Builder fined for non-compliant fence, patio and pool project

WA Department of Mines, Industry Regulation and Safety
  • Home owners left with defective, incomplete and unauthorised building work
  • No nominated supervisor or building permits for some of the work
  • $3,000 fine for breaches of WA’s builder registration laws
  • The Building Services Board has fined a Success building company $3,000 for carrying out unauthorised, defective and inadequately supervised work during an outdoor renovation project in Stirling.

    The Board found Oakwood Grove Pty Ltd (BC13170), trading as Manray Corporate Services, engaged in negligent conduct under WA’s builder registration laws by working without a building permit and failing to follow approved plans and applicable building standards.

    The company also failed to ensure adequate management and supervision of a building service because work was carried out without the involvement of a nominated supervisor.

    Information presented to the Board by Building and Energy showed the Stirling home owners engaged Oakwood Grove in November 2019 to undertake external building work valued at $92,850.

    The contract included demolishing an existing boundary fence, replacing it with a brick fence with infill panels, removing a pergola, building a brick patio with a roof and decking, removing a section of wall to install doors and constructing a glass pool fence.

    However, Oakwood Grove’s building permit application to the City of Stirling referred only to the masonry fence. The company carried out works on the patio and pool area without a building permit.

    An inspection by Building and Energy identified defects in the new boundary fence including incorrect heights and spacing, cracking due to a lack of proper wall ties and no metal rods to stabilise the piers as required by the approved plans.

    The new wall adjoined unapproved walls – with insufficient ties, causing them to separate – as well as a section of the original masonry wall, which was leaning dangerously and posed a significant risk of collapse.

    Building and Energy’s inspection also found there were no approved drawings for two patio piers or pool storage area walls beside the boundary wall.

    The investigation also revealed the company’s nominated supervisor was not involved with the project during most of the construction, which had contributed to the defective and unapproved work.

    Building and Energy’s Director of Building Compliance, Sandy Randall, said the company’s disregard for building approval processes was unacceptable.

    “Registered building contractors are well aware of the rules and regulations,” she said.

    “We will continue to take action against builders for unauthorised and unsupervised building work which, as this case shows, can result in faults and hazards.

    “This case has caused significant stress, inconvenience and additional costs for the home owners, who are dealing with incomplete and defective work that requires rectification and, in some cases, retrospective approval.”

    Home owners who experience faulty or unsatisfactory building services are able to lodge a complaint with Building and Energy, which can result in an official order for a builder to remedy building work.

    /Public Release. View in full here.