Tarion warranty exclusions (ONHWPA s.13(2)) — homeowner alterations, normal wear, dampness/condensation, secondary damage, acts of God

Claim: Per ONHWPA s. 13(2) and Tarion's "What is not covered" page, the warranty does not cover:

  • Defects in materials, design and work supplied by the homeowner.
  • Secondary damage caused by defects under warranty (e.g., personal-property damage, personal injury).
  • Normal wear and tear; normal shrinkage of materials caused by drying.
  • Damage from dampness or condensation due to homeowner failure to ventilate.
  • Damage from improper maintenance.
  • Alterations, deletions or additions made by the homeowner.
  • Subsidence of land around the building (other than beneath the footings).
  • Damage resulting from an act of God (extraordinary natural events only).
  • Damage caused by insects/rodents (unless building violates the OBC).
  • Damage caused by municipal services or other utilities.
  • Surface defects specified and accepted in writing by the owner.
  • Elevators, HVAC appliances and certain other appliances (explicitly excluded from common-elements coverage).

Source: ONHWPA s. 13(2); Tarion "What is not covered" page.

Confidence: Verified.

The three exclusions buyers find most surprising:

  1. Secondary damage — water damage to furniture from a warranted plumbing leak is not covered.
  2. Dampness/condensation tied to inadequate ventilation by the homeowner.
  3. Homeowner alterations that void the warranty on the modified item.

For buyer-facing client content: Setting expectations honestly here builds trust. Buyers who learn about secondary-damage exclusion from the builder won't feel ambushed if a claim later runs into it.