• Building Services Board issues $1,000 fine
• Boundary fence removed without neighbour’s awareness or consent
• Builders are reminded of their responsibilities

A Landsdale registered builder has been fined $1,000 for removing a rear boundary fence at a Balga site without notifying or obtaining consent from the neighbour, who was left without a back fence for several weeks.

The Building Services Board found that Tiberiu Laurentiu Diaconu (BC/BP12266) was negligent when he failed to obtain the consent required under WA’s building laws.

The Building Act 2011 states the builder must ensure a dividing fence is not removed unless each affected land owner is formally notified and consents using a BA20A form.  

Information presented to the Board showed that during construction of three residential units at the Balga site in October 2020, the elderly female owner of the rear neighbouring property returned home to find her boundary fence removed with no temporary fencing installed.

An investigation by Building and Energy established Mr Diaconu failed to ensure any approval was obtained from the home owner before the fence was removed. The only notification she received was a text message from the site owner’s father.

A temporary barrier was installed 10 days after the fence was removed, but this was dismantled in mid-November. The home owner was without a fence for around seven weeks between October 2020 and January 2021, when a permanent fence was then erected.

Building and Energy Executive Director Saj Abdoolakhan said disregard for the integrity of the building approval process can put public safety and confidence at risk.

“Delegating relevant consents and notifications to the site owner is a failure to comply with responsibilities as a registered builder,” he said.

“In this case the lack of a boundary fence for an extended period of time presented privacy and security concerns, and could have resulted in injury or risk due to close proximity to construction works.” 

More information on builder responsibilities for work affecting neighbouring properties and adjoining land is available at: dmirs.wa.gov.au/building-and-energy/work-affecting-other-land

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Media contact: BEmedia@dmirs.wa.gov.au

Note: BC and BP numbers refer to registration as a building contractor or building practitioner. The registers of building service providers are available at commerce.wa.gov.au/buildersearch