Kevin Roy Peters (“Peters”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced or caused to have commenced construction on a new home in Cache Creek, BC (the “New Home”), during the period of, or about, September 24, 2019, and October 24, 2020, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On September 29, 2021, BCH issued Compliance Order 21-0019 to Peters directing that Peters:
- Ensure all construction activities cease on the New Home until such time as the New Home is in compliance with the Act and the Homeowner Protection Act Regulation (the “Regulation”); and
- Provided that an approval has been granted by the Provincial Agricultural Land Commission to construct an additional detached dwelling unit – the New Home – on the property (the “Property”), immediately either:
- apply for and become a BCH LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider pursuant section 22(1) of the Act;
- provide BCH with proof that the New Home is being built by a BCH LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act;
- if Peters meets the eligibility requirements, Peters may apply for, and be issued, an Owner Builder Authorization for the New Home on the Property pursuant to section 20(1) of the Act and section 4.1(2) of the Regulation;
- arrange for a restrictive covenant to be registered on the title to the Property restricting the sale or other disposition of any dwelling unit on the Property for 10 years from the date of first occupancy of one of the dwelling units pursuant to section 2(2.1) of the Regulation; or
- alternatively, provide BCH with documentary confirmation that the New Home no longer meets the definition of a ‘new home’ as defined under the Act.
Peters was ordered to comply with Compliance Order 21-0019 by November 5, 2021.