Enforcement Action: Compliance OrderIssue Date: July 18, 2018
Robert Walter Reising, 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 Naramata, B.C. (the “New Home”), between the period of, or about, September 28, 2015, and July 18, 2018, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being covered by a policy of home warranty insurance (“HWI”). On July 18, 2018, BCH issued Compliance Order 18-0050 to Reisig directing that Reisig:
- Immediately cease all construction activities on the New Home at 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 to section 22 (1) of the Act;
- provide BCH Compliance Department with proof that the New Home is being, or has been, built by a BCH LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- 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 a 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 Reisig, 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.
Reising was directed to comply with Compliance Order 18-0050 by August 31, 2018.