Allowing Site Access
A recent increase in the number of complaints received from owners and independent building inspectors about being prevented from carrying out an inspection of home building work has prompted the Board to issue a reminder to builders, and persons acting on behalf of builders, about their obligations under the Home Building Contracts Act 1991.
Section 26 of the Act 'access for inspection of building work' provides that a builder under a contract, or a person acting on behalf of the builder, must not prevent the owner or an authorised person from inspecting the home building work to which the contract relates.
This applies if the owner or authorised person is acting in accordance with the contract and such provisions are stipulated in the contract. A provision in a contract that prohibits or restricts inspection of home building work is void.
Builders can restrict inspections to occur during normal working hours and can decline inspections that would unreasonably impede or interfere with the work being carried out. However, if the owner or an authorised person requests to conduct a building inspection during the builder's normal working hours and such an inspection does not interfere with the building work, then the builder should not prevent the inspection from taking place.
An authorised person is anyone acting on behalf of the owner under a written authority and could be a person who is providing finance for the home building work.
Preventing an inspection of home building work may result in prosecution. If you are unsure, contact the Compliance Section on (08) 9476 1200.
Prosecutions and Disciplinary Actions
The Builders' Registration Board is responsible for ensuring compliance with the Builders' Registration Act 1939 (BRA) and the Home Building Contracts Act 1991 (HBCA). In doing so, the Board takes proceedings for offences against the Acts in the Magistrates Court and refers registered builders to the State Administrative Tribunal for disciplinary action.
The table below shows the details of recent prosecutions carried out by the Board and matters brought before the State Administrative Tribunal (SAT).
| Name |
Section |
Act |
Date of Decision |
Summary of Offence |
Fines |
Costs |
| PROSECUTIONS |
| PRESTON, Steve |
4(1)(A)(b) |
BRA |
21/05/09 |
Entering into a contract to build a building whilst not registered. |
$8,000.00 |
$35.80 |
| 10(1)(b)(i) |
HBCA |
21/05/09 |
Entering into a contract which provides the builder is entitled to demand or receive a non-genuine progress payment. |
$8,000.00 |
$35.80 |
10(5)
(2 offences) |
HBCA |
21/05/09 |
Demanding or receiving a non-genuine progress payment. |
$16,000.00 |
$71.60 |
| The Aaron Group Pty Ltd |
4(1)(A)(b) |
BRA |
21/05/09 |
Entering into a contract to build a building whilst not registered. |
$8,000.00 |
$35.80 |
| 10(1)(b)(i) |
HBCA |
21/05/09 |
Entering into a contract which provides the builder is entitled to demand or receive a non-genuine progress payment. |
$8,000.00 |
$35.80 |
10(5)
(2 offences) |
HBCA |
21/05/09 |
Demanding or receiving a non-genuine progress payment. |
$16,000.00 |
$71.60 |
| GREGORY, Lindsay |
25(c)1 |
HBCA |
26/06/09 |
Performed residential building work without home indemnity insurance in place. |
$4,000.00 |
$220.80 |
| 4(1)(A)(b) |
BRA |
26/06/09 |
Entered into a contract to construct a building valued in excess of $20,000 while he was not a registered builder |
$4,000.00 |
$220.80 |
| WEBER, Matthias |
4A(2a)(a) |
BRA |
31/07/09 |
Failed to affix or erect a sign of reasonable dimensions showing his name. |
$30.00 |
$170.20 |
| WEBER, Severine |
4A(2a)(a) |
BRA |
31/07/09 |
Failed to affix or erect a sign of reasonable dimensions showing her name. |
$30.00 |
$170.20 |
| BIERSACK, Elvira |
4A(2a)(a) |
BRA |
31/07/09 |
Failed to affix or erect a sign of reasonable dimensions showing her name. |
$30.00 |
$170.20 |
| EVANS, Richard Caine |
4(1)(A)(d) |
BRA |
06/08/09 |
Holding out to be trading as a registered builder. |
$1,000.00 |
$261.20 |
| CACCIOLA, Vincent |
10(5) |
HBCA |
24/09/09 |
Demanding or receiving a non-genuine progress payment. |
$500.00 |
$38.10 |
| 25C(1) |
HBCA |
24/09/09 |
Performed residential building work without home indemnity insurance in place. |
$1,000.00 |
$38.10 |
| 4(1)(A)(b) |
BRA |
24/09/09 |
Entered into a contract to construct a building valued in excess of $20,000 while he was not a registered builder. |
$500.00 |
$38.10 |
| Bunbury Patio Solutions (WA) Pty Ltd |
4(4) |
HBCA |
07/10/09 |
No notice to the homeowner. |
$400.00 |
$336.85 |
| 10(5) |
HBCA |
07/10/09 |
Receiving a payment in excess of 6.5% of the contract amount prior to the commencement of home building work. |
$1,000.00 |
$336.85 |
|
JONES, Terence Melvyn |
4(4) |
HBCA |
02/11/09 |
Failing to set out all the terms, conditions and provisions of the contract. |
$600.00 |
$284.85 |
| 10(1)(a)(i) |
HBCA |
02/11/09 |
Provision for excess deposit/payment prior to the commencement of work. |
$600.00 |
$284.85 |
| Pro-Built Landscape Builders Pty Ltd |
12A(4) |
BRA |
10/11/09 |
Failing to comply with an order of the BDT |
$6,000.00 |
$136.33 |
| 12A(4) |
BRA |
10/11/09 |
Continued failure to comply with an order of the BDT |
$6,000.00 |
$136.33 |
| 71(1)(e) |
BRA |
10/11/09 |
Failing to comply with an order of the BDT |
$300.00 |
$136.33 |
| BLECHYNDEN, Gregory James Walker |
12A(4) |
BRA |
10/11/09 |
Failing to comply with an order of the BDT |
$1,000.00 |
$136.33 |
| 12A(4) |
BRA |
10/11/09 |
Failing to comply with an order of the BDT |
$1,000.00 |
$136.33 |
| 71(1)(e) |
BRA |
10/11/09 |
Continued failure to compy with an order of the BDT |
$200.00 |
$136.33 |
| SAT MATTERS |
| Eclipse Developments (WA) Pty Ltd |
13(1)(ca) |
BRA |
27/05/09 |
Failed to ensure an employee, director or board member, registered under the BRA, manage and supervise building work so it was carried out in a proficient and workmanlike manner. |
$5,000.00 |
$364.50 |
| WRIGHT, Peter |
13(1)(ca) |
BRA |
27/05/09 |
As the nominated supervisor and director of Eclipse Developments (WA) Pty Ltd, failed to ensure an employee, director or board member, registered under the BRA, manage and supervise building work so it was carried out in a proficient and workmanlike manner. |
$500.00 |
$364.50 |
| Konstruct WA Pty Ltd |
13(1)(c) |
BRA |
28/05/09 |
Negligence in performing building work. |
$6,000.00 |
$700.00 |
| Scott Park Homes Pty Ltd |
13(1)(da) |
BRA |
02/06/09 |
Engaged in misleading and deceptive conduct, to carry out building work. |
$16,100.00 |
$194.75 |
| SCOBLE, Kenneth Ronald |
13(1)(da) |
BRA |
02/06/09 |
As the nominated supervisor of Scott Park Homes Pty Ltd, engaged in misleading and deceptive conduct, to carry out building work. |
$500.00 |
$194.75 |
| MARCHESE, Giuseppe Natale |
13(1)(da) |
BRA |
02/06/09 |
As a director of Scott Park Homes Pty Ltd, engaged in misleading and deceptive conduct, to carry out building work. |
$4,000.00 |
$194.75 |
| SILVESTRO, Paul |
13(1)(da) |
BRA |
02/06/09 |
As a director of Scott Park Homes Pty Ltd, engaged in misleading and deceptive conduct, to carry out building work. |
$4,000.00 |
$194.75 |
| GOMEZ, Mark Richard |
13(1)(da) |
BRA |
06/08/09 |
Engaged in misleading and deceptive conduct. |
$5,000.00 |
$879.00 |
| KBE Contracting Pty Ltd |
13(1)(db) |
BRA |
04/09/09 |
Failed to comply with an order of the Disputes Tribunal. |
$1,000.00 |
$7,000.00 |
| |
SAT reasons for decisions are available from www.sat.justice.wa.gov.au