The One Year Warranty
Your home’s statutory one-year warranty coverage begins on the date you take possession of the home and ends on the day before the first anniversary of this date. The one year warranty is provided by your builder and it requires that the home be:
- Constructed in a workmanlike manner and free from defects in material.
- Fit for habitation.
- Constructed in accordance with the Ontario Building Code.
- Free of major structural defects.
The Two Year Warranty
The two-year warranty is provided by your builder and covers:
- Water penetration through the basement or foundation walls.
- Defects in materials, including windows, doors and caulking such that the building envelope of the home prevents water penetration.
- Defects in work and materials in the electrical, plumbing and heating delivery and distribution systems.
- Defects in work or materials which result in the detachment, displacement or deterioration of exterior cladding (such as brickwork, aluminum or vinyl siding).
- Violations of the Ontario Building Code affecting health and safety (including, but not limited to, violations relating to fire safety and the structural adequacy of the home).
- Major structural defects.
Seven Year Warranty
Your home’s seven-year warranty covers major structural defects (MSD). This warranty begins on the date you take possession of the home and ends on the day before the seventh anniversary of that date.
A major structural defect in general terms covers the following — any defect in work or materials in respect of a building that:
- Results in failure of a structural load-bearing element of the building.
- Materially and adversely affects the ability of a structural load-bearing element of the building to carry, bear and resist applicable structural loads for the usual and ordinary service life of the element.
- Materially and adversely affects the use of a significant portion of the building for usual and ordinary purposes of a residential dwelling and having regard to any specific use provisions set out in the purchase agreement for the home .
What’s Excluded from the Warranty
The following conditions and/or items are not covered by the statutory warranty:
- The statutory warranty applies to new homes built by a builder. If you as homeowner exercise significant control over construction (e.g., entering into contracts directly with subtrades) or contribute one or more essential elements (e.g., footings/foundation, framing, exterior cladding, building envelope, and heating, electrical and plumbing distribution systems), then the home itself may not qualify for the statutory warranty.
- Damage resulting from improper maintenance such as dampness or condensation caused by the homeowner’s failure to maintain proper ventilation levels or improper operation of a humidifier, hot tub or other moisture-producing device. For information about how to ensure you are properly maintaining your new home, click here.
- Alterations, deletions or additions made by the homeowner (such as changes to the direction of the grading or the slope of the ground away from the house).
- Defects in materials, design and work supplied or installed by the homeowner.
- Damage caused by the homeowner or visitors
Normal Wear and Tear
- Normal wear and tear, such as scuffs and scratches to floor and wall surfaces caused by homeowners moving, decorating and/or day-to-day use of the home.
- Normal shrinkage of materials that dry out after construction (such as nail “pops” or minor concrete cracking).
- Settling soil around the house or along utility lines.
Roles and Responsibilities of Each Party
Maintaining Your Home
You’ve made a big investment in your home and proper maintenance not only keeps it in good condition, it also helps ensure your statutory warranty rights are protected. Proper maintenance is a prerequisite for certain warranty claims.
Avoiding Moisture Damage
The Guide to your New Home Warranty