Tarion Warranty

Brookland Fine Homes is a certified Registrant with the TarionCorporation (formerly Ontario New Home Warranty Program). All registrants with Tarion are entitled to:

One Year Warranty

• Requires a home is constructed in a workman-like manner and free from defects in material;
• Protects against unauthorized substitutions
• Requires the home to be fit for habitation;
• Protects against Ontario Building Code violations; and
• Applies for one year, beginning on the home’s date of possession even if the home is sold.

Two Year Warranty

• Protects against water penetration through the basement or foundation walls;
• Protects against defects in materials that affect windows, doors and caulking and defects in work that results in water penetration into the building envelope;
• Covers defects in work or materials in the electrical, plumbing and heating delivery and distribution systems;
• Covers defects in work or materials that result in the detachment, displacement or deterioration of exterior cladding (such as brickwork, aluminum or vinyl siding);
• Protects against violations of the Ontario Building Code that affect health and safety; and
• Applies for two years, beginning on the home’s date of possession.

Seven Year Warranty

Your home’s seven year warranty covers major structural defects (MSD) and 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 is defined in the The Ontario New Home Warranties Plan Act as:
 
In respect of a post June 30, 2012 home, any defect in work or materials in respect of a building, including a crack, distortion or displacement of a structural load-bearing element of the building, if it,

1. results in failure of a structural load-bearing element of the building,
2. 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, or
3. 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

The seven year MSD warranty includes significant damage due to soil movement*, major cracks in basement walls, collapse or serious distortion of joints or roof structure and chemical failure of materials.

In addition to the general exclusions, the seven year MSD warranty specifically excludes: dampness not arising from failure of a load-bearing portion of the building; damage to drains or services; and damage to finishes.

Inspections

Builders in Ontario are deemed to provide statutory warranty coverage as described in the Ontario New Home Warranties Plan Act.

This coverage includes:

• Protection for deposits;
• Protection against Financial Loss for Contract Homes
• Compensation for delays in closing or occupancy;
• Protection against unauthorized substitutions
• One and two year warranties for certain defects in work and materials;
• A seven year warranty for major structural defects; and
• Coverage for condominium common elements (the common or shared area of condominium buildings.)

The maximum statutory warranty coverage available for new homes and condominium units is $300,000. The maximum coverage for condominium common elements is $50,000 times the number of units, up to a maximumof $2.5 million. There is a maximum of $15,000 for warranted damage caused by environmentally harmful substances or hazards and a maximum of $25,000 for coverage of septic systems.

Tarion’s Role

Tarion ensures new home buyers receive the statutory warranty coverage they are entitled to under the Act. Most issues are resolved by builders without involvement by Tarion, however we will intervene if a builder fails to honour their warranty obligations.

Statutory warranty coverage is different from the warranties for items provided by manufacturers, suppliers or subcontractors (such as appliances or flooring). Claims for these items should be made directly to the product provider.

The statutory warranty protection is broad, but it is not all inclusive. The warranty coverage has limitations and exclusions. Home buyers are encouraged to understand the scope of warranty coverage by reading this website and the Homeowner Information Package. The statutory warranties are in addition to any warranties or rights the homebuyer may have under contract or otherwise.

Brookland Fine Homes will contact you to arrange the following inspections:

1. Prior to occupancy - To carry out the TARION pre-delivery inspection (PDI), which will record any outstanding work and/or any deficiencies at the time of inspection.
2. Thirty days after occupancy - To ensure that all items noted in the PDI inspection have been completed to your satisfaction.