When you buy a new home from a builder, the builder provides possession of the home with warranty coverage guaranteed by Tarion.
Section 13(1) of the Ontario New Home Warranties Plan Act provides warranties that every builder is required to give to the new home buyer.
What are these warranties?
These warranties are as follows:
(a) that the home,
(i) is constructed in a workmanlike manner and is free from defects in material,
(ii) is fit for habitation, and
(iii) is constructed in accordance with the Ontario Building Code;
(b) that the home is free of major structural defects as defined by the regulations; and
(c) such other warranties as are prescribed by the regulations.
When and How to Enforce the Warranties?
These warranties are usually enforced by Tarion after the completion and if there are some deficiencies found pursuant to completion. The new home buyer has to report the deficiencies in writing to the Tarion on the prescribed forms within the prescribed time periods.
The time periods are as follows:
- Within one year from the date specified in the Certificate of Completion and Possession for any breach of the Building Code and its fitness for habitation.
- Within two years from the date specified in the Certificate of Completion and Possession for any deficiencies with regard to plumbing, electrical an any violations of the Building Code affecting the health and safety of the occupant like insulation, air and vapour barriers, ventilation and heating.
- Within seven years from the date specified in the Certificate of Completion and Possession with regard to major structural defects.
Call us @ 905-290-7205 for more information.
February 9 2016.