A Perth building surveying company and its two directors have been fined a total of $35,000 for negligence after signing off on three buildings that failed to meet fire safety requirements.

Applecross-based registered building surveying contractor Resolve Group Pty Ltd (BSC31) and registered building surveying practitioners Scott Michael Roberts (BSP244) and Kieran James Hunt (BSP2224) were the subject of disciplinary action initiated by Building and Energy under WA’s building registration laws.

The matter concluded at the State Administrative Tribunal on 28 October 2019 with an agreement for Resolve Group to pay a fine of $15,000, Mr Roberts to pay $12,500 and Mr Hunt to pay $7,500, in addition to costs of $3,000.

The Tribunal was informed that in 2015, the City of Perth received a Certificate of Construction Compliance (CCC), issued by Resolve Group and signed by Mr Roberts, for an $11 million East Perth apartment development.

Through a CCC, a building surveyor declares that building work has been completed in accordance with approved plans and specifications, and that the finished building complies with applicable building standards.

Based on Resolve Group’s CCC, the City of Perth issued an occupancy permit for the apartment building, which was later found to be non-compliant with fire safety standards due to absent or incorrect fire-stopping materials.

Building and Energy previously took action against building practitioner Rodney Obeid (BP14339) for failing to properly manage and supervise work at the same East Perth complex.

The second site referenced at the Tribunal was a two-storey house in Fremantle. Resolve Group and Mr Roberts agreed they had been negligent when carrying out building surveying work for the $200,000 renovation in 2013.

In October 2013, the City of Fremantle issued a building permit for the project after receiving a Certificate of Design Compliance (CDC) from Resolve Group, signed by Mr Roberts.

Through a CDC, a building surveyor declares that a building will comply with applicable building standards if it is completed according to the plans and technical details provided.

In this case, the CDC did not include the performance-based or alternative solution on fire protection with respect to construction of the first-floor external walls.

The Tribunal was also informed about a $1.1 million apartment development in Belmont where Resolve Group issued a CDC, signed by Mr Hunt, in 2017. However, the original accompanying drawings featured seven windows that lacked the necessary protection to meet the applicable building standards.

Building and Energy A/Executive Director Saj Abdoolakhan welcomed the Tribunal outcome.

“The significant fines reflect the seriousness of the missing or incorrect compliance details, which could have had catastrophic outcomes in the event of a fire,” Mr Abdoolakhan said.

“The relevant local government permit authorities are aware of the situation at these buildings and have legislated powers to enforce building standards.

“The building surveyors involved acknowledge their negligence and have committed to improving their practices.

“We will continue to take action against building industry participants who do not meet their obligations, particularly when their actions can jeopardise community safety.”

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Media contact: Sarah Roberts – 0466 409 828 (media queries only) or CPmedia@demirs.wa.gov.au

Notes:

• Building and Energy (a division within the Department of Mines, Industry Regulation and Safety) was formed in January 2018 by the amalgamation of the Building Commission and EnergySafety.
• BSC and BSP numbers refer to registration as a building surveying contractor or a building surveying practitioner. The registers of building service providers can be found at www.commerce.wa.gov.au/building-and-energy/licence-search (or via dmirs.wa.gov.au).
• 2018 media statement on Rodney Obeid in relation to the East Perth apartments: https://www.commerce.wa.gov.au/announcements/penalty-supervisor-after-unacceptable-building-defects-raise-fire-risk-rodney-obeid