How long does a BC builders' lien stay on title?
Direct answer
A BC builders' lien filed under the Builders Lien Act (SBC 1997, c. 45) must be commenced (an action filed in court) within 1 year of filing OR within 1 year of the substantial completion of the head contract — whichever is later — or it expires automatically and ceases to encumber title. The lien itself can be filed up to 45 days after the date of the certificate of substantial completion (or 45 days after the head contract terminates). The 1-year action-filing deadline is strict: an unfiled lien beyond that date is a defect on title that can typically be cleared via a Section 24 application. Critically for buyers: a property under construction or with recent renovations can be encumbered by a lien filed AFTER the buyer's offer but BEFORE registration of the buyer's title. The standard BC practitioner protection is a 10% statutory holdback (Section 4) plus a builders' lien title search at the conveyancer's pre-completion title check. New-construction buyers should specifically confirm with their lawyer that no liens are pending and that the developer is providing a Section 23 certificate of substantial completion. For new-build assignments, the lien risk transfers to the assignee and is one reason CPA + lawyer review of any assignment is non-negotiable.
Primary sources
- Builders Lien Act, SBC 1997, c. 45 · BC Government · retrieved
Backed by Fact Bank entries
- BC Builders Lien Act overview — The Builders Lien Act (SBC 1997, c.

