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Builder faulted over poor accessibility for wheelchair users

a woman in wheelchair with guide dog

A Joondalup builder has been fined after a Clarkson couple’s home modifications for wheelchair access were found to be substandard and not covered by a building permit or the required insurance.

The Building Services Board found Buildmark Pty Ltd (BC13617) and its director and nominated supervisor, Marko Alujevic (BP13504), failed to provide proper management and supervision of a building service as required by WA’s builder registration laws.

Buildmark Pty Ltd is unrelated to another business with a similar name, Buildmark WA Pty Ltd (BC105533).

According to information provided to the Board by the Department of Local Government, Industry Regulation and Safety’s Building and Energy division, the project involved modifying the bedroom and ensuite to enable access for a wheelchair user.

National Disability Insurance Scheme providers developed a scope of works, prepared plans and sought quotes from builders. Buildmark was the successful applicant to carry out the building work, valued at more than $50,000.

A Building and Energy inspection later revealed several areas of non-compliance with applicable building standards, including incorrect placement of the toilet, shower taps and light switches; structural issues with the concrete slab and mesh; inadequate doorframe support; and an ensuite door position that prevented installation of toilet handrails.

Buildmark had also not obtained a building permit or home indemnity insurance, which were both required for the project.

Noting their cooperation and lack of prior building disciplinary matters, the Board fined Buildmark Pty Ltd $5,000 and Mr Alujevic $2,500 for their conduct under the Building Services (Registration) Act 2011.

Related contractual and building work disputes are before the State Administrative Tribunal.

Building and Energy Executive Director Daniel Kearney said the building issues had caused stress and inconvenience for the homeowners.

“The community rightfully expects registered builders to provide compliant and safe services, particularly for our most vulnerable people,” Mr Kearney said.

“Wheelchair users can greatly benefit from building modifications, but these must be done correctly and follow approved plans and legal requirements.

“Working without a building permit, if one is required, increases the risk of structural and safety concerns. The owners also lost an important financial protection due to the absence of home indemnity insurance.”

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