What Warranty Comes With a New Home in Manitoba?

You have bought, or are thinking of buying, a newly built house in Manitoba. You want to know what happens if the roof leaks, the basement shifts or a structural problem appears a few years in, and who has to pay to fix it.

The answer is different from what many people expect. Manitoba does not currently have a mandatory province-wide warranty program for new homes. This article explains what the law says, what that means in practice, and what to check before you sign.

This article covers the law of Manitoba.

Is a new home warranty required in Manitoba?

A statute called The New Home Warranty Act (S.M. 2013, c. 23) was passed, but it was never proclaimed, so it never came into force. A later bill, Bill 37 of the 42nd Legislature, 2nd Session, provides in section 18 that the Act is repealed. The result is that a mandatory statutory warranty on new homes is not in force in Manitoba.

In plain words, there is no automatic, government-set package of coverage that comes with every new house. You cannot assume a set number of years of cover for defects or structure just because the home is new.

What this means for defects and structural problems

Without a mandatory program, the protection you have depends largely on what you and the builder agreed in writing, and on any coverage that is offered separately. Some builders provide their own warranty, and some homes come with coverage from a third-party provider. The terms, length and exclusions of these can vary a great deal, and they are not set by one Manitoba statute.

Because of that, you cannot safely answer questions such as what is covered, for how long, and what the builder must still fix without reading the actual documents. A warranty that sounds broad in a brochure may have limits, conditions or claim steps that only appear in the fine print.

Questions to ask before you sign

Treat the warranty as part of the price you are paying. These questions help you compare one new home with another.

• Is there a written warranty, and who stands behind it: the builder, a third-party provider, or both?
• What exactly is covered, such as workmanship, materials, the building envelope or structure?
• For how long does each type of coverage last, and when does the clock start?
• What is excluded, and are there conditions such as maintenance duties that could end coverage?
• How do you make a claim, and what notice or paperwork is required?
• What happens to the warranty if the builder closes down or the home is resold?
• Are promises made in marketing material or by a sales representative also written into the contract?

New condominium units have their own paperwork

If the new home is a condominium unit bought before the declaration and plan are registered, the seller must give you a specific package. It includes Form 6A, Forms 4 and 5, a declarant's disclosure statement (Form 1), a reserve fund study or summary, the proposed declaration, the first by-law and rules, any proposed management agreement, the plan parts for your unit, and financial projections if the sale falls in the first year all owners contribute to common expenses.

This package does not replace a home warranty, but it tells you how the building will be run and funded, which matters for future repairs to shared parts of the building. Read it carefully and have it reviewed before you commit.

What to do next

Get the full contract and any warranty documents before you are bound, not after. Ask for anything that is only promised verbally to be put in writing. If a problem has already appeared in a home you own, take dated photos, keep copies of all messages with the builder, and note when you first noticed it.

A lawyer can read the contract and warranty with you, explain your options if the builder will not fix something, and confirm whether any legislative change has taken place since this article was written.

Frequently asked questions