Builder Conduct: What We Can Investigate

Under the Homeowner Protection Act, all residential builders in BC must be licensed and ensure new homes have home warranty insurance, unless exempt by Regulation. BC Housing’s Licensing and Consumer Services team is responsible for enforcing these rules.

If you have a concern about a builder, it’s important to know that BC Housing can only investigate certain types of issues. This page outlines what we can investigate and provides guidance on where to report other concerns.

What BC Housing Can Investigate

Violations of the Homeowner Protection Act and its regulations

Our Compliance and Enforcement team investigates breaches of the Act and Regulations. We can investigate if a builder is:

  • Building or selling a new home without a valid licence or applicable exemption
  • Failing to provide mandatory home warranty insurance
  • Not complying with licensing conditions
  • Falsely claiming to be a licensed residential builder
  • Providing false information on a licence application
  • Selling a new home without home warranty insurance, when required
  • Failing to comply with a compliance order or monetary penalty issued under the Act

For a complete list of offenses including those related to owner builders — visit the Offenses page on BC Housing’s website. To report a possible violation of the Homeowner Protection Act, visit our Report a Violation page.

Consumer Protection Provision: Assessing Builder Conduct

Under Section 4.05 of the Homeowner Protection Act Regulations (the Consumer Protection Provision), BC Housing can assess reports of serious builder misconduct. This applies when a builder – or someone in control of the company – has been legally found to have engaged in actions that could put homebuyers at risk.

The Registrar may refuse to issue or renew a residential builder licence if the applicant has:

  • Been subject to a legal judgment, conviction, or monetary penalty under one of 10 specific pieces of legislation in the past 5 years
  • Been convicted of fraud in the past 10 years.
  • Been found by a court to have broken a contract with a homebuyer.

This provision helps protect future homebuyers by ensuring that builders with a history of serious misconduct are not licensed to build new homes in BC.

Learn more about how BC Housing assesses builder history under the Consumer Protection Provision, including the types of legal issues that may affect licensing decisions. Visit the Consumer Protection Provision page.

What BC Housing Cannot Investigate

There are limits to what BC Housing can investigate or assist with under the Homeowner Protection Act.

We cannot:

  • Provide legal advice or act as a mediator in disputes
  • Offer compensation or financial remedies
  • Conduct inspections or validate construction defects
  • Make decisions on warranty claims or resolve claim disputes
  • Investigate complaints about renovators or trades who are not licensed residential builders
  • Enforce building code compliance or construction quality standards
  • Review issues related to permits, trespassing, or worksite safety
  • Investigate criminal matters or tenancy disputes

For guidance on these concerns, see the FAQs below. 

Frequently Asked Questions

What if I’m having a contractual dispute with my builder?

BC Housing cannot resolve private contractual disputes. We may consider a case under the Consumer Protection Provision if:

  • A court has found a builder in material breach of contract with a homebuyer, or
  • The builder has been convicted of fraud within the past 10 years

For private disputes, speak with a lawyer or legal professional.

Learn more:

What if I don’t think my builder is qualified?

BC Housing verifies that general contractors meet minimum qualification requirements for licensing, which include:

We do not assess qualifications beyond these criteria, such as construction quality, craftmanship, or whether a builder is the right fit for your specific project.

For practical guidance on selecting a builder and understanding what to look for beyond licensing, see the 
Hiring A Builder In BC: A Consumer Protection Guide

 

What if my new home has defects and my builder isn’t fixing them?

Most new homes in BC are covered by home warranty insurance provided by third-party insurers. While builders arrange the warranty and may perform repairs, the insurance company that issued the policy is ultimately responsible for coverage.

If your home is covered:

  • Review your warranty documents
  • Submit a written claim to both the warranty provider and the builder before coverage expires

If your home is not covered or the issue falls outside the warranty, consult a legal professional.

Learn more:

What if I disagree with a warranty claim decision?

BC Housing does not make decisions about warranty claims. If you disagree with a claim decision, visit our Warranty Claim Disputes page to learn what steps you can take.

What if I have concerns about construction quality or building code violations?

For building code issues, contact your municipality’s building department. They are responsible for inspections and code enforcement.

If your home is covered by home warranty insurance and the policy has started, check your warranty documents and file any claims for defects in writing with both the builder and the warranty provider before the coverage expires. Learn more: 
Home Warranty Insurance Claims

For concerns about construction quality during construction or issues not covered by warranty, you should speak with a legal professional. BC Housing cannot provide legal advice. Learn more: Options For Resolving Residential Construction Disputes
 

What if my builder committed fraud, theft, or assault?

BC Housing can only consider fraud under the Consumer Protection Provision if the builder has been convicted of a fraud-related offence within the past 10 years.

For current concerns:

  • Contact your local police
  • Seek legal advice

BC Housing cannot investigate criminal matters or provide legal advice.

Learn more: 

What if my builder doesn’t have permits, is violating bylaws or using unlicensed trades?

Report concerns to the appropriate authority:

  • Permits or bylaw violations: Contact your municipal or provincial permitting authority (e.g., city building department)
  • Certified trades (electrical, gas, plumbing, etc.): Technical Safety BC – Make a Complaint
  • Trespassing or property access issues: Contact your local police or seek advice from a legal professional
What if my builder not following worksite safety requirements

Worksite safety is regulated by WorkSafeBC. BC Housing may only investigate if a formal penalty has been issued under the Workers Compensation Act within the last five years.

For current concerns, contact WorkSafeBC directly: Raise an Issue or Complaint 
 

What happens if a builder damages a neighbouring property?

These issues are usually considered a private legal matter between the property owner and the builder or homeowner. 

You may consider:

  • Contacting the builder or neighbour directly to discuss repairs
  • Document the damage with photos and written records
  • Check your home insurance policy – it may include coverage for third-party damage or legal liability
  • Speak with a legal professional if the issue isn’t resolved
     
What if I have a tenancy dispute with my landlord or tenant?

BC Housing cannot investigate tenancy disputes under the Homeowner Protection Act..

For guidance, contact the Residential Tenancy Branch.

If you are a tenant living in a BC Housing–managed building, you may also find helpful information and supports on BC Housing’s Information for Tenants page.