Enforcement Action: Compliance OrderIssue Date: April 16, 2018
Baljinder Biling (“B. Biling”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built a new home in Burnaby, B.C. (the “New Home”), during the period of, or about, December 3, 2015, and May 3, 2017, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On April 16, 2018, BCH issued Compliance Order 18-0022 to B. Biling directing that B. Biling:
- 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 home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act;
- provide BCH Compliance Department with proof that the New Home was built by a LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; or
- if B. Biling meets the eligibility requirements, B. Biling may apply for, and be issued, an Owner Builder Authorization for the New Home pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation (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 New Home by B. Biling, 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 Registrar under section 22(1.2) of the Act.
B. Biling was directed to comply with Compliance Order 18-0022 by May 18, 2018. Complied.