Can a builders lien be filed on a BC home after I buy it?

What the answer means

The filing window runs after the work is finished, so a lien can be filed after a buyer's title search, and the Act's own limits on a buyer's exposure are why a buyer of a new or freshly renovated home holds back part of the price.

Who can file, and on what

A contractor, subcontractor or worker who does work or supplies material for an improvement has a lien, for what is still unpaid, on the owner's interest, the improvement, the land under it and the material delivered there (Builders Lien Act s. 2 (1)). An improvement is almost anything built, altered, repaired or added to the land, and clearing, excavating, drilling, filling or grading it (s. 1). Work done with the owner's knowledge, though not at their request, counts as requested unless the owner filed a notice of interest first (s. 3). Claims under $200 can't be filed (s. 17).

It goes on the title

A claim of lien is filed in the land title office in the prescribed form, and the registrar notes it on the title (s. 15). It takes effect from when the work began or the first material came, ahead of later judgments (s. 21). The registrar doesn't check whether it was filed in time (s. 20 (4)).

The 45 days

A claim must be filed within 45 days after a certificate of completion for that contract, or else within 45 days after the head contract, or the improvement where there is no head contractor, is completed, abandoned or terminated (s. 20). Completed means substantially done, not every last item (s. 1). A lien not filed in time is extinguished (s. 22).

The 10% holdback

Whoever pays a contractor or subcontractor must keep back 10% of the value of the work or of each payment, whichever is greater, until the holdback period ends 55 days after completion or the certificate of completion (ss. 4, 8). On a contract of $100,000 or more the owner puts it in a holdback account at a bank or credit union, run with the contractor (s. 5). Paid after the period, it clears the liens under that contractor unless one was filed in the meantime (s. 8 (4)).

A buyer's limit

For claims filed after the latest of the buyer's registration on title and the completion or abandonment of the work, what can be claimed against a good-faith buyer's interest is capped at 10% of the purchase price of the improvement (s. 35). That cap is why conveyancers commonly hold back 10% of the price of a new or newly renovated home until the time to file has passed (our reading of the practice).

Getting one off the title

The owner can pay into court the amount the Act allows, often the holdback, and the court orders the lien removed (s. 23); or give security the court accepts, which can be less than the claim (s. 24). A lien that has lapsed or been paid can be cancelled by the court or the registrar, and one that doesn't relate to the land or is frivolous, vexatious or an abuse of process by the court (s. 25). A claimant must start an action and register a certificate of pending litigation within a year of filing, or within 21 days of the owner's notice to do so, or the lien is extinguished (s. 33).

What it means for a buyer

Liens are a risk on homes built or renovated in the months before the sale: a lien already filed shows on the title search and is dealt with before completion, and one filed afterwards is what the holdback covers. On an older home with no recent work, there's nothing to hold back for (our reading).

Our summary of the Builders Lien Act (SBC 1997, c. 45, ss. 1 to 5, 8, 15, 17, 20 to 25, 33, 35), read on BC Laws 2026-10-19. When the work was completed, and so when the 45 days end, is a question of fact; your lawyer or notary is the final word on the holdback for your purchase.

Source: Builders Lien Act, SBC 1997, c. 45 (summarised in our words, read 2026-10-19).

Before you buy: who to ask

The seller or their agent

What work was done on the home in the last six months, when was it finished, and has every contractor and supplier been paid in full? Was a certificate of completion issued?

Your lawyer or notary

Is a claim of lien on the title now, will you hold back part of the price for the 45 days, and when will you release it?

The builder, on a new home

Is a holdback account open for the contract, and when does the holdback period end?

Look up the lot above: its report links the official records to search, the title among them.

See also what title insurance covers, new home warranty, unpermitted work, official records and covenants on a title.