Little accountability when BC builders make mistakes
When cranes fall down or construction forces neighbouring buildings to evacuate, many fingers point at the cities that are responsible for approving and inspecting that work.
Kelowna has had its share of incidents but like every other city, doesn’t take on liability for construction projects and the process for holding builders accountable is complicated.
The city’s enforcement of provincial building codes is limited to building inspections, permits and reliance on third party experts.
“If the developer or contractor is out of line with anything in the building permit or development permit, staff will follow up with whoever is responsible and advise them to comply. If they do not, a building permit can be revoked,” the city said in an email, responding to questions.
When it comes to situations like the University of British Columbia Okanagan’s downtown tower project that damaged surrounding buildings, the city relies on third party expertise.
READ MORE: UBCO’s engineering report on downtown building came with warnings
“The City of Kelowna, like all local governments, relies on the expertise of subject matter experts without getting involved in things like inspections or any earth work methodology,” the city said.
In the university's downtown tower debacle, tenants had to file lawsuits hoping to prove who is responsible.
The city has no hand in high rise construction site security either, so it stays out of incidents like the recent crane tower climber who ended up 20 storeys high in downtown Kelowna.
“Site security is the responsibility of the property owner. Overall accountability for a project is built into the development permit the City approves for construction projects, governing timelines, building code compliance, adherence to zoning and design along with things like engineering certifications,” the city said.
Municipalities have very little to do with penalizing developers, the most they can do is pull a permit.
READ MORE: Man broke into Kelowna construction site, climbed crane
The executive officer for the Canadian Home Builders’ Association of Central Okanagan, Cassidy deVeer, said permits are rarely pulled due to a failed inspection.
“I can think of one single family home that I know of, but I don't think it's very common,” she said.
If someone has an issue with a new building they can file a complaint through BC Housing, which could revoke a builder’s license after an investigation.
She said the main protection homeowners have against faulty construction is their home warranty.
“It's a misconception that everyone thinks the city's inspecting it, so the city's gonna make sure absolutely every screw is put in properly, and that's not the case. So the home warranty is there,” she said.
Home warranty providers will investigate a property owner’s claim, fix any mistakes, and then bill the builder.
Construction mistakes are one thing, but in the case of a Penticton man who lived next to a construction site that damaged his home, he could complain to BC Housing or take the developer to court.
READ MORE: Home builder in Penticton insists on non-disclosure agreement before repairing damage
Construction is heavily regulated and although there are situations where the onus is on a property owner or tenant to sue a builder, deVeer said the system works as is.
“I don't think that the number of projects that go awry compared to the number of homes we build is close. We are in such a housing deficit that it would be hard to put more things in place that would then slow down construction,” she said.
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