Home warranty insurance providers in BC need to be aware of radon. There are now radon provisions in the BC Building Code for many municipalities.
The Homeowners Protection Act requires most new homes to have insurance coverage for defects in materials, structure and building envelope (s. 22(2)).
If builders do not follow the Code, this will count as a defect. But high radon can persist despite the Code, and in regions the Code does not require radon mitigation equipment.
We think its only a question of time until courts decide that high radon is a defect, regardless of the Code. In Ontario, Tarion, the sole New Home Warranty provider, has taken this step.
We encourage new homeowners to apply to their New Home Warranty provider if they encounter faulty radon mitigation systems or their home has high radon.
Warranty providers should adopt policies to cover high radon.
Click here to read a more detailed legal opinion entitled Radon: Liabilities in Construction Law. This includes further information, resources, and analysis covering the role of architects, engineers, builders, municipal inspectors and New Home Warranty providers.