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Claim of Builders Lien

Last modified on April 07, 2024


PREPARING THE APPLICATION

To file a Claim of Builders Lien application, you will be asked for the following information.

1.1 Parcel identifier (PID): You can find the PID by searching the property's address on BC Assessment.
1.2 Claim and Claimant Details: The application must include the claimant and their name and address, the basis of claim, who owes the money, how much is owing and an address for service where the claimant can receive any subsequent documents about their claim.
1.3 BC Services Card App for Online Submission: The BC Services Card app is used to verify the identity of the applicant and to sign the online application. The applicant may be the lien claimant or an agent acting on behalf of the lien claimant. Learn how to log in with the BC Services Card app. If you don't have the BC Services Card app on your mobile device, you need to set it up first.
1.4 Permission if Filing on Behalf of Someone: If you are applying on behalf of a lien claimant, you are acting as an agent and must have the permission of that person.

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HOW TO SUBMIT

2.1 You can submit the application online, by mail or in person.
2.2 Submitting online often results in faster registration, and the application may be registered in two business days.
2.3

Submitting by mail and in person may take 10 to 15 business days to process and register.

Submission Options
Submission Options
2.4 If you choose to submit the form online, you must use your BC Services Card to login and access the form. The LTSA uses the BC Services Card to verify the identity of the applicant and sign the online application.
2.5 If you choose to submit the application by mail or in person, you must fill out the application online and then download, print and sign it with a pen and deliver by mail or by appointment to a land title office in New Westminster, Victoria or Kamloops.

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APPLICANT

3.1

Enter the name and mailing address of the applicant. The applicant is the person who is submitting the Claim of Builders Lien application.

Applicant Information
Applicant Information
3.2

For online applications, the name, mailing address and email address (if known) from the BC Services Card is prefilled in the applicant information. The name cannot be changed but the other information can be updated if needed.

Contact Information
3.3 Complete the email address (if not prefilled by the BC Services Card) and phone number of the applicant. If there is an issue with the application, the LTSA may contact the applicant by email or phone number
3.4 If the applicant submits the application online using their BC Services card, all communication related to the Land Title Office processing of the application (e.g. tracking numbers, pending application numbers) is sent to the email address listed in the contact information.
3.5 For privacy reasons, the contact information is not listed in the applicant section of the completed application. The contact information is only used to administer the application and is not disclosed in the land title register.
3.6

If submitting by mail or in person, the contact information will be listed on a separate page to the application download. Include this separate page with the application when you submit to the land title office.

Claim of Builders Lien Application Page 2 Contact Info
Claim of Builders Lien Application Page 2 Contact Info

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CLAIMANT

4.1

Select the claimant type and enter the full name and address of the claimant. The claimant is the person or corporation to whom the money is owed. This application can be used for claimant(s) who are individuals or corporations.

Select info about the claimant
Select info about the claimant
Select info about the claimant
Select info about the claimant
Corporate Lien Claimant and Address
Corporate Lien Claimant and Address
Claimant is a  person acting for themself
Claimant is a  person acting for themself
Agent acting for claimant
Agent acting for claimant
4.2 A city, town, or village by itself is not a sufficient postal address. The address must contain a street or route number, post office box number, or general delivery designation as required by Canada Post. In all cases, the postal address must include a postal code.
4.3

Optionally, in the case of a corporation you may enter an incorporation number or a "Doing Business As" name if the corporation operates the business under a different name.

Information about the claimant
Information about the claimant
4.4

If you are unsure if the claimant is a corporation, you can search Orgbook BC to verify if the claimant is a corporation and to find the incorporation number.

Find a Corporation
Find a Corporation
4.5

In cases where the claimant is a corporation or you are applying to make this claim for another person, the system will prefill the agent name and address information from the previously entered applicant information and you can change the name and address if needed. An agent is someone acting on behalf of the claimant.

Agent of Claimant Name and Address

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DESCRIPTION OF LAND

5.1

Enter one or more nine-digit parcel identifiers (PID) to identify the properties associated with the Claim of Builders Lien application. When you click “Add to List”, the system will find and enter the legal description of the property. The PID and legal description identifies the location of the improvement that resulted in the claim of builders lien. A street address is not acceptable

Nine-digit parcel identifier number
Nine-digit parcel identifier number
Parcel identifier and legal description
Parcel identifier and legal description
5.2 The maximum number of PIDs that can be entered per form is 100. If you have a claim of builders lien with more than 100 PIDs, you will need to file with a legal professional or in paper form with a schedule of PIDs attached.
5.3

If you don't know the PID, you can find a property's PID by searching the address or plan number on the BC Assessment website. You can find the PID to the right of the Property information.

Parcel identifier on BC Assessment
Parcel identifier on BC Assessment
5.4

In the case of a claim of builders lien over the common property of a strata property, enter the PID and legal description for each strata lot in the strata plan. There is no separate title to the common property. Rather, title is shared by owners of the strata lots and the claim must identify each strata lot. For example, if you wish to file a lien for work completed in the hallways (common area) of a building with 8 units, you must enter a PID for each of the l 8 units.

Claim over common property lists each strata lot in the plan
Claim over common property lists each strata lot in the plan
5.5 In the case of a claim of builders lien against multiple titles, enter the PIDs and legal descriptions where the lien claimant provided material or services under a single contract for a development covering numerous parcels of land (e.g. rowhouse development over separate parcels of land). In this circumstance, section 16 of the Builders Lien Act permits the lien claimant to file a single lien against each parcel of land included in the contract.

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CLAIM DETAILS

6.1

Complete a description of the work performed or provided or materials supplied or any combination of work and materials.

It's important to set out a detailed description of the work or materials supplied to prevent delays in registration.

Describe the work or material
Describe the work or material
6.2

Complete the name of the person or business who owe money to the claimant for the work or material supplied. This is the person in default of payment and generally, the person or company who hired or contracted with the lien claimant.

Name of person or business who owe money
Name of person or business who owe money
6.3

Complete the amount of claim. A claim cannot be less than $200.

Amount of claim
Amount of claim
6.4

Complete the date when payment was or will become due.

Owing date
Owing date
6.5 A claim of lien cannot be filed against land owned by the Federal Crown, Federal Crown Agency, BC Hydro and Power Authority and the Vancouver International Airport Authority.

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ADDRESS FOR SERVICE

7.1

The claimant must provide a complete mailing address where notices about their claim of builders lien may be mailed or delivered to them.

20 Claimant's address for service
Claimant's address for service
7.2

When preparing the application, the system will prefill the claimant's address from information provided in the Claimant Section of the application. Optionally, you can copy the address from the agent or applicant sections of the application.

Claimant's copy address for service
Claimant's copy address for service
7.3 Do not enter the address where the work was done or material supplied.

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PROOF OF REGISTRATION

8.1

If you would like proof of registration, you can order a State of Title Certificate, which will be mailed to you after the Claim of Builders Lien application is registered. The certificate will show the Claim of Builders Lien on title.

Order proof of registration
Order proof of registration

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Review

9.1

After completing the data entry fields, you can review and edit the information about the Claim of Builders Lien application. If you need to make a change, click the Edit button to access the information you wish to change.

Review and edit the application
Review and edit the application
Review and edit the application
Review and edit the application

The applicant must confirm their understanding of the document and certify their capacity before submitting the application.

Certification by applicant
Certification by applicant

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FEES

10.1

If you are submitting the application online, enter the payment method and billing information.

Online payment method
Online payment method
Online payment
Online payment
10.2

If you submit the application by mail or in person, review the order summary for the application before submitting.

Order summary page
Order summary page

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DOWNLOAD AND SUBMIT THE APPLICATION

11.1 If you choose to submit online, the application will be sent electronically to the land title office. Your tracking number, a copy of the application and, once assigned for review, a pending application number will be sent to the email address entered in the form.
11.2 If you choose to submit the application by mail or in person, you must download the completed application and sign and date it with a pen in black or blue ink. You can then mail it to the New Westminster Land Title Office or contact the LTSA Customer Service Centre to make an appointment to deliver it in person to a land title office in New Westminster, Victoria or Kamloops.
11.3 Include a stamped self-addressed envelope with your mailed application to receive a copy of the application with the pending application number.
11.4

To avoid having your application returned to you:

  • Sign the application with a blue or black pen.
  • Print single-sided. The back side of the form must be blank.
  • Do not use white-out or correction fluid.
Signed paper form for mail or in person applications
Signed paper form for mail or in person applications
Claim of lien separate page contact info
Claim of lien separate page contact info
11.5 After the application is submitted to the land title office, the LTSA will review it to determine if it meets legal requirements. If the application doesn't meet legal requirements, you will be contacted with an explanation of the problem via Canada Post mail or, if the application was submitted online, via email.

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AFTER A CLAIM OF BUILDERS LIEN IS FILED

12.1 The application will be assigned a date, time and a pending application number when it is ready to be reviewed for legal requirements.
12.2 Applications submitted online using the BC Services Card app will receive an automated email when the application is accepted by the LTSA. The email will include a copy of the application with its assigned date, time and a pending application number.
12.3 If you are submitting the application in person, you will receive a copy of the application with the pending numbers at your appointment. If you are submitting by mail, include a self-addressed stamped envelope with your mailed application to receive a copy of the application stamped with the pending numbers.
12.4 In cases where you no longer want to file the application, you can withdraw the application before registration. Once an application is withdrawn it cannot be reinstated. Online applications can be withdrawn by a link included in the automated acceptance email. For applications submitted in person or by mail, you will need to contact the LTSA Customer Support about submitting a withdraw request.
12.5 If the application doesn’t meet legal requirements, you will be notified of the problem and how to fix it by email for applications submitted online or Canada Post mail for applications submitted by mail or in person.

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AFTER A CLAIM OF BUILDERS LIEN IS REGISTERED

13.1 If you submit online with the BC Services Card app, you will be notified by email when your application is registered. Registration often occurs in 2 business days.
13.2 If you ordered a State of Title Certificate with the online application, it will be delivered to you by email after the application is registered.
13.3 If you submit by mail or in person and you’d like to be notified of registration, you must purchase a State of Title Certificate. Include a cheque in Canadian funds for $16.25 payable for each parcel (PID) to: Land Title and Survey Authority of British Columbia.
13.4 Registering a Claim of Builders Lien does not guarantee payment. The lien claimant is responsible for informing the property owner of the lien, and for enforcing the lien if payment or settlement is not made.
13.5 Once a lien is registered, it remains on title for one year.
13.6 If payment or settlement is not made after a claim of lien is registered, a lien claimant can begin enforcement action in the BC Supreme Court.
13.7 To enforce a claim of lien, claimants are required to register a Certificate of Pending Litigation (Form 31, Land Title Act) in the BC Supreme Court. Initiating such an action is a highly technical procedure. Legal advice is recommended for this procedure.
13.8 If a Supreme Court action to enforce a lien is not started within one year, a title owner may apply to the LTSA to have the lien cancelled. This involves completing a Form 17 under the Land Title Act. In cases where payment is received or a settlement reached, a lien is cancelled by completing a Form C under the Land Title Act.

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