This article appeared in the Kamloops Daily News on April 5th, 2011 and was written by Robert Koopmans. There are many things to keep in mind when renovating your home in Kamloops. This article explains two prevalent issues that I often come across (outstanding permits and liens) and can easily be prevented.
When it comes to building or renovating a home, not many people think legal counsel needs to be part of the construction team.
That’s often a mistake, say two local lawyers, as there are many statutes governing differing aspects of the construction industry — failure to be aware of them can prove costly.
Hal Hicks and Sam Dabner, both associate lawyers at Fulton and Company in Kamloops, spoke to a crowd at the Canadian Home Builders Association’s annual home show Saturday, giving people a sense of the kinds of situations when they need to be aware of the law, and when they need to consult a lawyer.
Dabner said one of the big areas people often run into trouble is with permits.
The City requires building permits be sought for all kinds of new construction, as well as renovations that alter the structure of the home.
Any changes to houses that alter internal systems — plumbing and electrical, for example, or modify walls, rooms or the layout — will inevitably require a building permit. It’s possible finished work will also need to be inspected.
As an example of how stringent the permit process really is — Hicks recently obtained a permit in order to install a new dishwasher in his house.
The reason for permits? The City wants to ensure that houses in Kamloops are safe and conform with B.C.’s building codes.
“It’s good public policy,” said Dabner.
And what happens if you don’t get one? Dabner said the City can issue stop-work orders on projects, even if they are already underway. People can also be told they must return their house or structure to its condition before the work began. If work is done without a permit, homeowners can see their insurance affected. Real estate sales documents require owners to declare improvements done without a permit.
The easiest way to avoid problems with the City — ask quetions, said Dabner. There is no need to call a lawyer. Call City Hall. The building department is always prepared to help people sort out when or if they need a permit.
Another area of home ownership that frequently sees people in need of legal help is when they hire contractors or others to do improvements.
The renovation market has been growing by leaps and bounds in recent years and inevitably, not everyone is happy with the work done, its cost or how long it took to get it done.
In these kinds of situations, contracts rule supreme, both lawyers agreed. There is big value in written contracts, as long as the contract is well understood by both parties. People must be careful what they sign to ensure they are not giving away avenues of recourse should something go wrong.
Unfortunately, much work in homes — especially lower cosy renovations — are often done with nothing more than a verbal agreement. At the least, people should always get a written quote specifying how much a job will cost and how long it will last, Dabner said.
If a dispute arises involving sums less than $25,000, small-claims court can prove a worthwhile option. The court is designed with unrepresented litigants in mind. Most cases are settled long before trial, when parties meet with judges in settlement conferences.
“If someone’s (claim) is way off base, the judge will usually tell you you are not likely to win or are going to lose,” Dabner said.
There is one last area of the construction industry many homeowners are not aware about, an area that bears great potential to cause grief.
B.C.’s Lien Act is designed to protect contractors or suppliers from doing work or providing materials and not getting paid. The act allows people who are owed money for work or materials to place a lien on a property’s title.
Liens can cause homeowners problems, by preventing them from taking measures that involve changes to title — the sale of property being the most common.
Hicks said the most common scenario that affects homeowners is when they hire a contractor to do work but that contractor fails to pay his sub-contractors or suppliers.
A lien is placed on title by those who are owed money by the contractor, Hicks said, and the homeowner is stuck, unable to clear their title until the debt is paid.
The remedy? Holdback. The act allows homeowners to withhold 10 per cent of a final bill for a maximum of 55 days, in order to protect against the possibility of seeing titles locked by lien.
In such cases, holdback money can be diverted to unpaid sub-contractors and suppliers. Keeping holdback on the bill protects homeowners from paying twice for the same work, or seeing their titles locked up in protracted disputes between other parties.
The bottom line — homeowners who are ignorant of the laws that govern the construction industry run the risk of bearing costs or other down the road. When in doubt, ask a lawyer, both agreed. The cost of seeking advice early will always be more cost-effective than hiring a lawyer to sort through problems after the fact.
Aberdeen Estates @ 1055 Aberdeen Drive. This luxury award winning townhouse development has large open units, high end finishings and 2 car garages. Located on the corner of Aberdeen Drive and Pacific Way, Aberdeen Estates is steps to transportation and close to many amenities. Pets are allowed.
Fairway Gardens @ 2290 Garymede Drive. This townhouse strata is designated a 19+ strata. The units are bungalow style homes. Each home has a 2 car garage, deck and private yard. Pets are allowed with restrictions. This complex is close to the Aberdeen Golf Links and Aberdeen amenities.
Highland Gate @ 2365 Abbeyglen Way. This adult oriented townhouse development consists of executive style town homes with 3 levels of living space. All units have 2 car garages and 3 or more bedrooms. These townhouses are a two-storey design with bedrooms above the main floor living. Pets are allowed.
Ravenwood @ 2022 Pacific Way. This adult oriented townhouse development has two car garages, and living space on two floors. Most units are bungalow style with a full basement. Pets and rentals are allowed.
Van Horne Terrace @ 2020 Van Horne Drive. This adult only gated development has detached homes on small, low maintenance lots. There are both bungalows and basement entry style homes with two car garages.
Sierra Vista Estates @ 2080 Pacific Way. This adult oriented bare land strata development is located close to transportation and shopping. Each unit in this strata is detached home typically with a two car garage and small yard space.
Gateway Estates @ 7545 Dallas Drive. This modular or mobile home development has an adult only area. Each home has it’s own great features and range in size from a single to a double wide.
Brigadoon: 1750 Pacific Way. This gated adult oriented community is steps from restaurants and shopping. Units typically have two bedrooms on the main floor and are bungalow style homes. Each unit has a two car enclosed garage. Pets are allowed in this complex. 
Hillside Lofts @ 1390 Hillside Drive. These executive style condominium units are equipped with underground parking, granite counter tops, open concept living and admittance intercom. Centrally located and seconds from shopping and transportation. Rentals are allowed.
Juniper Court @ 2526 Nechako Drive. This adult oriented complex is located in the beautiful area known as Juniper Heights or Juniper Ridge. These units have valley and river views. Pets are allowed in this complex.
1951 Lodgepole Drive. This is an adult oriented bare land strata with detached homes. Each home has a small private yard, single car garage and extra parking. Most homes are 2 bedrooms without basements.
Bonavista Estates @ 1580 Springhill Drive. This adult oriented development has bungalow style homes with two car garages and over 1,000 square feet of living space on the main floor. One pet allowed and no rentals.
Crestview Heights @ 1575 Springhill Drive. This is an adult oriented bare land strata development. Units have two car garages, are detached units and have full basements. Small pets are allowed.
Loma Bella & Terra Vista @ 875 Sahali Terrace. This adult oriented development has high end, executive townhouses ranging in size from two to three bedrooms. Rentals and pets are allowed.
Pine Ridge Estates @ 1795 Summit Drive. This is a 16+ adult oriented townhouse development. Homes have a single car garage, private patios over 2,000 square feet of living space. These homes are multi-level, two storey homes. Pets are allowed.
Sahali Estates @ 137 McGill Road. This adult oriented strata development had units ranging in size from two to three bedrooms. Some of the units in this building have amazing river and valley views. There is a tennis court, RV parking, community garden and pets are allowed.
Wedgewoods @ 1555 Summit Drive. Adult 12+ complex. Each unit is a two storey design with a basement and covered parking for one vehicle. Wedgewoods is minutes from all amenities. Pets allowed and no rentals.
Arbutus Estates @ 15 & 45 Hudsons Bay Trail. This gated adult oriented development consists of executive townhouses ranging in size from 2 to 4 bedrooms with beautiful views. There is an outdoor pool, exercise centre, clubhouse and recreation facility. Homes have 2 or 3 car garages. Pets are allowed.
The Dorchester @ 370 Battle Street. Luxury living in the Downtown core. Geothermal heating and cooling, Heated tile, granite counter tops and 9 foot ceilings. Secure underground parking with extra parking.
Elm Tree Place @ 423 1st Avenue. This is an adult oriented 12 unit townhouse development. Lots of privacy in a great location within walking distance of the downtown amenities, transportation, shopping and many professional offices.
Executive Manor @ 1089 McMurdo Drive. This is a 16+ complex located close to the Sagebrush Theatre in South Kamloops. Units have in-suite laundry and open parking. There are no pets or rentals allowed.
Monarch Place @ 683Victoria Street. This adult oriented building has an elevator, secure parking, storage locker and an admittance intercom. The units range in size from one to two bedrooms and have in suite laundry.
Nicola Towers @ 525 Nicola Street. This is an adult oriented building located close to many amenities. There is secure underground parking, an elevator and admittance intercom. This is a concrete building. Rentals are allowed.
Park Place @ 900, 950 & 970 Lorne Street. Adult oriented building with indoor pool, hot tub and exercise room. There are both condominium units ranging in size and multi-level town houses with two car garages. There is secure underground parking.
Plaza Suites @ 490 Lorne Street. These units are adult oriented condos. There is an admittance intercom, underground secure parking and an elevator. Located close to Riverside Park and downtown amenities.
Plaza Suites @ the Station @ 510 Lorne Street. This adult oriented condominium development is located close to riverside park, shopping and restaurants. There is secure parking, storage lockers and an elevator. Many units have beautiful river views.
Victoria Landing @ 619 Victoria Street. This adult oriented building is a concrete condominium with units ranging in size from one bedroom to a much larger two bedroom unit. There is secure underground parking, elevator and admittance intercom.
Wellington Place @ 1085 12th Avenue. This is an adult oriented building with an indoor pool, sauna, games room and elevator. Many condos have in-suite laundry and underground secure parking.
Meadowlark Terrace @ 1651 Valleyview Drive. This is an adult oriented bare land strata development. There is an indoor pool, meeting room and RV parking. Each home in this development is detached and is on a low maintenance lot.