Builder fined thousands for unprofessional conduct

A Victorian builder has been fined almost $37,000 and cannot take on any new work for two years after he was found to have engaged in unprofessional conduct.

Mario Mazza (DB-U 6973) was penalised $36,500 for numerous breaches of the Building Act 1993, including allowing his building registration to be used by another practitioner, Rocco Barba (CB-L 41528).

The Victorian Building Authority (VBA) found that Mr Mazza also permitted and allowed building work to be carried out which did not accord with the Building Act, the Building Regulations and the relevant building permit.

The basis of the VBA’s disciplinary action is that Mr Mazza engaged in unprofessional conduct at a multi-dwelling domestic building site in Niddrie, near Keilor East in north-west Melbourne.

The VBA’s Executive Director Regulatory Operations David Brockman said Mr Mazza allowed Mr Barba to use his Domestic Builder - Unlimited registration and was not allowed to do so.

“Mr Mazza should have known that allowing another practitioner to use his registration is completely inappropriate and in breach of the Building Act,” Mr Brockman said.

“In doing so, Mr Mazza gave Mr Barba cover to commit his own breaches of the Building Act, about which we have also taken action.”

“We have taken the additional step to partially suspend Mr Mazza’s registration for 24 months, which means he will not be allowed to work on any new projects and his company, Timetrex Pty. Ltd., cannot acquire new business."

The allegations related to a 15-unit residential development on land owned by a company controlled by Mr Barba.

Mr Brockman said that allowing Mr Mazza to finish the building projects he was involved in ensured that consumers were not left stranded.

“We have prevented Mr Mazza from working on any new projects but made sure he doesn’t leave his existing customers high and dry.”

“Mr Mazza’s registration and insurance details were cited in the building permit used by Rocco Barba, but there is no evidence that Mr Mazza did any building work at the site,” Mr Brockman said.

“This is a serious example of misuse of a practitioner’s status in Victoria, one that should be respected and protected at all times, not given away to be used by anyone.”

Mr Mazza can apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of the decision.

The VBA has an online consumer resource portal with information for anyone who experiences issues with builders or plumbers.