Builder fined for unauthorised work at own home – Riviera Homes Pty Ltd and John Phillip Italiano

  • Mount Lawley house mostly demolished despite requirement to keep key parts
  • Significant new building work did not comply with building permit or plans
  • The building contractor’s nominated supervisor is also the home owner

The Building Services Board has issued $8,000 in fines after unauthorised demolition and building work was carried out at a builder’s own heritage-protected Mount Lawley house.

The Board found Riviera Homes WA Pty Ltd (BC12050) breached WA’s builder registration laws by engaging in negligent conduct, while the company’s nominated supervisor, John Phillip Italiano (BP62114), failed to properly manage and supervise a building service.

According to information presented to the Board, the City of Stirling lodged a disciplinary complaint with Building and Energy following concerns about work at Mr Italiano’s three-storey home.

The City had issued planning approval and building permits to Riviera Homes WA for specific renovations that would also comply with Mount Lawley’s property character and heritage protections.

The approval required sections of the original house to be retained, including the roof structure, front façade, a verandah and particular walls. However, site inspections and other evidence later revealed most of the original building was demolished, with only the slab and part of the front façade kept.

Riviera Homes WA also carried out building work that did not comply with the building permit or approved plans. The unauthorised work included a below-ground swimming pool, a loft, a different upper-level roof frame and design, new areas added to the floor plan and changes to walls, windows and stairwells.

The Board issued $4,000 fines each to Riviera Homes WA and Mr Italiano in relation to their conduct as registered building service providers.

Discussions between the City and Riviera Homes WA in relation to planning and building approvals are understood to be ongoing.

Building and Energy Executive Director Saj Abdoolakhan said disregard for building approval processes was unacceptable.

“Building compliance is ultimately about safety,” he said.

“Failure to follow proper processes can result in faulty or hazardous buildings, which may also affect the amenity of neighbours and the wider community.

“Registered building contractors and their nominated supervisors are well aware of the rules and regulations, so there is no excuse for carrying out any unauthorised or improperly managed work.”


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Building and Energy
Media release
08 Dec 2022

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