SAT penalty for Fremantle builder – Craig Dickson Bailey

  • Several areas of renovation work deviated from building permit approved plans
  • Balustrade safety barrier not installed, creating a fall risk
  • Penalty includes $5,000 fine and compulsory construction management course

A Fremantle builder has been fined $5,000 and ordered to do additional training after carrying out unauthorised home building work and failing to install a verandah safety barrier.

The State Administrative Tribunal (SAT) issued the order to Craig Dickson Bailey (BC/BP7811) in June following disciplinary allegations by Building and Energy.

According to agreed facts following the SAT proceedings, Mr Bailey was contracted in 2013 to carry out alterations and additions to a house in Fremantle.

The Town of East Fremantle issued a building permit based on certified building plans, but several aspects of Mr Bailey’s work deviated from these plans without prior approval.

The unauthorised work included a rear pergola’s conversion into a verandah, modified underfloor joists, inadequately secured verandah posts and rafters, and changes to the number and location of the rear verandah steps.

The agreed facts also reveal that Mr Bailey did not install a rear balustrade safety barrier, despite this work being specified in the contract. This created a fall risk for occupants of the house.

Mr Bailey was found to have been negligent in connection with the performance of a building service, which is a disciplinary matter under WA’s builder registration laws.

In mitigation, Building and Energy accepted that the constructed building had since been certified as compliant and Mr Bailey had not faced any other disciplinary action in his 33 years as a registered builder.

In addition to the $5,000 fine, the SAT ordered Mr Bailey to complete a unit of study on managing construction work, within a year.

Building and Energy Executive Director Saj Abdoolakhan said it was unacceptable for builders to disregard building permits and safety requirements.

“Unauthorised or incorrect work undermines the building approval process, which is ultimately about public safety,” he said.

“Registration as a builder comes with responsibility. The community expects the industry to deliver safe buildings, which must involve following proper processes and working to high standards.”

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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 dmirs.wa.gov.au/buildersearch

Building and Energy
Media release
26 Jul 2022

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