Be prepared to walk away from the home, other than that not much you can do other than plead your case. The builder has the cards in his favor. We do not know what the contract states but I would be certain it is in his favor as he does this for a living. Only you can decide if this is the hill you want to die on.

Not much info to go on but IMO without seeing the contract ,but you already made a change that IMO has now affected other elements like the windows.Does the other home have the same size lot ? I would need more info before saying much. I haven’t done business in Calagary for a while but found the City pretty easy to deal with as to code . Often the reason no windows added to a side of a home is a fire code if the houses are very close together so maybe try the fire dept.

Is there another house located in close proximity to yours?

If yes, that could be the reason why they didn't install the windows because in some cases an exterior wall can, and in some cases, only permitted to have a certain amount of openings in it, and in some not permitted to have any openings depending on the fire separation distance between 2 dwellings.

If that's not the case and if it has nothing to do with meeting certain code requirements, etc, you should get your windows, but as the millworkman said, "the cards are in his hands" all you can do is try to get them installed.

Good luck I hope it works out.

Tell him you're fine with the windows missing when you see how much money he's refunding for not having to put them in.

You cannot get the windows now. So what *can* you do?

You can accept the immutable and maybe try to get a concession from the builder.

You can also walk away.

"we told the builder and they said ..."

All communication should be in writing. If you talk to someone you should follow up with a confirmation email but not a text. If you reference anything you have seen, you should include dated photos.

I was once in a deposition and when I pulled out dated site photos the lawyers packed up and left. It always pays to document everything.

Good luck.

If energy efficiency compliance was based on the IRC / IECC Prescriptive Method (as shown in the insulation and fenestration component chart by climate zone), there would be no limit on the number of windows or area of glass.

If compliance was based on the Performance Method (using a computer program to allow trade-offs), there might be a limit for the total area of glass but it would not be a percentage. That information would be included in a Performance Method Compliance Report required to be filed with the building permit application which should be available to the public. However, it might be difficult to see that information these days if its not online. But the builder can show you the report.

I have never encountered a code that limits the amount of glass in a house but I have encountered windows to close to the neighbors not being allowed with code . I have lived i areas where houses are about 60% or more glass no issues.

The builder probably has a good reason why he wont do it. Its 2 windows for gods sakes, if he could do it, im sure he would.

if the city wont approve, its not his fault. It is what it is.

The limitation on windows for a new single-family house is self-imposed. In order to save money, a developer might use the "Performance Method" to meet the energy efficiency requirement which allows energy efficiency to be reduced for one component if increased for another. This usually saves money, especially if there are not a lot of windows. If that is the case, the developer might not be able to add windows for a particular house design.

As for the developer being willing to add windows if he can, I would not count on it. What the developer is interested in is finishing ASAP and moving on to the next project. Managers who can't stay on schedule won't last long.