WA’s building regulator says a $65,000 fine for disregarding official orders to rectify two pool renovations sends a strong message about service providers’ responsibilities.
Building and Energy’s prosecution of Stay At ³Ô¹ÏÍøÕ¾ Living Pty Ltd, now in liquidation, and its sole director, Dominic David Jackson, concluded at Perth Magistrates Court on 16 August 2024.
Both were convicted under WA’s building complaints laws for failing to comply with a State Administrative Tribunal (SAT) order to fix work at a Woodvale property and a building remedy order (BRO) for a project in City Beach.
The court was told Mr Jackson, on behalf of Stay At ³Ô¹ÏÍøÕ¾ Living, carried out the Woodvale pool renovation in 2021. The company was later issued with a SAT order requiring it to rectify issues such as stains, excess grout and drainage.
The court was told the City Beach BRO, issued by Building and Energy in May 2023, required the company to rectify several issues with its pool renovation work including leaks, gaps, uneven or damaged tiles, poor-quality grouting and misaligned fixtures.
No rectification work was carried out at either property before or after the deadlines.
Magistrate Catherine Crawford fined Stay At ³Ô¹ÏÍøÕ¾ Living $50,000 and Mr Jackson $15,000, as well as ordering each to pay $350 in costs, noting the lack of work to address the orders and the need to send a compliance message to industry.
Although Stay At ³Ô¹ÏÍøÕ¾ Living is now in liquidation, the prosecution told the court Mr Jackson continues to work in the industry as Boutique Pool Renovations, a trading name previously used by Stay At ³Ô¹ÏÍøÕ¾ Living.
Building Commissioner Saj Abdoolakhan said the significant fines should remind building service providers about accountability and responsibility.
“Failure to comply with a building remedy order or a State Administrative Tribunal order is illegal and there will be consequences,” Mr Abdoolakhan said.
“To carry out substandard work in the first place, as well as showing a blatant disregard for the opportunity to make it right, is stressful for homeowners and undermines the majority of building service providers who work to a high standard.”
