Zorawer Singh Sandhar (“Z. Sandhar”) constructed a new home in Surrey, B.C. (the “New Home”), between the period of, or about, January 13, 2016, and June 27, 2018. Although Z. Sandhar has been a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) (39940) since March 31, 2015, and obtained a commitment from an approved home warranty insurer on April 1, 2015, to provide home warranty insurance (“HWI”) on the New Home as required by the Homeowner Protection Act (the “Act”) and the Homeowner Protection Act Regulation (the “Regulations”), the New Home was de-enrolled from HWI coverage by the home warranty insurer on July 29, 2016, contrary to section 22(1) of the Act. On August 17, 2018, BCH issued Compliance Order 18-0064 to Z. Sandhar and Balbir Kaur Sandhar (“B. Sandhar”)(together, “the Sandhars”) directing that the Sandhars:
- register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
- provide BCH Compliance Department with proof that the New Home has been built by a BCH LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if the Sandhars meet the eligibility requirements, either Z. Sandhar or B. Sandhar may apply for, and be issued, an Owner Builder Authorization for the New Home on the property (the “Property”) pursuant to section 20(1) of the Act and section 4.1(2) of the Regulations; and
- Until such time as the New Home is in compliance with the Act and Regulations, any offer to sell the New Home, or actual transfer of title of the Property by the Sandhars, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home has been granted by the BCH Registrar under section 22(1.2) of the Act.
The Sandhars were directed to comply with Compliance Order 18-0064 by September 28, 2018.