A Comprehensive Guide To New Condo Performance Audits

by | Jun 8, 2020 | Inspections

When buying a new home or condominium, it’s easy to sometimes think of the builders and engineers as the bad guys: it’s you vs. them. We’re here to tell you that’s not the case!

Keller Jansen Engineers is a leading consulting engineering company

With over 60 affiliate offices throughout North America, we specialize in a wide range of building services and have consulted with clients on over 600,000 properties of every kind. Keller Jansen Engineers qualifies every engineer in our organization and they must participate in our internal QA training programs and take part in annual peer reviews.

We are building generalists with design, construction and facilities backgrounds. Each of our engineers also brings specific expertise in various disciplines such as condominium, commercial, residential, environmental, and other related fields.

Who decides what standards a new build is held to?

In Ontario, all builders must adhere to the New Home Warranty Plan Act, which protects your investment as a new homeowner. The warranty covers the following:

  • 13. Every vendor of a home warrants to the owner,
    • (a) that the home,
      • (i) is constructed in a workmanlike manner and is free from defects in material,
      • (ii) is fit for habitation, and
      • (iii) is constructed in accordance with the Ontario Building Code;
    • (b) that the home is free of major structural defects as defined by the regulations; and
    • (c) such other warranties as are prescribed by the regulations. R.S.O. 1990, c. O.31, s. 13 (1).

Mature man engineer walking on construction site, holding tablet with blueprints.

Each of these points has a further extension for condominiums:

  • 15. For the purposes of sections 13 and 14,
    • (a) a condominium corporation shall be deemed to be the owner of the common elements of the corporation;
    • (b) if dwelling units are included in the property of a condominium corporation, the warranties on the common elements of the corporation take effect on the date of the registration of the declaration and description;
    • (c) no warranties shall take effect on the common elements of a common elements condominium corporation or a vacant land condominium corporation;

What is a condominium performance audit?

Performance audits can take place after one year, two years, and up to seven years:

  • During a 1st Year Performance Audit, all deficiencies are inspected. This includes cracks, finish defects, missing paint, mechanical equipment issues, and anything perceived as a defect by the engineering consultant, property manager, condo board, and unit owners.
  • A 2nd Year Performance Audit is more limited. At this time, only building code violations, health and life safety, and water penetration are inspected.
  • At any time after the end of the second year, but no later than the expiry of the seven-year anniversary, a condominium corporation can make a Major Structural Defect Common Elements Warranty Claim. As the name suggests, this covers major structural defects in the building.

After each performance audit, we report all deficiencies to Tarion, as we do not discriminate if a deficiency is warrantable by Tarion. We use this as a bargaining tool with the builder to win compensation at the end of the performance audit process.Engineer examining house after renovation, view from below

Does your building need a performance audit?

If you have questions or think your building may require a performance audit, contact our engineers today!

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