British Columbia Order in Council — Order under Home Owner Protection Effective August 1, 2000: B (O.C. 864/2000)

O.C. 864/2000

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 864 , Approved and Ordered JUN -- 9 2000 SIP Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective August 1, 2000, B.C. Reg. 29/99, the Homeowner Protection Act Regula- tion, is amended as set out in the Appendix to this order. Prels fMa\rember of the Executive Council (-\ - -q Minis r of Social Deve ent and E. onomic Se ity (This

part is for administrative purposes only and is not part of the Order.) Authority. nid Act and section:- Other (specify):- which Order is made: Homeowner Protection Act, ss. 21 and 32 (Dlb 13*Icl May 25, 2000 745/2000/13

Appendix 1 B.C. Reg. 29/99, the Homeowner Protection Act Regulation, is amended by adding the following section: Disclosure required from persons exempted from

section 22 (1) and (3) of the Act 18.1

(1) In this

section "prospective purchaser" means a person who makes an offer to purchase a new home; "home" means a home described in

section 21 of the regulation, that is (

a) offered for sale during the home's construction, or (

b) since the completion of the home's construction, offered for sale for initial occupancy by a purchaser or by a tenant of the purchaser; "Notice" means the Notice of Warranty Disclosure in

Schedule 5 of this regulation.

(2) If a vendor of a home receives an offer to purchase the home from a prospective purchaser or makes an offer to sell the home to a person, the vendor must provide to the prospective purchaser or person, prior to accepting the offer to purchase or making the offer to sell, as the case may be, (

a) a completed and signed Notice, and (

b) a copy of any warranty coverage applicable to the home. (3) Subsections (1) and (2) do not apply to owner builders or persons subject to

section 22 (1) or (3) of the Act with respect to the home.

(4) This

section and

Schedule 5 of this regulation are repealed effective August 1, 2003. 2

Section 20 is amended by striking out "18 (1) or" and substituting "18 (1), 18.1 (2) or" . 3

Section 21 is repealed and the following substituted: 21 The Act and this regulation, except to the extent necessary for

section 18.1 of this regulation to apply, do not apply to a home that is under construction or constructed (

a) under a building permit applied for on or before June 30, 1999, or (

b) if the construction of the home did not require a building permit, beginning on or before June 30, 1999. 4 The attached

Schedule 5 is enacted. 1 of 1

SCHEDULE 5 NOTICE OF HOME WARRANTY (NOTICE) Although the Homeowner Protection Act requires specific new home warranties, some homes offered for sale today were built under permits applied for prior to the law coming into effect. These homes are not required to carry a warranty, although some do. You should be aware, however, that these older warranties may not give you as much protection as those that meet the new standards under the Homeowner Protection Act.

The purpose of this Notice is to provide disclosure, by the vendor to the purchaser of a new home, concerning the extent of home warranty coverage applicable to a new home constructed under a building permit applied for prior to July 1, 1999, or for which construction was begun prior to July 1, 1999, in areas where no building permit is required. A vendor must provide to a purchaser a completed and signed copy of this Notice and any documentation of warranty coverage on the home prior to accepting an offer to purchase, or making an offer to sell, the new home.

This disclosure is to occur for any sale of the home during its construction and for the initial sale of the home for occupancy after completion of its construction. A Property Description — New Home to be Purchased Civic address Property identification number (PID) Residential builder Address Contact information B Warranty Coverage (check appropriate part) ❑ Home warranty coverage provided by a third party as described in

Part C below ❑ Residential builder warranty coverage as described in

Part C below ❑ No warranty coverage ❑ Other (please describe - attach additional sheets if necessary): 1 of 2

C Terms of Home Warranty Coverage (if applicable, describe coverage, and attach and list documentation of warranty coverage) Home has home warranty insurance coverage equivalent to that required under

section 22 (2) of the Homeowner Protection Act and

section 192 of the Insurance Act (N ❑ Y ❑ and expiry date ) Materials and labour warranty (N ❑ Y ❑ and expiry date Water penetration warranty (N ❑ YO and expiry date Structural warranty (N ❑ Y ❑ and expiry date Common property warranty (N ❑ Y ❑ and expiry date Commencement date of warranty (if applicable also list the commencement date of the common property warranty ) Exclusions from warranty coverage - list below all documentation attached (attach additional sheets if necessary)

I) Name/Address of Warranty Insurer (if any) Name Address Telephone Acknowledgments and Signatures The vendor named below covenants that the home warranty coverage indicated on the Notice is described accurately. The vendor also acknowledges that he or she is aware of the offence provisions of the Homeower Protection Act and Regulations with respect to the provision of this Notice. Vendor(

s) Name(

s) Address(

s) Signature (

s) Date page 2 of 2

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 864/2000
Type	order_in_council
Volume / chapter	arc oic 0864 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	4f93dcb8a424610bba2533871bfc35968e77ebec

Source file is stored in the law ingest library (pdf).