Enforcement Action: Compliance OrderIssue Date: August 22, 2018
Karl Heinz Breitlauch (“K. Breitlauch”) and Jan-Sebastian Breitlauch (“J. Breitlauch”) (together, “the Breitlauches”), 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 Horsefly, BC (the “New Home”), in, or around, 2013, 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 August 22, 2018, BCH issued Compliance Order 18-0065 to the Breitlauches directing that the Breitlauches:
- prior to resuming construction on the New Home:
- 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 built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if K. Breitlauch or J. Breitlauch meets the eligibility requirements, either K. Breitlauch or J. Breitlauch 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 Homeowner Protection Act Regulation (the “Regulations”); and
- until such time as the New Home is in compliance with the Act and Regulations, any sale of the New Home, or actual transfer of title of the Property by the Breitlauches, 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.
The Breitlauches were directed to comply with Compliance Order 18-0065 by October 5, 2018.