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Surrey court orders demolition of illegal home construction

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B.C. Supreme Court building in Surrey where a judge ordered demolition of illegal home construction
The B.C. Supreme Court in Surrey, where a judge ruled that unpermitted residential additions must be demolished after repeated bylaw violations.
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A B.C. Supreme Court judge has ordered a Surrey couple to demolish multiple unpermitted additions to their home, siding with the City of Surrey after years of bylaw enforcement efforts and stop-work orders.

In a decision released this month, the court ruled that Manjit Kaur Randhawa and Davinder Singh Randhawa must remove unauthorized structures at their property on 79 Avenue, finding there was no reasonable prospect of retroactive approval for the construction.

The case stems from a complaint received by the City of Surrey in December 2021 alleging illegal building activity at the residence. Subsequent inspections by city staff revealed several unpermitted additions, including an accessory building containing living space, a bedroom and a bathroom, as well as an extended deck, stairs and a canopy.

City records show that multiple site visits were conducted over the following years, along with compliance and stop-work orders. By June 2024, inspectors determined the structures remained largely unchanged and that key construction elements had been concealed, preventing proper inspection.

In court filings, the city argued that the stage of construction made it impossible to issue building permits and that demolition was the only viable remedy to bring the property into compliance with municipal bylaws.

The homeowners objected to much of the city’s evidence, arguing it relied on hearsay and opinion. Ms. Randhawa also submitted that her limited understanding of English affected her ability to fully comprehend the compliance orders issued by the city.

The judge rejected those arguments, noting the orders were clear and unequivocal. The court also found that members of the household were available to assist with understanding the written notices and that language barriers did not excuse non-compliance with municipal bylaws.

Under the ruling, the homeowners have 15 days from the date of the order to apply for demolition permits and remove the unauthorized accessory building, deck, stairs, canopy and dwelling units. The property must then be restored to a condition that complies with Surrey’s building regulations.

The decision comes as the City of Surrey continues to intensify enforcement against illegal residential construction. In 2022, the city established an Illegal Construction Enforcement Team to address unpermitted builds, citing concerns related to safety, zoning compliance and neighbourhood impacts.

City officials have repeatedly warned that construction without permits can pose serious risks and may result in costly legal action, fines or demolition orders.

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