Builder fined for granny flat work

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Pearsall builder David Allan Russell (reg. BC7560 & BP7560) has been fined $4,000 by the Building Services Board for negligent conduct following a disciplinary proceeding under the Building Services (Registration) Act 2011.

The Board found Mr Russell was negligent in constructing a granny flat at a South Lake property between mid-January 2014 and late April 2014 without a building permit, which is an offence under the Building Act 2011.

The conduct was brought to the Building Commission’s attention through a complaint by the City of Cockburn in May 2015. Compliance officers from the City provided photographs of the completed work taken during an inspection of the site in August 2014.

Retrospective approval for the building work was obtained by Mr Russell in June 2015.

In determining the penalty to be imposed, the Board took into consideration Mr Russell’s cooperation with Building Commission investigators and his assurance that he would comply with the building laws in the future.

Mr Russell had recently ceased working for a big building company and this was one of his first projects as a self-employed builder.

Building Commissioner Peter Gow said it was the responsibility of anyone who carried out building work to be aware of their obligations under the building laws.

“Mr Russell’s experience in the industry suggests he would have been aware of his obligation to obtain a building permit before he constructed the granny flat,” Mr Gow said.

“It is important that builders meet their responsibilities in respect to building permits for safety reasons – it is the person named as the builder on the permit who is responsible for ensuring that the building is completed in accordance with the plans and specifications and complies with the applicable building standards.

“The Building Commission will continue to hold to account and name those who put consumer interests and the reputation of the building industry at risk.”


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Building and Energy
Media release
24 Nov 2015

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