
- Review the warranty claim;
- Create a work plan to deal with the items listed on the warranty claim;
- If needed, contact the homeowner for clarification on the issue(s) and/or make an appointment to inspect the issue(s);
- Ask the homeowner for details about the defects. For example: if a claim form refers to squeaks ‘throughout’ the flooring, the builder should ask exactly where the squeaks are;
- Use the Ontario Building Code and Tarion’s Construction Performance Guidelines as primary resources when determining if the defects in question are covered under the warranty;
- If an item points to a deeper issue, investigate its cause (using specialized trades or consultants if necessary) and the appropriate solution;
- Communicate to the homeowner your intent to resolve or not resolve the items;
- If the item is not considered to be covered by the warranty, provide an explanation to the owner and be prepared to provide supporting information;
- Respond to questions from the homeowner;
- Schedule repairs during business hours at a time that is mutually convenient and agreed upon in advance; and,
- Resolve the items covered by the warranty before the repair deadline.
Resolving Warranty Items
You must resolve items that are covered under the warranties in one of two ways:
- Repair (or offer to repair in the case of a homeowner not accepting the repair) each item in a manner which satisfies the warranty obligation; or,
- Provide cash compensation (or offer to provide cash compensation in the case of a homeowner not accepting the offer) which satisfies the warranty obligation.
Support from Tarion
If you encounter difficulties in your efforts to resolve items or you have a disagreement with the homeowner over warranty coverage, Tarion may be able to provide some assistance. Click here for more information.
It is important that you document your efforts to resolve items in accordance with Registrar Bulletin 4.
Unresolved Warranty Items
If you do not resolve items by the end of the repair period or the homeowner is not satisfied with your method of resolution, the homeowner may contact Tarion to request a conciliation.