Builder penalised for failing to fix poor quality work

A Melbourne based builder has been penalised $10,000 by the Victorian Building Authority (VBA) for failure to comply with a Direction to Fix order.

Stephen Wayne Ennis (DB-U 65765, CB-U 65765), nominee director of Review Construction Pty Ltd (CDB-U 65852, CCB-U 65851), ignored a written order from a Relevant Building Surveyor (RBS) to rectify numerous building issues at a site in Brunswick.

Among the areas needing correction included grading underneath suspended floorboards to prevent water pooling and ensure proper drainage, installation of waling plates and excavation of stump holes for inspection.

The VBA’s CEO Anna Cronin said practitioners not following the rules would pay the price.

“The rules are there to be followed to protect Victorians and uphold the reputation of our building industry,” Ms Cronin said.

“When practitioners wilfully disobey these rules, such as not complying with a Direction to Fix, we will take action and it will cost them.”

An RBS is required by legislation to issue a Direction to Fix building work to a builder if, after inspection, they reasonably believe that the building work fails to comply with the Building Act 1993, the Building Regulations 2018 or the building permit.

Ms Cronin said the VBA supported building surveyors by enforcing compliance with all rules and regulations.

“Ignoring a direction to fix is a serious breach of the law. Consumers shouldn’t be out of pocket when a practitioner breaks the rules, which is why a direction to fix can be issued,” Ms Cronin said.

"Where non-compliance is identified during construction, it is the builder's responsibility to rectify that, rather than non-compliant work being passed on to the homeowner.”

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

Victorians can visit to make sure their builder or plumber is registered or licensed.