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BCFSA’s information is clear, concise, easy-to-read explanations of the requirements for real estate professionals under the Real Estate Services Act (“RESA”), Real Estate Services Regulation (“Regulation’), Real Estate Serices Rules (‘Rules’), and other applicable legislation.
This information is intended for use by real estate professionals, to support their understanding of the standards they must meet in the delivery of real estate services.
(a) Electrical Inspection Approval Label
In British Columbia, a manufactured home must have an approval mark affixed by either an accredited certification or inspection body to verify that the home meets electrical safety standards. A list of accredited inspection bodies is provided on the Technical Safety BC website. The most common approval marks found in manufactured homes are Silver Labels provided by Technical Safety BC or CSA (Canada Standards Association) stickers. These are typically affixed to the electrical panel of the manufactured home and may appear next to the manufactured home registration sticker. It is important to understand that Technical Safety BC or CSA stickers relate solely to the electrical components of a manufactured home, while a manufactured home registration sticker identifies that the home has be registered with the proper organizations.
A manufactured home in B.C. cannot be sold or advertised for sale without the electrical inspection sticker. You must ensure that the sticker is present before agreeing to list a manufactured home for sale. If your client indicates that the sticker was lost, deteriorated and fell off, or even if the home was built before the inspection labels were required, you must advise them of the need for an inspection and the application of a new label. You cannot act for a seller if they are not willing to have an inspection done.
(b) Altered Electrical Wiring
Older manufactured homes often need upgrades to their electrical panels. This may be because they require additional power, or simply because the wiring is old and has become a safety hazard. If all wiring alterations were done with appropriate permits, then the inspection label remains valid. If, however, work was done without permits, a new inspection by an accredited inspection body must be done and a new approval label must be affixed to the home before it can be listed for sale.
For that reason, before listing any manufactured home, even if the electrical inspection sticker is present, you must ask the seller if there have been any alterations to the electrical wiring. Without verifying this information, you cannot know if the Silver Label or CSA sticker is valid.
(c) Manufactured Homes Registry
All manufactured homes in British Columbia must be registered with the Manufactured Homes Registry before they can be sold. Owners can, in some cases, apply for an exemption from registration under the Manufactured Home Act. This exemption can be applied where the manufactured home is attached to and is being sold with the land. There are exemptions that can be found in the Manufactured Home Regulations and consumers should consult them if they are unsure whether their manufactured home needs to be registered. To be sold, deregistered homes must have the appropriate Silver Label or CSA electrical inspection sticker.
Land Title Offices have what is commonly called “Instant Registration”. However, registration in the Manufactured Homes Registry normally takes between two and three days.
Buyers of manufactured homes may be required to place money in trust with their conveyancer three or more days in advance of the completion date due to the length of time it can take to register the home.
(a) Assigning and Subletting Manufactured Home Pad Tenancy Agreements
The Manufactured Home Park Tenancy Regulation sets out an orderly process for assigning and subletting manufactured home pad tenancy agreements. The regulation clarifies the meaning of assignment and sublet.
Key features of the Regulation are:
- A process and form for homeowners to use when requesting the park owner’s consent to assign to a purchaser or sublet to a subtenant;
- A process and form for park owners to respond to a request;
- Park owners have up to 10 days to consider a request;
- The park owner’s consent will be deemed if the homeowner does not receive the response within 10 days; and
- The park owner may only withhold consent for one of the permitted grounds set out in the regulation.
When a homeowner assigns a lease to the buyer of the home, the tenancy agreement continues on the same terms, including the rent, as existed before the assignment. The buyer becomes the tenant of the park owner and takes on the rights and responsibilities arising under the Manufactured Home Park Tenancy Act and the tenancy agreement.
When a homeowner sublets, the homeowner becomes the landlord to the subtenant, but the homeowner also continues to be the tenant of the park owner and continues to be responsible for the rent and other terms of the tenancy agreement during the subtenancy.
In addition to the Regulation, the Manufactured Home Park Tenancy Act allows arbitrators to order an assignment or sublet if the park owner withheld consent unreasonably or arbitrarily or for a reason not permitted by the Regulation.
The request for consent to assign and request for consent to sublet forms are available from the Residential Tenancy Branch.