Bathroom business faces fines – WA Bathrooms and Tiling Pty Ltd, trading as WA Bathrooms

A Perth bathroom renovation company and two of its officers have been fined $5,000 under WA’s building laws in relation to work at homes in Kalamunda and Gwelup.

WA Bathrooms and Tiling Pty Ltd (trading as WA Bathrooms), formerly based in Osborne Park, was convicted in Perth Magistrates Court last month of four charges brought by the Building Commissioner.

The company’s director and general manager, both from the Swan Valley, pleaded guilty to the same charges as individuals.

The court heard that the company, which is not a registered building contractor, entered into a contract to provide a $28,000 bathroom renovation at the Kalamunda property.

Under the Building Services (Registration) Act 2011, building work valued at more than $20,000 and requiring a building permit must be contracted and carried out by a registered building contractor.

The company and its officers also breached the Home Building Contracts Act 1991 by conducting the Kalamunda renovation without a policy of home indemnity insurance.

At the Gwelup property, WA Bathrooms and Tiling entered into two contracts, valued at approximately $14,000 each, to renovate a bathroom and an ensuite.

In response to workmanship concerns raised by the home owner, the Building Commission (now Building and Energy) issued a building remedy order to the company, which breached the Building Services (Complaint Resolution and Administration) Act 2011 by failing to rectify the issues as required.

The court imposed a global fine of $3,000 on WA Bathrooms and Tiling, and $1,000 each on the individuals, as well as costs totalling more than $1,500. The director and general manager were granted spent conviction orders.

During sentencing, the court noted that the company had paid $16,000 to settle with the Kalamunda owner and more than $5,000 in compensation to the Gwelup owner.

Building Commissioner Ken Bowron said the penalty sent a clear message about the importance of registration and protection of consumers.

“Registration is not only a legal requirement for prescribed building work, it also ensures the builder has appropriate qualifications and is likely to have the necessary skills,” Mr Bowron said.

“It appears that a lack of awareness of the statutory requirements was a factor in this case. However, anyone participating in a regulated industry is responsible for finding out about the relevant laws and complying with them.

“I would also encourage home owners to check the Register of Builders, via www.dmirs.wa.gov.au, before selecting a builder or signing any building contract in excess of $20,000.”

Media contact – 0466 409 828 or bemedia@dmirs.wa.gov.au

Building Commission
Media release
05 Nov 2018

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