An Innaloo business has voluntarily surrendered its building contractor registration after facing the Building Services Board for disciplinary matters related to eight projects.
The Board found Midnight Construction Group Pty Ltd (BC103710, cancelled) operated without a nominated supervisor and provided falsified insurance certificates.
A registered building contractor cannot legally carry out building work unless it has appointed a nominated supervisor to oversee the projects.
According to an investigation by the Department of Local Government, Industry Regulation and Safety’s Building and Energy division, Midnight’s original nominated supervisor stepped down in November 2022.
In March 2023, the company advised the Department it had appointed a new nominated supervisor, but the person named revealed he was unaware of this arrangement until a chance discovery in December 2024.
This meant Midnight had no nominated supervisor for more than two years. During that time, it carried out building work at four sites in Belmont, Yokine, Perth and Lathlain.
The Board found the company was subject to disciplinary findings under the Building Services (Registration) Act 2011 by failing to ensure the building services were properly managed and supervised.
Midnight also engaged in misleading conduct by obtaining building permits for the four sites, as well as home indemnity insurance (HII) for the Belmont and Yokine projects, without a nominated supervisor in place.
The Board found further misleading conduct occurred when the business provided permit authorities and homeowners with falsified HII certificates for the sites in Perth, Lathlain and Belmont – prior to the Belmont HII application without a nominated supervisor – plus four other projects in Hillarys, Kelmscott, Mindarie and Singleton.
Midnight was fined $5,000 last year for fake HII documents related to the Yokine house.
At its November 2025 meeting, the Board fined Midnight $5,000 for the latest disciplinary matters and accepted the director’s request to cancel the company’s building registration.
The Board also took into account that no complaints had been made about the work at any of the sites and the company had since provided homeowners with legitimate HII certificates.
Building and Energy Executive Director Daniel Kearney said the company’s conduct was unacceptable.
“Operating without a nominated supervisor shows a blatant disregard for the safety and quality of building work,” Mr Kearney said.
“Providing false declarations and documents to permit authorities and insurers also undermines the building approval process and puts clients at substantial financial risk without home indemnity insurance.
“It is a welcome development that this company is no longer operating as a registered builder.”
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Media contact: BEmedia@lgirs.wa.gov.au
Related media statement (November 2024): https://www.wa.gov.au/government/announcements/builder-fined-bogus-insurance-certificate-midnight-construction-group-pty
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