
Tarion Warranty and New-Home Deficiencies in The Preserve Oakville
November 2, 2026

Buying a newly built home in The Preserve Oakville means buying a home that comes with a statutory builder warranty. Knowing how that warranty works, what it covers and which deadlines matter is just as important as choosing finishes and a floor plan. Most buyers in newer communities never need to go beyond a conversation with their builder's customer care team, but the ones who do need to act at the right time, with the right forms and the right records.
This guide explains how the Ontario new home warranty works, how deficiencies are reported and resolved, and what is different in a newer, phased North Oakville community with freehold lots and possible POTL townhomes. It is written for buyers of new homes, for owners of nearly new properties, and for anyone considering a resale home that is still within its warranty period. Rules, forms, limits and timelines change from time to time, so treat this article as a map and confirm current details with the official sources listed near the end.
How the Ontario New Home Warranty Works
The warranty on a new home in Ontario is provided by the builder, backed by Tarion, and set out in provincial law. The sections below explain who does what and which homes are covered.
What Tarion Does and What It Does Not Do
Tarion is a not-for-profit corporation that administers Ontario's new home warranty and protection program under the Ontario New Home Warranties Plan Act. The warranty itself is the builder's promise. Tarion's role is to make sure buyers receive the coverage they are entitled to, to assess claims when a builder and an owner disagree, and to step in when a builder does not honour its obligations.
Tarion is not the body that licenses builders. That responsibility sits with the Home Construction Regulatory Authority.
Tarion and the HCRA: Two Different Jobs
The Home Construction Regulatory Authority (HCRA) licenses new home builders and vendors, enforces conduct standards and takes action against illegal building. It also hosts the Ontario Builder Directory, a public search tool that shows licensing status and background information on builders. Builder licensing, the public directory and enforcement of builder conduct fall under the New Home Construction Licensing Act, 2017, and Tarion does not handle them.
A simple way to separate the two organizations: the HCRA deals with who is allowed to build and sell new homes in Ontario, and Tarion deals with the warranty that comes with the home. A problem with a leaking window belongs in the warranty process. A concern about a builder selling homes without a licence belongs with the HCRA.
Which Homes Are Covered
The warranty applies to newly built freehold homes, condominium units, homes built by a builder on land the owner already holds (often called contract homes), and homes on a parcel of tied land (POTL) attached to a common elements condominium. Tarion's materials note that the HCRA determines the types of homes covered, and that Tarion can advise whether a particular home is eligible. Homes built by an owner-builder for their own use follow separate rules. Tarion also charges an enrolment fee for each home under a schedule that changes from time to time, so confirm current details on Tarion's website.
Coverage is tied to the home, not to the original buyer. That point becomes important for anyone buying a nearly new resale home, which is covered later in this guide.
The Warranty Timeline: Before and After Possession
Warranty protection works in two phases. Some protections apply before you take possession, and the defect warranties start on the date of possession (or the occupancy date for condominium units).
Before Possession: Deposits and Delayed Closing
Before closing, the warranty includes deposit protection and compensation for certain closing delays. Deposit protection applies in specific situations, such as a builder bankruptcy or a fundamental breach of the purchase agreement, and the amount depends on the purchase price. Deposit protection limits change from time to time, so confirm the current limits on Tarion's pre-possession coverage page. Tarion advises buyers to speak with a lawyer before treating a purchase agreement as terminated, since the way a termination is handled can affect a deposit claim.
For freehold homes, the agreement includes either a firm or a tentative closing date. With a tentative date, the builder can extend the closing twice, by a set number of days each time, without paying compensation, as long as it gives proper written notice in advance. If a firm closing date is missed and no exception applies, such as a mutual agreement to extend or an unavoidable delay, the builder must pay compensation. That compensation has a fixed daily amount for living expenses and an overall maximum, and it must be claimed within a set time. Confirm the current figures and deadlines on Tarion's delayed closing page before relying on any number.
The One-Year Warranty
For the first year after possession, the builder warrants that the home is built in a workmanlike manner, is free from defects in material, is fit for habitation and complies with the Ontario Building Code. The one-year warranty also protects against unauthorized substitutions of items specified in the agreement or selected by the buyer.
This is the broadest of the warranties and the one most owners use. Drywall finishing, trim, flooring, doors, cabinets and many other everyday items fall under it, subject to the exclusions discussed later.
The Two-Year Warranty
For the first two years, the warranty covers water penetration through the basement or foundation walls, windows and the building envelope. It also covers defects in work or materials in the electrical, plumbing and heating delivery and distribution systems, along with Building Code violations that affect health and safety.
The Seven-Year Major Structural Defect Warranty
For seven years from the date of possession, the warranty covers major structural defects. In general terms, that means a defect in work or materials that affects a structural load-bearing element and results in structural failure, one that materially and adversely affects the structural integrity of the building or a significant part of it, or one that materially and adversely affects the use of the building as a home. A small crack in drywall or a hairline crack in a basement slab is generally not treated as a major structural defect.
Warranty Stages at a Glance
The table below is a simplified summary. Use it as a starting point and confirm details on Tarion's pages.
Stage | Generally covers | Where to confirm |
|---|---|---|
Before possession | Deposit protection, delayed closing compensation | Tarion pre-possession coverage page |
First year | Workmanship, materials, Building Code compliance, unauthorized substitutions | Tarion post-possession coverage page |
Second year | Water penetration, electrical, plumbing and heating delivery systems, health and safety Building Code violations | Tarion post-possession coverage page |
Third to seventh year | Major structural defects | Tarion post-possession coverage page |
Warranty coverage is also subject to maximum limits that depend on the type of home and are set by Tarion's rules, so confirm the current limits on Tarion's coverage page before relying on any figure you see quoted elsewhere.
The Pre-Delivery Inspection and Closing
The pre-delivery inspection (PDI) is the walk-through you complete with your builder before you take possession. It sets the baseline for everything that follows.
What Happens at the PDI
Your builder schedules the PDI on or before your closing date. During the walk-through, any damaged, incomplete or missing items, and anything that is not operating properly, are recorded on a PDI form. The form also has space to list anything that cannot be assessed, such as an area that is obscured or inaccessible.
Take your time. It is much easier to record an item at the PDI than to prove later that it was there before you moved in.
The PDI Form and the Certificate of Completion and Possession
The PDI form is the official record of the condition of your home before you move in. You or your designate review and sign it to confirm the listed items are complete and accurate. You are also given the Certificate of Completion and Possession (CCP), sometimes called the warranty certificate. The CCP shows your home's enrolment number and the date of possession, which is the warranty start date. Every warranty timeline is calculated from that date, and you need both pieces of information to register for Tarion's MyHome portal.
Tarion notes that it may refer to the PDI form if there is a disagreement over whether damage happened before or after possession. A scratch on a window or a chip in a countertop that was not recorded is harder to argue later.
Bringing a Home Inspector or a Designate
You can bring someone with you to the PDI, or send a designate in your place. Tarion's guidance says there is no restriction on who the designate may be, and that a professional home inspector is permitted to attend with you or in your place. If a designate attends instead of you, Tarion provides an Appointment of Designate form, and the builder should receive it before or at the PDI.
What If Items Are Unfinished
A PDI form is designed to list items that need attention, which the builder then addresses. Whether unfinished work affects your closing depends on your agreement of purchase and sale and on what the municipality requires for occupancy. The Town of Oakville notes that municipal consent to occupy is granted once safety and basic service requirements are met, which does not guarantee that a home is complete to the owner's satisfaction. Review completion issues with your real estate lawyer before closing, and keep land transfer tax and other closing costs in mind using the land transfer tax calculator.
Reporting Deficiencies Step by Step
After possession, deficiencies are reported through Tarion's claim forms. The process has a clear order, and missing a window can limit what Tarion can help with.
MyHome and the Claim Forms
MyHome is Tarion's online portal. Register for it after you take possession, using your enrolment number and warranty start date from the CCP. Through MyHome you can add items, submit forms to your builder and Tarion at the same time, receive deadline notifications and see your correspondence.
You can start adding items from the day after possession. In the first year, items you add are submitted automatically at set points: MyHome packages and submits the Initial Form around day 41 after possession, the Mid-Year Form at about six months and the Year-End Form at the end of the first year. A short grace period applies at the end of the first year, but items submitted during it need written proof that you reported them to your builder within the first year. A Second-Year Form can be submitted during the second year, and Major Structural Defect forms can be submitted from the third to the seventh year. Other forms exist for situations such as emergencies and delayed closings.
A Simple Illustration of the First-Year Calendar
The figures below are an illustration only. They show how the first-year forms line up against a possession date. Always confirm your own dates in MyHome.
Milestone | Illustration (day 0 is the warranty start date) |
|---|---|
Possession and CCP signed | Day 0 |
Initial Form auto-submitted | About day 41 |
Mid-Year Form auto-submitted | About day 183 |
Year-End Form auto-submitted | About day 365 |
The same logic applies to repair periods: form submission date plus the builder repair period gives the date by which the builder is expected to resolve warranted items.
Builder Repair Periods
When you submit a form, a builder repair period begins during which the builder should repair or otherwise resolve warranted items. For first-year forms the initial repair period is typically 120 days, and Tarion's materials describe additional shorter periods in some situations. You must give the builder reasonable access to the home. Check Tarion's claim forms page for the repair periods that apply to your warranty start date, since the rules have been adjusted over time.
Conciliation
If the builder has not resolved an item, you can ask Tarion for a conciliation. Tarion then assesses whether each disputed item is covered by the warranty, sometimes through an inspection and sometimes on the documents. When the process is complete, Tarion issues a Conciliation Assessment Report. If Tarion decides the builder should have resolved a warranted item within the repair period, the builder receives a chargeable conciliation, and that record appears in the Ontario Builder Directory. The timing for requesting conciliation depends on the form and on the warranty start date, and a fee may apply, so confirm both on Tarion's conciliation page.
Decisions, Mediation and Appeals
Tarion describes alternative ways to resolve claims beyond the regular process, including early intervention when communication between homeowner and builder has broken down, independent mediation after a conciliation assessment, and an appeal to the Licence Appeal Tribunal. The Licence Appeal Tribunal is the independent provincial tribunal that hears appeals of Tarion's decisions. To appeal, you request a Decision Letter from Tarion, and a short deadline then runs from that letter. Tarion's materials state 30 days, but confirm the current deadline before you rely on it.
Separately, the New Home Ombuds office investigates complaints about how Tarion handled a file. It does not decide whether a defect is warranted.
Keeping Records That Hold Up
Keep a single folder, paper or digital, with the PDI form, the CCP, every submitted form and confirmation, emails with the builder and dated photos of each issue. A wide photo that shows where the issue sits and a close-up with a tape measure beside it are both useful. Record in writing every time the builder visits, cancels or fails to show. Written records carry far more weight than recollections.
Common New-Home Deficiencies and What Is Not Covered
Not every imperfection is a warranty item, and not every warranty item is a defect in the way an owner would describe it. Understanding the line saves time and frustration.
Common Deficiencies Buyers Report
Owners of new homes commonly report drywall flaws, trim gaps, flooring issues, doors and windows that do not operate smoothly, cabinet alignment, plumbing leaks, uneven heating or cooling, grading and drainage concerns, and unfinished exterior items. Most of these fit within the one-year warranty if they are reported on time. Water penetration and the electrical, plumbing and heating delivery systems carry longer coverage.
Normal Settling and Shrinkage
Tarion's list of conditions not covered includes normal wear and tear and normal shrinkage of materials caused by drying after construction. Minor nail pops and hairline cracking are common examples of the second category, which is why builders often ask owners to wait until closer to the end of the first year to report them. How a particular crack or gap is treated depends on the Construction Performance Guidelines, discussed below.
Water, Grading and Drainage
Water penetration through basement or foundation walls and the building envelope is a two-year warranty item. Lot grading is a different matter. In Oakville, the builder is responsible for grading and sodding the lot, while the developer is responsible for subdivision grading and drainage, and a professional engineer working for the developer certifies final lot grading. Changes made by the homeowner to the grade, such as landscaping, a deck or a pool, can undo the drainage pattern and are excluded from warranty coverage when they cause a problem.
Moisture, Condensation and Ventilation
Tarion's guidelines treat condensation on interior window surfaces as something that may occur and is not covered. Damage from dampness or condensation caused by an owner's failure to maintain adequate ventilation is excluded. New homes are airtight, so learn how to run the heat recovery ventilator (HRV), exhaust fans and humidifier, and follow the builder's operating instructions from the PDI.
Exterior Items, Finishes and Appliances
Exterior cladding, roofing, windows and doors may fall under either the one-year or two-year warranty depending on the issue. Appliances are generally covered by the manufacturer's warranty rather than the statutory warranty, although problems with installation may be reportable on a claim form. Tarion's what-is-not-covered page also lists defects in materials or work supplied by the homeowner, alterations or additions made by the homeowner, settling of land around the building and secondary damage caused by a warranted defect.
The Construction Performance Guidelines
Tarion uses its Construction Performance Guidelines when it assesses whether a condition is covered. The guidelines describe each condition, the acceptable performance, the action required and the exclusions that apply. Measurements and tolerances vary by item and are updated over time, so do not rely on numbers repeated in articles or social media. Look up your specific issue in the guidelines on Tarion's website and note the edition that applies to your home.
What This Looks Like in The Preserve
The Preserve is a newer, phased community in North Oakville. That affects how the warranty works in practice, because different homes within the same neighbourhood can be at very different stages.
A Phased Community Means Different Warranty Clocks
Every home has its own warranty start date. A home from an earlier phase may be past its one-year warranty while a neighbouring home in a later phase is just heading to its PDI. When you look at a home, ask for its possession date so you know how much of each warranty period remains.
Active construction nearby also brings dust, noise and truck traffic. The Town of Oakville states that all new subdivisions have these nuisances and requires the developer and builder to reduce them where possible, which is a municipal matter rather than a warranty claim.
POTL Townhomes: Your Home Versus the Common Elements
Some townhomes in newer communities are sold as parcels of tied land (POTL). Whether a particular home is a POTL depends on the address and the agreement, so confirm it with the builder and your lawyer. With a POTL, you own your home and land freehold, and the property is tied to a common elements condominium corporation that owns and maintains shared elements such as private roads, visitor parking and shared lighting. Owners pay a monthly fee toward that upkeep, which is why it helps to understand how condo and POTL fees are set and what they cover.
Tarion's information sheet for homes on a parcel of tied land states that there is no common element warranty coverage for common elements condominium corporations under the Act and its regulations. Your home is covered by the usual one-, two- and seven-year warranties, but a sinking shared laneway or a drainage problem on common property is a matter for the corporation's board, not an individual warranty claim. Because there is no common element warranty to claim against, the warranty-based performance audit process that Tarion describes for standard condominiums does not give a POTL corporation a Tarion claim. Whether other Condominium Act requirements apply to a particular corporation is a question for your lawyer.
Control of a new corporation starts with the developer. The Condominium Authority of Ontario explains that the developer-controlled board must call a turn-over meeting, where owners elect a new board and documents are handed over, within a short period after the developer stops owning a majority. Owners who take over a board may wish to arrange an independent engineering review of the common elements, and a lawyer can advise on the options.
Developer, Builder, Town: Who Handles What
New subdivisions divide responsibility among several parties. The table below reflects the Town of Oakville's published guidance for new subdivisions and the usual POTL arrangement. Always check your agreement of purchase and sale and subdivision documents for the specifics.
Item | Usually responsible |
|---|---|
Your house, interior and exterior workmanship | Builder (warranty) |
Lot grading, sodding and driveway on your lot | Builder |
Subdivision grading and drainage, sewers, watermains, roads, curbs, sidewalks, street lighting, perimeter fencing | Developer, until the Town assumes the subdivision |
Street trees | Developer, in consultation with the Town |
Stormwater management ponds | Developer, until assumption |
Roads and municipal services after assumption | Town of Oakville |
POTL private roads, visitor parking and other common elements | Common elements condominium corporation |
Assumption, Final Paving and Street Trees
Assumption is the point at which the Town takes over responsibility for maintaining roads and other municipal services from the developer. Until then, the developer remains responsible for those services and the streets, except for snow clearing and garbage collection, which are provided by the Town and Halton Region. The Town notes that assumption usually takes place several years after the subdivision is registered, or when all of the developer's requirements are fulfilled.
That is why final road surfaces, boulevard trees and some site works can wait. Street trees are planted in spring and fall after the builder lays sod, and not every lot receives one. The Town publishes a list of subdivisions by ward so owners can track the status of their own plan.
Lot Grading Certification
The Town explains that a professional engineer working for the developer certifies final lot grading after the lot has been graded and sodded, to confirm it meets the municipally approved drainage plan. Until that step is complete, do not alter the grading. Some builders hold a grading deposit until certification, and the Town does not require them to, so check your agreement to see when any deposit is returned. Fences, decks, sheds and pools can affect drainage, so in most cases you will need the builder's approval first. Check Town permit requirements as well.
Before You Buy: Under Construction Versus Ready to Move In
A home that is still under construction carries timing risks: closing dates can move, and the agreement's addendum governs what compensation applies. A ready-to-move-in home carries condition risks: there may be defects that are not visible yet, and a clock that has already started. In either case, ask when the warranty starts, read the grading and subdivision warnings in your agreement, have a lawyer review the documents and consider a private inspector at the PDI. Buyers comparing houses for sale in the area can use these questions to compare homes at different stages.
Buying or Selling a Nearly New Resale Home
A resale home that is still within seven years of its original possession date may carry warranty protection. The warranty stays with the home, but the new owner still has to act.
Register as the New Owner
Tarion states that the warranty does not transfer to a new owner automatically. After taking possession, the new owner contacts Tarion with the agreement of purchase and sale and the transfer deed so that their name is added to the file. Tarion then confirms the change and provides the enrolment number and a MyHome link. Only the owner on file can get detailed information about coverage and past claims. If a MyHome account already exists from the previous owner, Tarion says not to use their credentials and to register a new account.
The HCRA's Ontario Builder Directory also lets buyers search a home's warranty status for homes that are less than seven years old, which is a useful first check before making an offer.
Questions to Ask the Seller
Ask for the original possession date, the CCP, the PDI form, copies of submitted warranty forms, any open claims and what repairs were completed. If you are buying a POTL townhome, your lawyer should also review the status certificate and the corporation's records. When you are competing against multiple offers, ask your agent how to build these requests into your offer.
Open Claims and Selling During the Warranty Period
An owner who sells while a claim is open should tell the buyer and have the lawyers address it in the agreement. Tarion says a new owner may be able to act on a claim the previous owner submitted, so it is worth checking MyHome right away. Sellers considering the market can request a home evaluation and should gather their warranty paperwork before listing, since it supports buyer confidence.
Checking Your Builder
Before signing, and again before closing, check the builder's licence and record. Ontario's system gives buyers public tools for this.
The Ontario Builder Directory
The Ontario Builder Directory, hosted by the HCRA, shows whether a builder or seller is licensed, any licence conditions, enforcement history and Tarion warranty information, including chargeable conciliations and claims Tarion has had to resolve for the builder over a recent period. A builder missing from the directory is a red flag. A building permit is not proof of licensing.
Buyers can use the directory as one input, not a rating. A long record with few warranty issues is different from a short record with several. Keep context in mind, and do not rely on any single number.
Purchase Registration and Illegal Building
Tarion now requires buyers of newly built freehold homes to register their purchase agreement online with Tarion within 45 days of signing, using the Home ID shown on the Warranty Information Sheet attached to the agreement. Registration helps Tarion confirm that the builder is licensed and selling legally, and it is tied to deposit protection. Confirm the current requirement and deadline on Tarion's registration page, and ask your lawyer to help if you prefer.
Disputes, Insurance and Common Mistakes
Some of the costliest problems come from misunderstanding what the warranty is, rather than from the defect itself.
Warranty Versus Home Insurance
The warranty covers the defect itself. Tarion states that secondary damage caused by a warranted defect, such as damage to belongings, is not covered. Home insurance is designed for sudden and accidental loss. A sensible approach is to report the defect to the builder and Tarion, and to speak with your insurer separately if water or other damage affects your belongings or finishes.
Alterations and Maintenance
Alterations, deletions or additions made by the homeowner are excluded from the warranty, as is damage from improper maintenance. If you plan to finish a basement or build a secondary suite or home addition, ask your builder how the work could affect warranty coverage in that area. The same caution applies to energy-efficient upgrades, so check with your builder before changing insulation, windows or mechanical systems. Routine maintenance also matters: keep gutters and downspouts clear and discharging away from the foundation, run ventilation equipment as instructed and test the sump pump if your home has one.
Hiring Your Own Contractor
Hiring someone to fix a warranted item before the builder has had its repair period, or before Tarion has seen it, can make a later claim more difficult. Ask Tarion first. Emergencies and certain other situations follow different rules, and Tarion has a separate page on exceptions to the regular claims process.
If the Builder and Tarion Both Say No
If you disagree with Tarion's assessment, review the Conciliation Assessment Report carefully and consider independent mediation, an appeal to the Licence Appeal Tribunal (the independent provincial tribunal for Tarion decisions) and, for complex or high-value matters, legal advice. A written report from an independent professional can help in a technical dispute. The deadlines in these steps are short, so act promptly.
Mistakes That Cost Owners Coverage
The most common mistakes are assuming the PDI form is a warranty claim, missing a form window, accepting verbal promises in place of written ones, altering lot grading before certification, skipping maintenance and not keeping records. Tarion and the Town both emphasize recording complaints in writing, to the builder and to Tarion.
Practical Checklist for New-Home Owners
A short checklist keeps a busy first year manageable. The two lists below are general prompts, not a substitute for Tarion's forms or the Construction Performance Guidelines.
Owner Timeline
Before closing: review the Warranty Information Sheet, register the purchase if required, and book the PDI.
At the PDI: record every visible item, note anything inaccessible, and keep copies of the PDI form and CCP.
After possession: register for MyHome and add items as you find them.
First six months: review the Mid-Year Form and add anything new.
Before the first anniversary: complete the Year-End Form and confirm everything is listed.
Second year: use the Second-Year Form for water penetration and delivery system issues.
Years three to seven: use the Major Structural Defect form only for qualifying structural issues.
Room-by-Room Prompts
Entrance and living areas: doors and windows open, lock and seal; drywall seams, trim joints and flooring noises.
Kitchen: cabinet alignment, countertop seams and chips, plumbing under the sink, exhaust fan operation.
Bathrooms: fixtures, caulking, drainage and any signs of leaks.
Bedrooms and halls: airflow from vents, floor squeaks, closet doors.
Basement and mechanical room: signs of moisture, HRV and furnace operation, sump pump if present.
Exterior and yard: grading slope away from the house, downspouts, cladding, garage door, driveway, and unfinished items.
Official Sources Worth Bookmarking
Use these official pages to confirm current rules, forms, timelines and limits before you act.
HCRA: before you buy, licensing and the Ontario Builder Directory
Town of Oakville: new subdivisions, grading, street trees and assumption
Final Thoughts
Owning a new home in a community like The Preserve is easier when you treat the first year as a project: inspect carefully, report in writing, meet each form window and understand who is responsible for each part of the neighbourhood. If you are comparing homes for rent, planning your budget with the mortgage calculators, or weighing the daily commute and GO access from The Preserve, keep your warranty dates in your calendar alongside those decisions. This article is general information, not legal advice, so confirm current details with Tarion, the HCRA, the Town of Oakville and a real estate lawyer.
FAQs
What is Tarion and what does it do?
Tarion is a not-for-profit corporation that administers Ontario's new home warranty and protection program. The warranty is provided by the builder, and Tarion backstops it, assesses disputed claims and provides financial protection in certain situations such as a builder insolvency.
Is Tarion the same as the HCRA?
No. The HCRA licenses builders and vendors, enforces conduct standards and hosts the Ontario Builder Directory. Tarion administers the warranty and handles warranty claims.
Does the Tarion warranty apply to homes in The Preserve Oakville?
Newly built freehold homes, condominium units and homes on a parcel of tied land are covered by the new home warranty if they are enrolled by a licensed builder. For any particular home, confirm the enrolment and the warranty start date on the CCP, and ask your lawyer how your type of home is treated.
How long does the warranty last?
The main stages are one year for workmanship, materials and Building Code compliance, two years for water penetration, delivery systems and certain health and safety Building Code items, and seven years for major structural defects. All stages run from the date of possession or occupancy.
Should I bring a home inspector to my pre-delivery inspection?
Tarion's guidance says a professional home inspector or any other person may attend with you or in your place as a designate. If a designate attends instead of you, use Tarion's Appointment of Designate form and give it to the builder before or at the PDI.
Do items on my PDI form carry over to a warranty claim?
The PDI form is the record of your home's condition at possession. If an item is not resolved, report it through the claim forms in MyHome within the applicable windows rather than assuming the PDI form is enough.
What happens if I miss a warranty form window?
Tarion warns that you risk not having certain items covered if you do not submit forms on time. A short grace period exists at the end of the first year, but it requires written evidence that you reported the items to your builder within the first year. Confirm current windows in MyHome.
How long does the builder have to repair items?
When you submit a form, a builder repair period begins, typically 120 days for first-year forms, with other periods in some situations. Check Tarion's claim forms and claims process pages for the periods that apply to your warranty start date.
What is a Tarion conciliation?
Conciliation is Tarion's process for assessing whether items on a warranty form are covered when the builder has not resolved them. Tarion issues a Conciliation Assessment Report, and a chargeable conciliation is recorded against a builder that should have resolved a warranted item. Tarion lists timing and fees on its conciliation page.
What can I do if I disagree with Tarion's decision?
You can request a Decision Letter and appeal to the Licence Appeal Tribunal, the independent provincial tribunal that hears appeals of Tarion decisions, within the stated deadline, consider independent mediation, or seek legal advice. The New Home Ombuds office can review complaints about how Tarion handled your file.
Are POTL common elements covered by Tarion?
Tarion's information sheet for homes on a parcel of tied land states that it does not cover common elements for condominium corporations. Your home itself is covered. Issues with shared roads or other common property go through the corporation's board.
Who is responsible for street trees, final paving and lot grading in a new subdivision?
According to the Town of Oakville, the developer is responsible for subdivision grading and drainage, roads, curbs, sidewalks, street lighting and street trees until the Town assumes the subdivision. The builder is responsible for the house, lot grading, sodding and the driveway on the lot.
Does the warranty transfer if I buy a resale home?
The warranty stays with the home for seven years from the original date of possession, but Tarion says the transfer is not automatic. The new owner contacts Tarion with the agreement of purchase and sale and the transfer deed so Tarion can update the file and provide MyHome access.
Are cracks, nail pops and window condensation covered?
Tarion does not cover normal wear and tear or normal shrinkage of materials after construction. Tarion's guidelines address condensation on interior window surfaces as something that may occur, and they exclude damage from poor ventilation. Whether a specific crack or gap is covered depends on the Construction Performance Guidelines.
Can I change my yard grading or build a deck right after moving in?
Not without checking first. The Town of Oakville advises owners not to alter lot grading without the developer's permission until grading is certified, and a fence, deck, shed or pool can affect drainage. Alterations made by the homeowner are also excluded from warranty coverage.
What if my closing date is delayed?
For freehold homes, the agreement's addendum sets out firm or tentative closing dates. If a firm date is missed and no exception applies, the builder must pay compensation, subject to the set daily amount and maximum. Confirm the current amounts and the claim deadline on Tarion's delayed closing page.
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