Roxburgh Park property developer convicted and fined $1500 for breaching a mandatory building order

In December 2010, Mr Jamal Younan was issued a building permit for the construction of retaining walls at his property in Roxburgh Park. The permit specified that he was to contact the relevant building surveyor (RBS) and request a site inspection when the footings had been laid and when the works were complete.

In December 2011, the RBS inspected the site and found construction of the retaining walls had ended. Shortly after, the RBS wrote to Mr Younan, requesting documentation confirming that the footings had been constructed correctly. No response was received.

In October 2014, the RBS re-inspected the site and found the retaining walls did not comply with the Building Act, Building Regulations or approved building permit documents. A report detailing these findings was sent to Mr Younan, but again, no response was received.

Mr Younan was issued with a Building Notice in June 2015 after the RBS conducted a third inspection. He was also issued with a Building Order in October 2015 requiring him to expose the footings of the walls for inspection or demolish the walls within 30 days. Mr Younan did not respond to either directive.

In December 2015, the matter was referred to the Victorian Building Authority (VBA), where an investigator made numerous attempts to contact Mr Younan in writing without success.

In September 2018, the VBA carried out a final site inspection, finding the retaining walls still standing. Prosecution proceedings against Mr Younan subsequently commenced.

Mr Younan was scheduled to appear in the Broadmeadows Magistrates’ Court on 22 January 2019, but did not attend or appoint legal representation. After an application was made to the Magistrate by the VBA Prosecutor, the matter proceeded in Mr Younan’s absence.

Mr Younan was convicted and fined $1500 plus costs.