Builder fined for unauthorised heritage hotel work

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Builder Russell John Clarke (reg. S504) has been ordered by the State Administrative Tribunal to pay fines of $5,000 and costs of $700 for carrying out unauthorised building work on a heritage hotel in Kalgoorlie in May 2011.

In proceedings initiated by the Building Services Board and finalised on 16 June 2014, Mr Clarke was found to have been negligent under the repealed Builders’ Registration Act 1939 by carrying out building work that was outside the scope of his registration.

The work involved the replacement of the two-storey commercial building’s roof for a value of approximately $35,000 and was contrary to a condition on Mr Clarke’s registration which limited him to carrying out single-storey residential building work.

Mr Clarke also failed to obtain a building licence from the City of Kalgoorlie-Boulder despite being advised by the local council that one would be required, in part because of the building’s heritage status.

“In most parts of Western Australia, carrying out building work valued over $20,000 requires a registration,” Building Commissioner Peter Gow said.

“In considering an application for registration, the Building Services Board may place conditions on a builder’s registration that limit the type of work they are entitled to carry out. These conditions typically exist because the person possesses the skills and qualifications necessary to carry out some, but not all, types of building work.

“The building laws are in place to protect both the building’s owner and persons undertaking the work. The Building Commission will continue to take action and against and name those who break the law and put consumer interests and the reputation of the building industry at risk.”

You can check a builder’s registration on the Building Commission website at For more information on builders’ responsibilities and the relevant laws, visit the Building Commission website at, or contact 1300 489 099 or


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Building and Energy
Media release
08 Jul 2014

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