Licensed builders and vendors of new homes in Ontario must follow the law. The HCRA relies on the information and feedback provided by the public as one important way to identify and address violations of the rules. Complaints highlight potential and real harms faced by consumers which may result in any number of regulatory actions available to the HCRA’s licensing, compliance and enforcement teams. Reporting complaints and concerns will help the HCRA to better protect the public and to inform future improvements to competency and other requirements for builders and vendors.
The HCRA will address inquiries, concerns and complaints about builders and vendors. There are four key areas of focus for the HCRA:
Licensing The builder or vendor is appropriately licensed with the HCRA and new homes are enrolled with Tarion.
Conduct The builder or vendor carries on business in accordance with the law and with honesty and integrity.
Competency The builder or vendor has the knowledge and experience necessary to build new homes or sell new homes and generally engage with new home purchasers and owners.
Financial Responsibility The builder or vendor can reasonably be expected to be financially responsible in the conduct of their business.
The HCRA is responsible for regulating the conduct of new home builders and vendors. Please note that the HCRA does not have the authority to order a builder to compensate or pay damages to a complainant. These are matters that a new home buyer may wish to discuss with a lawyer.
It is also important to note that complaints relating to the statutory warranty on new homes are matters for Tarion to address. Disputes about how new home warranty claims are addressed are not within the jurisdiction of the HCRA.
The types of complaints that are not within the jurisdiction of the HCRA and will be handled by Tarion include:
Resolution of a new home construction defect or problem
The complainant seeks compensation for a new home repair they paid for
The complainant seeks compensation for a delayed closing