Halifax developer ordered to fix safety issues as tenants move belongings in to construction site

Tenants have begun to move their belongings in to a new 124-unit apartment building in Halifax while it is still under construction, prompting municipal officials to issue an order to comply for "several serious fire and life safety deficiencies."

The building at 5858 Macara St., called The Elevation, is owned by Halifax developer BANC Group. Construction workers in hard hats and reflective vests could be seen working on various parts of the building Wednesday, as tenants wearing no personal protective equipment carried in suitcases and boxes.

A spokesperson for the municipality said staff recently determined the site wasn't ready for final inspections. Since those have not been conducted, and no occupancy permit has been issued for the building, it has not been deemed safe for people to live there. 

The municipality received a complaint about the property on Sept. 21, and a building official went to investigate on Tuesday. 

"This is a serious situation," HRM spokesperson Brynn Budden wrote in an email Tuesday evening, adding that there were "several serious fire and life safety deficiencies, largely due to incomplete construction throughout the building."

She said that resulted in an order to comply related to occupying the building without the proper permit, "which is in contravention of the Building Code Act."

Budden said officials would return Wednesday for a follow-up inspection to ensure compliance. The municipality did not provide CBC News with an update after the second inspection, or a copy of the order to comply. 

Developer says leases haven't 'officially started'

A bike, books, a plant and patio furniture could be seen in at least two apartment windows and balconies Wednesday.

CBC News spoke to tenants outside the building who said they're moving their belongings in now, but their lease starts Oct. 1.

Alex Halef, president and CEO of BANC Group, confirmed this by saying tenants are moving in their belongings "in anticipation of moving in," and their leases "haven't even officially started."

"The rest of HRM's work with us is standard business as usual in getting work done and paperwork in their hands for occupancy," Halef wrote in an email to CBC News. 

Halef said a failed inspection is "not unheard of," and that they point out what needs to be done to get a building ready. 

"Some are obvious and we know about them, but sometimes you'll get a curveball thrown your way," he wrote.  

What we know about The Elevation

BANC Group's website says The Elevation is pre-leasing for Nov. 1. The property is described as 19 floors with 124 "luxurious" suites and 8,300 square feet of commercial space on the ground floor.

It lists amenities such as a green roof, a guest suite and a fitness centre.

A building permit was issued by HRM in June 2020. BANC Group's construction management plan anticipated the project would take approximately three years and be finished in March 2023.

The company lists 11 commercial properties, three residential properties and three "upcoming" residential properties, including the Macara Street building.

Halef has previously been under scrutiny by HRM for leaving the former Bloomfield school in a "collapsing" and "unsafe" state, but reached an undisclosed agreement with the municipality last fall.