How long does a BC builders' lien stay on title?
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Direct answer
A builders lien in BC has to be enforced within one year of the date it was filed, or it comes off title on its own. Enforcing means both starting a court action and registering a certificate of pending litigation, inside that year. The owner can also serve a notice under section 33(2) of the Builders Lien Act, SBC 1997, c. 45, that cuts the year down to 21 days. The lien itself can be filed up to 45 days after a certificate of completion is issued, or where none is issued, 45 days after the head contract is completed, abandoned or terminated. 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 an accountant and a lawyer should both read any assignment before you sign it.
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.
Verified sources (1)· re-verified 2026-08-02Click 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 2026-08-02Builders Lien Act, SBC 1997, c. 45https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/97045_01
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