Builder sees writing on the wall Dalgety Building Company Pty Ltd

The Building Services Board has fined a builder for negligent conduct after it carried out parts of a retaining wall project at an Applecross property without a building permit and encroached on neighbouring land without consent.

O’Connor-based Dalgety Building Company Pty Ltd (BC103481) was contracted in 2022 to undertake work including the replacement of a retaining wall bordering a neighbouring property.

The builder obtained the adjoining owner’s signature on a BA20A form, which provides information to owners of land affected by building work, but this form did not notify the owner about potential encroachment on their land.

The subsequent building permit and approved plans specified that the new retaining wall must not encroach on the neighbour’s property. The neighbour later discovered the new retaining wall’s concrete footings did encroach.

An inspection by the City of Melville also revealed Dalgety had demolished and rebuilt another retaining wall on the client’s property without a building permit. Retrospective approval was later granted for this work.

The Board fined Dalgety $2,500 for negligent conduct in connection with a building service, which is a disciplinary matter under the Building Services (Registration) Act 2011.

Separate matters between the builder and neighbour have also been heard at the State Administrative Tribunal.

Building Commissioner Phil Payne said builders must ensure the required approvals are in place.

“It is important for homeowners and any affected neighbours to have a clear understanding of the building project and the opportunity to consent to the work and any updates,” Mr Payne said.

“The building permit process is a key part of ensuring safety and compliance. Local governments can advise on building permit requirements so there is no excuse for not obtaining this approval when required.”