Buying a brand-new home in Ottawa or Eastern Ontario is one
of the most exciting milestones of your life. After months — sometimes years — of saving, planning, and waiting, the day you finally get the keys feels like everything you worked for coming together at once.
But here is something I have learned after two decades of helping clients navigate real estate transactions: a new build is rarely truly “done” on closing day. Builders are juggling dozens of units, tight timelines, and countless subtrades. Deficiencies happen. What separates buyers who protect themselves from those who pay out of pocket later is understanding two things: the Tarion warranty program and the importance of a post-closing home inspection.
What Is Tarion, and Why Should You Care?
Tarion Warranty Corporation is a not-for-profit corporation established under Ontario’s New Home Construction Licensing Act, 2017
and the Ontario New Home Warranties Plan Act. If you are buying a newly built home from a licensed builder in Ontario — whether it’s a detached house in Barrhaven, a townhome in Orleans, or a semi in Kemptville — your new construction is always covered under Tarion’s statutory warranty program.
Tarion’s warranty coverage is layered across three overlapping periods:
One-Year Warranty The builder must repair unauthorized substitutions, Ontario Building Code violations, defects in work
or materials, and water penetration through the basement or foundation for the first year after possession.
Two-Year Warranty For two years, the builder is responsible for water penetration through the building envelope (walls,
windows, roof), defects in the electrical, plumbing, and heating delivery systems, and defects that cause the home’s structure to be not fit for habitation.
Seven-Year Warranty Major structural defects — meaning a defect in a load-bearing part of the home that would cause the home
to collapse or be unfit for occupancy — are covered for seven years.
This is meaningful protection. But here is the critical point that many buyers miss: Tarion’s warranty is not automatic in the sense that the builder simply shows up and fixes things. You have to identify the issues, document them, and submit them within specific timelines. If you miss a deadline or fail to properly flag a deficiency, you may lose your right to warranty coverage for that item.
That is where the Pre-Delivery Inspection comes in.
The Pre-Delivery Inspection (PDI): Your First Line of Defence
Before you take possession of your new home, your builder is legally required to conduct a Pre-Delivery Inspection with you. This is a walk-through of the completed home where you and a builder’s representative go through the property together and document the condition of everything — walls, floors, ceilings, windows, doors, fixtures, mechanical systems, and more.
Think of the PDI as your opportunity to create an official record of the home’s condition before the keys change hands. Anything you note on the PDI form becomes part of the record that the builder is obligated to address. Anything you miss — or anything you simply accept without flagging — may be much harder to pursue later.
What to Do Before Your PDI
Do not walk into your PDI cold. Here is how to prepare:
Bring someone with you. Two sets of eyes are better than one. The Builder may not allow this, so best to ask. If you know a contractor, a handy family member, or a friend with construction experience, bring them along. The builder’s representative will not be trying to hide things, but they are also not going to point out every imperfection.
Bring the right tools. A flashlight, a phone charger (to test outlets), a notepad or your phone for photos, and a marble or level
(to check for sloped floors) can all be useful.
Take your time. A PDI for a single-family home can take two to three hours if done properly. Do not let anyone rush you. This is
your legal right.
Document everything in writing and with photos. Every scratch, every gap in trim, every door that doesn’t close properly, every paint imperfection — put it on the form and take a photo. The photos are your insurance.
What to Look For During Your PDI
Here is a non-exhaustive list of the things I tell my clients to examine closely:
Exterior: Grading and drainage around the foundation, condition of the driveway and walkways, siding alignment and gaps, window caulking, garage door operation, and eavestroughs and downspouts.
Interior — General: Walls and ceilings for cracks, dents, or paint inconsistencies; floors for squeaks, gaps, or uneven surfaces;
baseboards and trim for gaps or damage; doors and windows for proper operation, locking, weatherstripping, and hardware.
Kitchen and Bathrooms: Cabinet doors and drawers for alignment and hardware; countertop seams; tile grout and caulking around tubs, showers, and sinks; all fixtures for leaks; exhaust fans.
Mechanical Systems: HVAC system operation (ask the builder’s rep to demonstrate); hot water tank; electrical panel labelling; all
outlets and switches (use your phone charger); smoke and carbon monoxide detectors.
Basement: Cracks in the foundation walls or floor slab; moisture or efflorescence; proper window wells and drainage.
After the PDI
Once the PDI form is signed, both you and the builder receive a copy. The builder has 30 days after your PDI (or 30 days after
possession, whichever is later) to repair most deficiencies. For items that cannot be completed immediately due to weather or material availability, your builder should provide a written schedule.
If the builder fails to complete the repairs, you have recourse through Tarion. You can submit a warranty claim through Tarion’s
online portal, and Tarion will investigate and direct the builder to make the repairs — or, in some circumstances, Tarion will arrange and fund the repairs directly.
Why You Should Still Get a Home Inspection After Closing
Here is where I sometimes get pushback from clients: “Marc, I just bought a brand-new house. Why would I need a home inspection?”
My answer is always the same: because your new house has never been lived in, and living in it will reveal things that no PDI
walk-through can catch.
Once you move in and start using the home — running the dishwasher, taking showers, turning the heat and air conditioning on and off through the seasons, and just putting normal daily stress on the structure — issues that were invisible on possession day will begin to surface. A post-closing inspection by a licensed home inspector, done within the first few months of ownership, gives you a professional, documented assessment of any emerging deficiencies while your Tarion warranty coverage is still very much
alive.
What a Post-Closing Inspection Catches
A professional home inspector will assess things that were either not fully testable during your PDI or that only become apparent under normal use:
Water and moisture issues. Improper grading around the foundation, poor sealing around windows and doors, and inadequate attic ventilation can all lead to water infiltration that isn’t visible on possession day but shows up after the first heavy rain or snowmelt.
HVAC performance. Running your heating or cooling system under real load conditions over a full season may reveal airflow
imbalances, poorly sealed ductwork, or undersized equipment.
Settling cracks. All new homes settle. Some settling is normal and cosmetic; some is a red flag. A home inspector experienced with new construction can tell the difference.
Insulation and ventilation. Attic access and infrared scanning can reveal gaps in insulation or ventilation that would otherwise
drive up your heating bills and may cause moisture problems over time.
Plumbing under load. Running multiple fixtures at once can reveal pressure issues, slow drains, or improper venting that weren’t
apparent during a brief PDI.
When to Book It
I recommend booking your post-closing inspection within the first 60 to 90 days of possession, and no later than around the 10-month mark — leaving you time to submit a Tarion warranty claim before your first-year deadline. In fact, I advise my clients to schedule two inspections if they can: one at around 90 days, and one at the 10-month mark specifically to capture any
issues before the one-year Tarion deadline passes.
Tarion’s 30-Day Submission Deadlines
Under Tarion’s rules, you can submit warranty claims during
specific windows:
- Days 1–30 after possession (your PDI deficiencies and anything discovered in the first month)
- Between Days 61–365 (for new issues discovered during year one)
- Between Years 1 and 2 (for two-year warranty items)
- Within the seven-year period (for major structural defects)
Missing these windows can mean losing coverage for otherwise valid claims. A post-closing inspection gives you the professional
documentation you need to support your claims and file them correctly.
The Bottom Line: Protect Your Investment from Day One
A new home in Ottawa or Eastern Ontario is not just a purchase — it is likely the single largest financial commitment of your life.
The Tarion warranty program exists to protect you, but it only works if you use it properly. That means:
- Taking your PDI seriously and documenting every deficiency, no matter how minor it seems.
- Following up in writing if your builder is slow to address PDI deficiencies.
- Booking a post-closing home inspection within the first few months of ownership.
- Knowing your Tarion deadlines and submitting claims on time.
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And of course, it means having a lawyer in your corner throughout the process — someone who reviews your Agreement of Purchase and Sale before you sign, explains your rights and obligations, and makes sure your closing goes smoothly.
Questions? We’re Here to Help.
At Droit Ouimet-McPherson Law, we have been helping Ottawa and Eastern Ontario residents navigate new home purchases, real estate transactions, and all manner of legal challenges for years. Whether you are buying your first home, reviewing a builder contract, or trying to understand your rights under Tarion, we are here to provide clear, practical legal advice in both English and French.
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This blog post is intended for general informational purposes only and does not constitute legal advice. Every situation is unique.
Contact our office to discuss your specific circumstances.
