A Magistrate granted the VBA an injunction today, ordering the company and the property owner to immediately down tools at a construction site in Tattenham Court Attwood.
The allegations by VBA against the builder, Buildqa and its sole company officer Nicholas Artusa breached the Building Act by carrying on work without a permit. This included:
- construction of two 3-storey townhouses and garages at the Attwood site, which went well beyond what was authorised under the building permit issued in May 2023.
- a failure by Buildqa and the property owner to comply with a building order to stop work issued by the Relevant Building Surveyor (RBS) in December 2024 following an inspection by Hume City Council.
- work that progressed well beyond the permit scope with substantial structural framework and brickworks completed to the ground floor level of the $650,000 project.
The staged building permit issued last year only allowed work to the "Stage 1 – Slab Steel" stage and included five mandatory inspection requirements.
If found guilty, Buildqa face fines of up to nearly $1 million and its sole company officer Nicholas Artusa up to $100,000.
In granting the injunction, the Magistrate also ordered Buildqa and the property owner, at their own expense, to hire an RBS from a VBA nominated panel to prepare a report on the compliance of the building work and provide it to the VBA to identify possible remedial action.
This measure will ensure the buildings at the site comply with relevant building standards and permits so there are no obligations financial or otherwise imposed on subsequent owners and no safety risks for potential tenants.
Building permits, issued by a private or municipal building surveyor, protect the consumer by certifying a proposed building complies with the relevant building regulations .
These important documents ensure practitioners working on the project are registered and insured and that key stages of the work are independently inspected.
