Builder fined for misleading information and deviating from plans – Ian Robert Jack

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A former builder has been fined $2,500 by the Building Services Board (BSB) for not following approved plans and understating the contract value of a project in Dianella.

Ian Robert Jack – formerly of Quinns Rocks and now living interstate – was a registered building practitioner and building contractor (BP101026 / BC100827, since expired) in 2016 when he signed a $243,000 contract to construct a major extension of a two-storey home, involving 10 additional rooms.

The BSB heard that Mr Jack falsely stated the value of the building work was $170,000 on applications for home indemnity insurance and a building permit.

After the extension was completed in 2017, the City of Stirling discovered that the work had deviated from the approved plans in several areas.

Although a games room, playroom and theatre were on the plans, Mr Jack had built two separate units with bedrooms, bathrooms and kitchens. The City of Stirling also found non-compliant windows and stairs, as well as an unauthorised attic fit-out.

At its November 2018 meeting, the BSB found Mr Jack breached the Building Services (Registration) Act 2011 due to his negligent conduct when he built contrary to the approved plans, and by misleading the City of Stirling and the home indemnity insurer when he understated the contract value.

Mr Jack voluntarily surrendered his building registrations in September.

The recent BSB penalty is separate from legal action brought by the City of Stirling in relation to the same property, which resulted in Mr Jack being fined $20,000. The BSB took this significant previous penalty into consideration when issuing its fine.

“Building proposals go through a thorough approval process for good reason – deviation from approved plans can have serious consequences if the applicable building codes and standards are not met,” Building Commissioner Saj Khan said.

“This case also serves as a reminder that the BSB can take action against building service providers even if their registration is no longer current.”

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Building and Energy
Media release
12 Dec 2018

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