Guarantee Plan

For New Residential Buildings

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Respecting plan time limits

The Regulation respecting the guarantee plan for new residential buildingsThis link leaves Guarantee Plan for New Residential Buildings Website. includes, within its mechanisms of implementation and recourse, time limits within which you must send your request to the contractor, the plan manager, a mediator, or an arbitration body.

To learn about the time limits according to your situation, consult the pages Problems that arise before acceptance of the building and Problems that arise after acceptance of the building.

If you fail to comply with the time limits for claims (implementation of the guarantee) or for recourse, this may compromise your claim or your request for mediation or arbitration.

In case of non-compliance with the time limits

If you can show that your failure to comply with a time limit can be attributed to a fault on the part of either the plan manager or the contractor, you may not be penalized.

For example, the plan manager failed to send you the informational document Required reading for informed adults, as the Regulation requires, you could invoke this failure to gain an additional one-year period to present a claim. You can download the document below corresponding to your home type:

Thus, in the case of a claim concerning a latent defect, the time limit for sending in the claim could be 4 years after acceptance of your home, even though the Regulation stipulates that such claims must be made within 3 years.

If the Guarantee Plan manager forgets to indicate in their decision the time limits for contesting the decision, the intended 30-day time limit to contest the decision can be extended by one year.

The deadline has passed, but…

You failed to comply with a deadline. Well, in some circumstances, this failure cannot be used as grounds for rejecting your claim or your application for recourse, that is, when the contractor, or even the plan manager, has not fulfilled their obligations concerning the following:

  • The pre-acceptance inspection (articles 17 and 33 of the Regulation)
  • The procedures for making a claim for coverage before or after acceptance of your home (articles 17.1, 18, 33.1 and 34)
  • The informational content of decisions made by the Guarantee Plan manager (article 66)
  • The plan manager's obligation to give you the explanatory document on the application of the Regulation at the time that the house or the condo is registered, or when the beneficiary is known (article 69.1)
  • The content of the guarantee contract and the elements required for its validity (articles 132 to 137)
  • The obligations of the contractor concerning, among others, the notice of end of work of the common portions of a condo (paragraphs 12, 13 and 14 of Schedule II)
  • The obligation of the contractor concerning necessary measures to ensure the preservation of the building (paragraph 18 of Schedule II)

Reject of a claim

If the contractor or the plan manager can show that their failure to comply with their obligations had no impact on your failure to comply with the time limit, or if the time limit for making a claim (implementation of the guarantee) has been expired for more than a year, the arbitrator could reject your claim.