Dudley Park: Fake builder fined $14.5k after leaving neighbours out of pocket

A Dudley Park couple have been left out of pocket, trusting their neighbour to carry out renovations on their property after he falsely claimed he was a builder.

Paul Anthony Hart was fined $14,500 in the Mandurah Magistrates Court recently over four building offences following prosecution by Building and Energy WA.

The court heard Mr Hart led his neighbours to believe he was a registered building contractor when they asked him to carry out renovations on their home valued at $24,000.

The work included removing two walls, gutting the bathroom and replacing the bathroom ceiling, vanity, toilet, shower and other fittings.

Mr Hart was not a registered builder and did not hold a building permit to undertake the works which is required if the work is valued at more than $20,000.

The court heard Mr Hart sought and received a 50 per cent deposit – exceeding the 6.5 per cent maximum deposit allowed for home building works valued at over $7500.

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.

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 $7500. 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.”