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Vacancy, Renovation, and Coverage Gaps in Property Insurance
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A property owner in southern Alberta acquired a 3-storey mixed-use building in 2019, operating the ground floor as a small retail space while maintaining 4 residential rental units on the upper floors. The building had been continuously insured under a commercial property policy since acquisition, with coverage limits reflecting the rental income, the building's replacement cost, and the nature of its retail and residential uses. The property generated steady rental income for approximately 4 years, during which time the owner maintained the policy without incident and submitted no claims.

In the spring of 2023, the owner decided to undertake a significant redevelopment of the property. The plan involved converting the ground-floor retail space into 2 additional residential units, upgrading the electrical and plumbing systems throughout the building, and installing new windows and exterior cladding. The project was expected to take between 8 and 12 months to complete. To facilitate the renovation, the owner issued notices to all existing tenants, and by mid-June 2023, the building stood entirely vacant. A general contractor was retained, and demolition of interior finishes began in early July.

The owner did not contact the insurer before the tenants vacated or before construction commenced. The existing policy remained in force with premiums paid automatically through a pre-authorized debit arrangement. No endorsements were requested, no vacancy permits were sought, and no notification was provided regarding the scope of the planned work or the change in the building's occupancy status. The owner understood the policy to remain valid so long as premiums continued to be paid.

In late September 2023, while the building remained under construction and unoccupied, a fire broke out in the basement area where electrical work had been underway. The fire caused extensive damage to the structure, with preliminary estimates suggesting losses exceeding $1.2 million including the cost of completed renovation work that was destroyed. The owner submitted a claim under the property policy, expecting full indemnification for the loss.

The insurer's adjuster attended the property within days of the loss and began an investigation into the circumstances. The adjuster's preliminary report identified 3 distinct coverage concerns: the building had been vacant for more than 60 days at the time of the fire, substantial construction work was underway that had not been disclosed to the insurer, and the intended use of the property had changed materially from mixed commercial and residential to fully residential. The insurer reserved its rights pending further investigation, and the owner now faces the possibility that some or all of the claimed loss may fall outside the scope of coverage.

Renovation and Construction: How Work on a Property Affects Coverage

Renovation and construction activities represent one of the most significant yet frequently misunderstood areas of property insurance coverage. When a property owner undertakes work ranging from a modest kitchen upgrade to a complete structural overhaul, the insurance implications extend far beyond simply ensuring the finished product will be covered. The work itself introduces new hazards, changes the risk profile of the property, and often triggers specific policy conditions that, if not properly addressed, can result in denied claims and substantial financial loss. For insurance professionals, brokers, risk managers, and property owners across Canada, understanding how renovation and construction affect coverage is essential to maintaining continuous protection and avoiding the coverage gaps that so frequently emerge during these transitional periods.

The legal foundation for how renovation and construction activities affect property insurance coverage rests on several interconnected principles embedded in provincial insurance legislation and the standard form policies used throughout the country. The Insurance Act of Ontario, the Insurance Act of Alberta, the Insurance Act of British Columbia, and equivalent statutes in other common law provinces all establish the fundamental requirement that an insured must disclose material changes in risk during the policy period. Construction and renovation work almost universally constitutes such a material change. In Quebec, the Civil Code of Quebec governs insurance contracts and similarly requires the insured to promptly notify the insurer of any change that increases the risks stipulated in the policy, as set out in articles 2408 through 2413 of that code as of the date of authorship. The rationale underlying these disclosure requirements is straightforward from an underwriting perspective: the hazards present during active construction differ markedly from those present in a completed, occupied structure. Open flame work, temporary electrical systems, increased theft exposure from unsecured openings, and the presence of combustible materials all elevate the risk beyond what the original premium contemplated.

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