Builders Lien (BC Builders Lien Act)
Also known as: Builders' Lien Act · Construction Lien · BC Builders Lien · Mechanics Lien
A statutory charge under the BC Builders Lien Act (SBC 1997, c. 45) that contractors, sub-trades, workers, and material suppliers can register against a property's title for unpaid work, with a 45-day filing window and a 10% holdback requirement.
A builder's lien is a charge registered in the BC Land Title Office for unpaid construction work or materials. It must be filed within 45 days of substantial completion (or abandonment) of the head contract — or 45 days from a certifier's certificate of completion where one is issued. The Act also requires owners and head contractors to retain a 10% statutory holdback from each progress payment and hold it for 55 days after substantial completion before releasing it.
The trap most BC buyers and sellers walk into: a lien on title is a deal-killer at closing. The buyer's lawyer cannot register the transfer until title is clean, which usually means paying the lien out of sale proceeds or posting cash security to vacate it — even when the seller disputes the underlying invoice. If you are selling a recently renovated home, retain at least 10% of every contractor invoice yourself and do not release the holdback until the 55-day window has elapsed. If you are buying a newly built or recently renovated home, ask your lawyer to run a title search close to the completion date — liens registered after offer acceptance are common.
Related terms
- Material Latent Defect — A property defect that renders the property dangerous, uninhabitable, unfit for purpose, or non-compliant with bylaws/permits AND would not be apparent on reasonable inspection — disclosure is statutorily required and cannot be waived.
- Property Disclosure Statement — A BCREA standard form completed by the seller disclosing known facts about the property to the buyer's knowledge.
- Home Buyer Rescission Period — A statutory 3-business-day cooling-off period during which a buyer of BC residential real property may rescind an accepted offer, subject to a 0.
See also
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@misc{bronsonjob-bc_builders_lien_act_overview,
author = {Job, Bronson},
title = {{BC Builders Lien Act overview}},
howpublished = {BC Real Estate Codex},
year = {2026},
url = {https://www.bronsonjob.com/codex#bc.builders_lien_act.overview},
urldate = {2026-05-09},
note = {Fact ID: bc.builders_lien_act.overview, version 1.}
}Job, B. (2026). BC Builders Lien Act overview. *BC Real Estate Codex*. Retrieved 2026-05-09, from https://www.bronsonjob.com/codex#bc.builders_lien_act.overview
BC Builders Lien Act overview — Bronson Job, BC Real Estate Codex (2026-05-09). https://www.bronsonjob.com/codex#bc.builders_lien_act.overview
Fact id: bc.builders_lien_act.overview · v1 · machine-readable: /api/v1/facts/by-id/bc.builders_lien_act.overview.json
Verified sources (2)Click to expand
Every claim on this page is sourced to a primary government, regulator, or industry-association URL. We re-verify quarterly; the verification dates below show when each source was last confirmed against the live government page.
- BC Governmentretrieved 2026-05-09Builders Lien Act, SBC 1997, c. 45https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/97045_01
- BC Governmentretrieved 2026-05-09Builders liens — Province of British Columbiahttps://www2.gov.bc.ca/gov/content/employment-business/business/managing-a-business/permits-licences/businesses-incorporated-companies/builders-liens
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