The State Administrative Tribunal (SAT) has ordered a building surveying firm and its director to pay $10,000 in fines for certifying plans for a Burswood development when several details did not comply with the construction code.
The SAT found North Beach building surveying contractor Today’s Building Services Pty Ltd (BSC23) and building surveying practitioner Mark Rubie (BSP23) engaged in misleading conduct, which is a disciplinary matter under WA’s building service registration laws.
According to agreed facts following SAT mediation, Today’s Building Services issued two certificates of design compliance (CDCs), signed by Mr Rubie, for a proposed seven-storey complex that included residential units and commercial premises.
Through a CDC, a building surveyor declares a forthcoming building will comply with applicable building standards if its construction follows the approved plans and specifications.
The CDCs for the Burswood development were part of a building permit application to the Town of Victoria Park, but the agreed facts show several aspects of the certified plans and specifications did not comply with the National Construction Code (NCC).
The issues included fire safety requirements – such as fire separation between storeys, smoke separation in corridors, doors to a fire-isolated stairway and appropriate door latches – and access for people with disabilities to a communal area, gym and deck. Other concerns related to lift safety features and a lack of structural design for a roof solar panel system.
According to submissions by Today’s Building Services and Mr Rubie in the agreed facts, the NCC non-compliance was rectified prior to the building’s completion so no public safety risk eventuated.
The company and Mr Rubie stated they were under time pressure to complete the certification and did not intend to mislead the Town of Victoria Park, but they acknowledged “an error of judgement” by advising the developer that the NCC issues could be dealt with during construction.
On 12 February 2025, the SAT ordered Today’s Building Services to pay a $3,000 fine and Mr Rubie to pay a $7,000 fine.
Building Commissioner Saj Abdoolakhan said registered building surveyors must provide thorough and accurate work throughout the building approvals process.
“The public rightly expects compliance with building codes and standards from the initial plans through to the finished project,” Mr Abdoolakhan said.
“Building surveyors have a statutory obligation to ensure compliance when certifying building designs and referring to plans and specifications. This initial certification is a key part of the building permit process and can have significant impacts on construction and the subsequent safety, health and amenity of building occupants.”
<ENDS>
Media contact: BEmedia@demirs.wa.gov.au
