City of Surrey has decided to hit homeowners who unlawfully construct units on their property a different way, so rather than to force them to demolish the structures, they are now putting legal notices on the title of the property to make it harder for the owner to sell the property or earn big profits from their illegal construction. This is a huge problem in Surrey’s Indo-Canadian community where illegal construction is rampant with numerous homeowners already ordered by the courts to demolish their illegally constructed units. To set an example, Surrey Council has directed staff to file a notice on title to the property at 7686 – 125 Street, where the owner has illegally constructed and occupied the buildings without permits and in violation of the City’s Building Bylaw. A notice on title under Section 57 of the Community Charter is a legal measure used by a city to inform the public, including potential purchasers, about unauthorized structures on a property that were built without the necessary building permits or inspections.

By PD Raj – Senior Reporter DESIBUZZCanada

SURREY – City of Surrey has decided to hit homeowners who unlawfully construct units on their property a different way, so rather than to force them to demolish the structures, they are now putting legal notices on the title of the property to make it harder for the owners to sell the property or earn big profits from their illegal construction. 

This is a huge problem in Surrey’s Indo-Canadian community where illegal construction is rampant with numerous homeowners already ordered by the courts to demolish their illegally constructed units.

To set an example, Surrey Council has directed staff to file a notice on title to the property at 7686 – 125 Street, where the owner has illegally constructed and occupied the buildings without permits and in violation of the City’s Building Bylaw.

“City Council is sending a clear message that there is zero tolerance for illegal construction in Surrey,” said Mayor Brenda Locke. “Illegal construction not only poses serious safety risks, but also erodes the integrity of building regulations. The legal measures we have taken will protect neighborhoods, future homeowners and uphold the standards that make Surrey a safe and vibrant place to live for all. I would like to thank the Illegal Construction Enforcement Team for their diligent efforts in this critical work.”

The notice on title is a result of a Special Council Meeting on July 24, 2024, where Surrey City Council voted unanimously in favour of filing the notice on title to the property. The notice will alert potential buyers, lenders, and insurers about the illegal construction and the potential risks associated with the property.

A notice on title under Section 57 of the Community Charter is a legal measure used by a city to inform the public, including potential purchasers, about unauthorized structures on a property that were built without the necessary building permits or inspections. It serves several purposes, including:

Encouraging Compliance: It encourages owners to bring their property into compliance with the City’s Building Bylaw, to ensure homes are built to the minimum health and safety requirements. The legislation provides that the notice will be removed once compliance is achieved.

Transparency and Awareness: It acts as a warning about unauthorized structures, protecting prospective buyers and informing the public.

Enforcement and Accountability: It emphasizes the City’s commitment to enforcing its Building Bylaw by holding property owners accountable for illegal construction activities.

 The City of Surrey’s Illegal Construction Enforcement Team, established in 2022, is dedicated to enforcing the City’s bylaws and targeting residential construction that is done without permits, inspections, or compliance with safety standards. The City of Surrey has also increased fines for illegal building activities and sought compliance through court action.

To file a complaint about construction you suspect has been done without permits, email bylawcomplaint@surrey.ca or call 604-591-4370. Complaints can also be submitted online through the Report a Problem application.

Previously, a number of Indo-Canadian homeowners in Surrey  who converted a single-family house into four rental suites without a permit were ordered by the courts to demolish the recent addition they built, leaving their tenants to find new homes. 

The City of Surrey petitioned B.C. Supreme Court to bring the building in the Newton neighbourhood, owned by Sukhdev Singh and Kashmir Singh Sahota, into compliance with building and zoning bylaws, according to a recent judgment.

The owners had previously been found in contempt of court and fined $6,000 after ignoring an injunction issued in April 2022 ordering them to stop renting out a secondary suite in the main part of the house and two separate rental units in a new addition they built at the back of the property.

“The owners ignored the tickets issued to them and their workers, and ignored the stop-work orders,” Judge Anita Chan said in her judgment. “The owners ignored the interlocutory injunction, and even after they were found in contempt and fined, they still continued in their quest to rent out the illegal suites.”

The conversion of the building, in the 6000-block of 133A St., was first brought to a city bylaw officer’s attention after the city received a complaint two years ago, the judgment said.

In another case, a B.C. Supreme Court judge ordered a couple to demolish their Surrey house extension and laneway structure he said they constructed without regard to laws or regulations. The City of Surrey petitioned the court for their demolition and removal, in the 8000-block of 148th Street.

Owners Jagmohan Singh Sidhu and Gagandeep Kaur Sidhu admitted that the structures offended city bylaws both in the manner in which they were constructed and their size and location on the property.

However, they argued that given the housing crisis in the Lower Mainland, ordering demolition and removal is wasteful and too drastic a remedy.

They asked for the opportunity to retroactively legalize the infractions so that the structures can continue to be rented to tenants.

However, the Judge rejected the married couple’s arguments.

He said they “built the structures in flagrant violation of the city’s bylaws in where the structures are located; by grossly exceeding the square footage allowed on the property; and by not obtaining any permits or inspections during construction.”

He said because Sidhu is a realtor and had obtained permits for initial building construction, he should have been aware of the bylaws.

The City first confirmed the presence of unpermitted construction on Nov. 15, 2021. City officials went to the property several times and letters were sent. Stop work notices were subsequently posted.

The City of Surrey has successfully taken legal action against six property owners who have illegally constructed buildings without permits, and in many cases have occupied the structures without permits and violated the BC Building Code. In all court cases, the building structures were ordered demolished.

“Building without proper permits is not only illegal but extremely reckless as it endangers the builders, occupants and neighbours,” said Mayor Brenda Locke. “The Illegal Construction Enforcement Team was put into place in 2022 to ensure construction projects comply with BC building safety codes and zoning regulations. The City of Surrey will continue to enforce its bylaws to the full extent whenever necessary. Property owners who engage in illegal construction should be aware that they may face legal action, demolition costs, and insurance problems.”

The following are brief summaries of the cases:

Case 6 – Two property owners built an extension and laneway house that violated lot coverage, density, and setback restrictions. The structures were constructed without any building permits or requisite inspections and despite a stop work notice posted by the City. A court decision was made on Oct. 24, 2023 ordering the structures be demolished within 60 days of the City issuing a permit for demolition.

Case 5 – The property owners built an addition to their home and added a secondary suite without permits. The court order prohibited occupancy or use of the addition and secondary suite.  The owners subsequently breached the court order and found them in contempt and ordered the owners to pay a fine totalling $6,000, plus a contingent fine of $13,000, and pay the City’s legal costs.  A new hearing was set and heard on October 18, 2023 and the owners were ordered to demolish the home additions built without permits. 

Case 4 – The property owners built an addition to their existing home without a permit. The property owner agreed to a consent order that required them to demolish the addition by December 16, 2022.

Case 3 – A property owner-built structures without permits, dumped fill on their land, and damaged trees. The court ordered them to vacate all the structures, demolish them within 90 days, remove the fill, and plant 16 new trees. The court order was issued on June 24, 2022.

Case 2 – A property owner added a second storey to their existing home without a permit and occupied the addition. The court ordered them to stop the occupancy, apply for a demolition permit within 30 days, and demolish the addition within 60 days after getting the permit. The court decision was made on July 18, 2023.

Case 1 – A number of property owners built a detached building on their land without permits and allowed someone to live in the building. The court ordered them to stop the occupancy, apply for a demolition permit within 15 days, and demolish the structures within 60 days after getting the permit. The court decision was made on July 11, 2023.