- $25,000 penalties for failing to manage and supervise building work in Scarborough
- Defective construction led to roof and frame detaching and landing next door
- Buildsmart WA has since lost its builder registration on financial grounds
WA’s Building Commissioner has put builders on notice that defective work is dangerous and unacceptable after parts of a roof and frame lifted off a Scarborough home and landed on a neighbouring house.
The “significant failure” led to disciplinary action by the Building Services Board against the builder, Buildsmart WA Pty Ltd (BC14457 expired), and its nominated supervisor, Michael Peter Adams (BP13875), for failing to properly manage and supervise a building service.
Buildsmart WA has not been a registered building contractor since 31 July 2026 after the State Administrative Tribunal (SAT) affirmed the Building Services Board’s refusal to renew the company’s registration on financial grounds.
Separate SAT proceedings for the Scarborough incident concluded on 11 September 2026 with Buildsmart WA fined $15,000 and Mr Adams fined $10,000 under the Building Services (Registration) Act 2011 for their conduct.
According to agreed facts from mediation, a two-storey home was under construction by Buildsmart WA in September 2023 when a large portion of the roof and the top-level wall framing detached during a storm and blew on to a neighbouring house.
The incident, described as a “significant failure”, stemmed from construction issues and deviations from approved plans that should have been detected by Mr Adams.
A Department of Local Government, Industry Regulation and Safety inspection revealed building defects including a flooring system using timber instead of metal trusses, no steel beams connected to the upper floor’s primary structural columns and other missing column connections.
The absence of beams and column connections meant no continuous steel loop was in place to lock the upper floor to the building’s foundation and resist vertical uplift.
The facts state that if construction had followed the approved plans, the building should have withstood winds up to 45m per second (around 160km per hour), significantly stronger than the gusts of around 25m per second (approximately 90km per hour) recorded during the storm.
Mitigating factors accepted during mediation include Buildsmart WA’s immediate attendance to repair the storm damage and weather reports indicating a strong cold front with windier conditions “likely to produce the kind of weather that is only seen around twice per year”.
Building Commissioner Phil Payne said it was incredibly fortunate that the detached structures did not result in injuries or serious damage.
“This case clearly shows that failure to properly oversee building work and follow approved plans, particularly involving significant structural elements, is unacceptable and dangerous,” Mr Payne said.
“The conduct fell far short of the standards for registered builders as set out in law and rightly expected by the community. I urge other builders to take note of this matter and ensure their own practices are exemplary and centred on providing safe and compliant work environments and buildings.”
Following Buildsmart WA’s loss of builder registration, homeowners with incomplete or defective work should contact QBE to discuss home indemnity insurance arrangements.
<ENDS>
Media contact: BEmedia@lgirs.wa.gov.au
Related media statement (August 2026): Buildsmart WA Pty Ltd loses registration: builders warned finances will face rigorous scrutiny at renewal
