An Applecross building surveying contractor and its supervisor have consented to pay $15,000 in fines for negligent conduct, including certification of a two-storey building that was meant to be single storey.
The Building Services Board’s disciplinary allegations against Resolve Group Pty Ltd (BSC31) and Kieran James Hunt (BSP2224) were concluded at the State Administrative Tribunal (SAT).
According to agreed facts following SAT mediation, Resolve Group issued three compliance certificates, signed by Mr Hunt, for a building in Harrisdale – a certificate of design compliance (CDC) in 2018, a certificate of construction compliance (CCC) in 2019 and certificate of building compliance (CBC) in 2020.
Through a CDC, a building surveyor declares a forthcoming building will comply with applicable building standards if its construction follows the plans and specifications provided. A CCC or CBC is issued after construction when a building surveyor declares the completed building complies with the details set out in the CDC or CBC.
The facts show Resolve Group’s CDC referenced a single-storey structure, but a building compliance inspection by the permit authority revealed the completed building was actually two storeys.
According to the facts, Mr Hunt and Resolve Group engaged in negligent conduct by not identifying the inconsistency during a site visit and by providing an inaccurate CCC.
The permit authority raised the discrepancy with Resolve Group and Mr Hunt, who took immediate action to review the certification. The permit authority was eventually satisfied and went on to issue an occupancy permit for the building, which validates it is safe to occupy.
The permit authority subsequently reported its concerns about the building surveying work to the Building Commissioner, who launched an investigation.
The SAT facts show Resolve Group and Mr Hunt also engaged in negligent conduct in 2017 when issuing a CCC for a two-storey apartment building in Midland by “failing to exercise the degree of care expected of a competent building surveyor” to ensure construction complied with plans, specifications and required safety measures.
The Midland building lacked roof tie-downs, adequate fall protection and key fire safety and accessibility features. The CCC did not record any evidence of compliance for critical structural and fire safety building elements, while other architectural, structural and energy efficiency components did not comply with building codes.
The permit authority later issued an occupancy permit for this building.
The agreed facts note that Resolve Group and Mr Hunt engaged proactively with affected parties in both cases and have since reviewed and improved their processes to prevent the conduct happening again. It was further noted that the conduct was not characteristic of Resolve Group’s or Mr Hunt’s usual work practices.
On 7 February 2025, the SAT ordered Resolve Group to pay a $10,000 fine and Mr Hunt to pay a $5,000 fine for the negligent conduct, which is a disciplinary matter under the Building Services (Registration) Act 2011.
Building Commissioner Saj Abdoolakhan said registered building surveyors must uphold the high standards expected of their role.
“A thorough and diligent approach is essential when building surveyors are certifying building plans and building work,” Mr Abdoolakhan said.
“The building surveyor’s work is a key part of permit authorities’ determination of building permits and occupancy permits. Any irregularities can affect the safety, health and amenity of the building occupants.”
In 2022, Building and Energy published a Code of Conduct for building surveyors and is developing a Code of Practice.
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Media contact: BEmedia@demirs.wa.gov.au
For reference: Media statement from 2019 related to Resolve Group and Mr Hunt
