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Offences Under the Homeowner Protection Act

We may issue compliance orders and monetary penalties for non-compliance with various provisions in the Homeowner Protection Act.

Report a violation

 

Offences include:

  • Building without a licence
  • Falsely claiming to be a licensed residential builder
  • Supplying false information on license applications, applications for owner builder authorization or Owner Builder Disclosure Notices
  • Building a new home that is not covered by home warranty insurance or an applicable exemption, such as an Owner Builder Authorization
  • Performing building envelope renovation, applicable to the regulations, without arranging for home warranty insurance
  • Failing to provide an Owner Builder Disclosure Notice to prospective purchasers before entering into a contract of purchase and sale of an owner-built home
  • Selling a new home that is not covered by home warranty insurance when required
  • Offering to sell or selling an owner-built home while the home is under construction or within 12 months from obtaining an occupancy permit
  • Failing to disclose the home warranty insurance commencement date for the common area when selling a unit in a multi-unit building
  • Failing to pay fees
  • Failing to comply with a compliance order or a monetary penalty
  • Obstructing the Registrar or compliance officer in exercising their enforcement duties

As a builder, you can be personally liable for your actions when the licensee is convicted of an offence under the Act and the homeowner incurs financial losses that are the direct result of the offence, and those losses are not recoverable under the mandatory home warranty insurance policy.

More resources

For more information about Owner Builder Authorizations and builder involvement in projects, consult our regulatory bulletin, What Builders Need to Know About Owner Builder Projects. To learn more about the legal implications of renovating or reconstructing homes, read our regulatory bulletin, Substantially Reconstructed Homes and the Homeowner Protection Act.

Or browse our series of Compliance Case Studies to gain insights from real-life compliance examples.