What to do next
Identify which warranty tier applies
Coverage is usually tiered — shorter periods for finishes and systems, the longest for major structural defects. Each tier has its own claim window and statutory form. Establish which applies before doing anything else.
Submit on the prescribed form, in time
Warranty programmes require specific forms within specific windows. Notifying the builder alone does not preserve the claim. Keep proof of submission.
Document with independent expert evidence
For structural or envelope issues, get an engineer's report on cause and extent. Builder-side assessments will disagree, and your evidence needs to exist.
Keep the civil claim in view
Warranty coverage has limits and exclusions. Matters outside it may still be a claim against the builder in contract or negligence, on its own limitation period.
Frequently asked questions
Is the warranty the same as suing the builder?
No. The statutory warranty is a separate scheme with its own forms, windows and limits. A civil claim against the builder may still exist for matters outside coverage.
What if my builder wasn't licensed?
That can void warranty coverage and leaves you far weaker. In Ontario, builder licensing is with the HCRA — verify before signing a purchase agreement.
The builder keeps promising to fix it.
Promises do not extend a warranty window. Submit the claim on time regardless of what you have been told verbally.
Does it cover a condo's common elements?
Generally yes, with the corporation typically making those claims. Owners should raise concerns with the board and confirm the claim was submitted.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.