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To file a Claim of Builders Lien application, you will be asked for the following information.
|Parcel identifier (PID): You can find the PID by searching the property's address on BC Assessment.
|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.
|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.
|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.
|You can submit the application online, by mail or in person.
|Submitting online often results in faster registration, and the application may be registered in two business days.
Submitting by mail and in person may take 10 to 15 business days to process and register.
|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.
|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.
Enter the name and mailing address of the applicant. The applicant is the person who is submitting the claim of builders lien application.
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.
|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
|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.
|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.
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.
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.
|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.
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.
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.
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.
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 lien. A street address is not acceptable.
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.
In the case of a claim of 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 the PID for all 8 units.
|In the case of a claim of 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.
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.
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.
Complete the amount of claim. A claim cannot be less than $200.
Complete the date when payment was or will become due.
|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.
The claimant must provide a complete mailing address where notices about their claim of lien may be mailed or delivered to them.
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.
|Do not enter the address where the work was done or material supplied.
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.
After completing the data entry fields, you can review and edit the information about the claim of lien. If you need to make a change, click the Edit button to access the information you wish to change.
The applicant must confirm their understanding of the document and certify their capacity before submitting the application.
10.1. If you are submitting the application online, enter the payment method and billing information.
If you submit the application by mail or in person, review the order summary for the application before submitting.
|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.
|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.
|Include a stamped self-addressed envelope with your mailed application to receive a copy of the application with the pending application number.
To avoid having your application returned to you:
|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.
|Filing 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.
|Once a lien is filed, it remains on title for one year.
|If payment or settlement is not made after a claim of lien is filed, a lien claimant can begin enforcement action in the BC Supreme Court.
|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.
|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.