Closing on a new home in Ontario in winter, and the driveway and sod aren't done: what now?

If you take possession of a new home in Ontario in winter, it's common to find a gravel driveway and bare dirt where the lawn should be. Paving and sod usually wait until the weather warms up. Tarion treats final grading, sod, driveways and walkways as special seasonal items, and the builder has 270 days of seasonable weather to finish them, with seasonable weather meaning May 1 to November 15. So I wouldn't refuse to close over it. Instead, list every unfinished item on your pre-delivery inspection form and photograph it, check what your purchase agreement says about exterior work, get the builder to confirm in writing when it will be done, and report these items on a Tarion warranty form within your first year.

Why winter closings often look unfinished

Asphalt and sod do not like the cold. Once the ground freezes or snow falls, paving won't compact properly and sod won't take, so builders typically schedule this work for warmer weather. A home that closes in December or January with gravel and dirt out front, finished the following spring or summer, is not unusual.

Tarion's rules reflect this. There are only 199 seasonable days in a calendar year, so the 270 days can run into your second construction season after closing. For the exact deadline on your home, check the important dates in your Tarion account.

Many new home agreements deal with seasonal exterior work separately, setting out timing and what gets done, and some agree to a longer period. Every builder words it differently, so read your own agreement.

How Yifei sees it

Two of Yifei's views on pre-construction matter here.

First, quality issues on a new home go through the Tarion warranty for repair. They are not grounds to walk away. Unfinished paving and sod even less so.

Second, refusing to close is expensive. The builder may sue, you may lose your deposit, and you may face a claim for any price difference and costs. Refusing to close over a driveway is putting big money on the line over a small problem. For how this applies to your agreement, ask a lawyer.

So the approach is: close, document what's unfinished, report it on time, and follow up item by item.

Different situations

Step by step

1. Do the pre-delivery inspection (PDI) with the builder's rep and write down each unfinished item on the PDI form: driveway, sod, grading, steps. Tarion says the PDI form is useful evidence later. If you can't attend, you can send a designate.
2. Photograph everything with dates: front, back and both sides.
3. Pull out your purchase agreement and find the clauses on exterior or seasonal work and completion timing.
4. Email the builder asking them to confirm in writing what's outstanding and when it will be done. If they tell you by phone, confirm it by email.
5. Within your first year, report the unfinished driveway, sod, grading and walkways on a Tarion warranty form (Initial, Mid-Year or Year-End) to protect your coverage on them. Waiting until spring to see whether the builder shows up is a mistake.
6. Through the winter, check the foundation walls and basement for pooling water during thaws, and photograph anything you see. And leave the grading alone: basement leaks caused by grade changes you make yourself may not be covered.
7. If the builder misses the deadline, contact Tarion within the 30 days Tarion allows to request an assessment. For forms and dates, go by the Tarion website and your account, and ask your lawyer if you're unsure.

Frequently asked questions

Can I refuse to close because the driveway and lawn aren't done?

It's not a good idea. In Yifei's view, a builder may sue a buyer who doesn't close, the deposit may be lost, and the buyer may face a claim for the price difference and costs. Close, record the unfinished items on your PDI, report them to Tarion within your first year, and follow up. For your specific agreement, ask a lawyer.

What if the builder never comes back?

Follow up in writing and keep a record. As long as you reported these items within your first year, the builder has 270 days of seasonable weather to finish them; if the deadline passes and the work isn't done, contact Tarion within 30 days to request an assessment. Whether and how it applies, go by Tarion and your lawyer.

How do I shovel a gravel driveway?

Use a plastic shovel or keep the blade a little high so you do not scrape up the gravel. If you hire snow removal, tell them it's gravel.

Tell me about your situation and I'll give you a straight answer on what to do. Reach Yifei (RE/MAX) at efay.ai.

Sources

• Tarion, Exceptions to the regular claims process (special seasonal items): https://www.tarion.com/homeowners/exceptions-claims-process
• Tarion, 3 warranty exceptions to be aware of now that warm weather is here: https://www.tarion.com/media/3-warranty-exceptions-be-aware-now-warm-weather-here
• Tarion, The Pre-Delivery Inspection: https://www.tarion.com/homeowners/pre-delivery-inspection