Building Regulation and Inspection: A Refresher

Local governments in British Columbia are empowered to enforce the 2024 BC Building Code (the “Code”). While they are not required to do so, many municipalities choose to adopt building bylaws and inspection regimes to regulate construction within their jurisdictions. By assuming this responsibility, municipalities may potentially expose themselves to liability where their actions—or inactions—in the permitting or inspection process fall below the standard of reasonable care. British Columbia courts have sometimes decided that municipal building inspectors owe a duty of care to both property owners and subsequent purchasers once a municipality elects to regulate construction under a building bylaw. Courts have confirmed that the purpose of regulating building construction is to protect the health and safety of building inhabitants by providing an independent review of the sufficiency of construction undertaken by builders who might otherwise intentionally cut corners to save cost or time, or who are unaware of mistakes in their work. If extant, exposure to liability can be significant and defects in construction often remain latent for many years, surfacing only after ownership has changed hands. When such defects are discovered, municipalities may face claims that their inspectors negligently approved, or failed to prevent, non-compliant construction. This paper examines the statutory framework governing municipal building regulation and enforcement in BC, the leading jurisprudence on negligence in building regulation regimes, and defences to limit or negate liability. It concludes with practical guidance for municipalities to minimize liability exposure while maintaining effective oversight of building activity within their jurisdictions.

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