A Mandurah couple was left out of pocket with an abandoned renovation after a neighbour falsely claimed to be a registered builder and took on the project without a proper contract, insurance or deposit limit.
At Mandurah Magistrates Court on 26 August 2025, a magistrate described Paul Anthony Hart’s conduct as “extremely disturbing” and fined him $14,500 for four building offences following prosecution by Building and Energy.
The court was told the Dudley Park homeowners engaged Mr Hart in October 2023 to carry out building work, valued at $24,000, including removing two walls, gutting the bathroom and replacing the bathroom ceiling, vanity, toilet, shower and other fittings.
Mr Hart led the neighbours to believe he was a registered building contractor, which was a legal requirement for their project because it involved building work valued at more than $20,000 and required a building permit. Mr Hart did not hold this registration.
Mr Hart sought and received a 50 per cent deposit – exceeding the 6.5 per cent maximum deposit allowed by law before home building work valued at more than $7,500 begins. The Building Commissioner has since issued a remedy order requiring Mr Hart to repay the owners’ $12,000 deposit.
Mr Hart also took on the project without home indemnity insurance or a signed contract outlining terms and conditions.
The court heard Mr Hart carried out some work – including capping off taps and pipes, demolishing wall sections, removing cupboards and disconnecting the cooker – but nothing further took place. The owners had to pay another builder more than $27,000 to complete the job.
Mr Hart was not in court when he was convicted and fined $8,000 for falsely implying he was a registered builder, which is an offence under the Building Services (Registration) Act 2011, and $5,000 for the lack of home indemnity insurance, $1,000 for the excessive deposit and $500 for the non-compliant contract, which are breaches of the Home Building Contracts Act 1991. He was also ordered to pay $615 in costs.
Magistrate Leanne Atkins said it was “extremely disturbing” that Mr Hart had left so much work incomplete and the victims had to pay another builder.
Building and Energy Executive Director Daniel Kearney advised homeowners to avoid large deposits and check their building service provider’s registration online or through the ServiceWA app.
“This behaviour is unacceptable and has caused significant stress, inconvenience and financial impacts for the homeowners,” Mr Kearney said.
“I cannot stress enough that homeowners should not hand over deposits of more than 6.5 per cent for home building works valued over $7,500. This law protects the homeowner from potential financial loss, which has unfortunately happened in this case.
“The registration process aims to ensure builders have the appropriate qualifications, skills and experience to deliver safe and compliant buildings.
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Media contact: BEmedia@lgirs.wa.gov.au
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