Builder fined over damage to neighbour’s property

Osborne Park builder, Adam Bryce Thistlethwaite (reg. BP66814 & BC66814), trading as Starboard Side Construction Pty Ltd, has been fined by the State Administrative Tribunal (SAT) for engaging in negligent conduct that adversely affected a neighbouring property.

Mr Thistlethwaite was ordered to pay a fine of $4,500 and costs of $1,000 for the conduct, which occurred while he was carrying out a major excavation at a Scarborough property between April and May 2015. The excavation was part of demolition work valued at $10,300 to make way for the construction of two residential dwellings valued at $1 million.

Concerned that the excavation had damaged an adjoining property, the City of Stirling lodged a building service complaint with the Building Commission in May 2015.

Mr Thistlethwaite had obtained the required permits for the demolition and building work from the City of Stirling in December 2014 and April 2015 respectively.

However, the Building Commission found that the excavation and shoring work Mr Thistlethwaite carried out was contrary to the approved plans and did not satisfy the requirements of the Building Code of Australia or the Building Act 2011.

“The approved plans set out shoring details that were specific to the site and took into account important factors such as the adjoining site levels and the proposed undercroft floor levels,” Building Commissioner Peter Gow said.

“By failing to comply with the approved plans, Mr Thistlethwaite caused reduced stability and damage to the landscaping and paved area at the adjoining property. Had Mr Thistlethwaite’s work not been rectified, his actions may have also compromised the structural integrity of the neighbouring property and the new buildings he was constructing.

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


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Building and Energy
Media release
09 Nov 2016

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