‘They’d knocked down half the house’: Councils powerless to stop dodgy builders
By Andrew Taylor
Dodgy developers and bad builders are encroaching on neighbours’ land, breaching stop-work orders and causing homes next door to collapse or crack, as Sydney councils urge residents to dob in the worst offenders.
Waverley Labor mayor Paula Masselos said there had been several cases of builders causing significant damage to neighbouring buildings including partial subsidence, cracking and shaking from demolition works in Sydney’s eastern suburbs.
On various occasions, SafeWork has been called in to shut down building sites because of safety concerns and issue fines,” she said.
An aerial view showing the scale of the work on the neighbouring property. BROOK MITCHELL
Waverley Council received 444 complaints about illegal development or use of buildings in 2021-22. A council spokeswoman said most developers followed the rules, but some builders undertake unauthorised works that can have “devastating impacts on neighbouring properties and undermine the reputation of the construction industry”.
Northern Beaches Council had an increase in complaints about illegal developments and land use, with 2768 complaints in 2021-22 compared with 2596 the previous year.
“If anyone has any concerns about illegal building works, non-compliant building works or illegal land use, we encourage them to contact council so we can investigate,” the council’s chief executive Ray Brownlee said.
A City of Canterbury Bankstown spokeswoman said the council also received complaints from residents about builders who have caused damage to their property.
Legislation prevented local councils from issuing orders to rectify the damage that has occurred to neighbouring properties as a result of normal building works, she said. “Seeking a resolution in these cases is a civil matter.”
Waverley Council in October issued a stop work order on a residential building project in Bondi Beach, which has caused headaches for nearby residents such as Hayley White.
White said she was not notified about the work until builders began knocking down the house. “Immediately the entire house was demolished with only the facade remaining.”
White said excavations to create a new basement level encroached into her property and damaged her fence.
“Our experience of the owners and builders is that they operate without care and responsibility,” she said.
White’s neighbour Lee Wright estimated his house has had $15,000 of damage since the demolition and excavations began.
“That includes cracking to the walls and cornices, damage to the front door and security door, which prevents them operating properly and damage to the front stairs,” he said.
Waverley Council noted in the agenda for its November meeting that the issues associated with the building site had been a “source of aggravation” to the community: “It continues to tax the patience and resources of the neighbourhood and Council.”
A council spokeswoman said demolition of the house was not covered under the conditions of consent of a complying development certificate (CDC) issued by a private certifier.
The council issued three penalty notices in August, while a private certifier issued a notice to cease works, she said.
“A stop work order was issued for unauthorised works which did not match with the plans of CDC,” she said. “If this order is breached with sufficient evidence, an injunction may be sought or a penalty notice issued.”
Council officers patrol the site and a DA is required for building works to resume, she said.
Masselos said a council can shut down a site and issue a $6000 fine if conditions are met, but “for many developers, this is a small amount and is factored in as the cost of doing business.”
Masselos last year said the council was concerned about issues at building sites under the authority of private certifiers following the partial collapse of a house in Bondi Beach in 2020.
“When council had responsibility for certification and oversight, there were far fewer such incidents,” she said.
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Concerns about overdevelopment in Sydney’s eastern suburbs prompted the council to require social impact assessments on some building projects and fund a $100,000-a-year community planning advocate to help residents fight development proposals.
A NSW Fair Trading spokesman said the government was satisfied it had the tools and resources to effectively oversee the work of private and council certifiers.
“Councils still have significant powers to issue orders and use other enforcement tools in relation to concerns about development and should exercise them,” he said.
A Housing Industry Association spokesman did not respond to The Sun-Herald’s questions.
A 2022 NSW Upper House report into building standards said the construction industry was still failing to provide safe, reliable and defect-free homes three years after serious defects were found in the Opal Towers and Mascot Towers developments.
Labor’s Better Regulation spokeswoman Courtney Houssos said the NSW government was not properly monitoring the performance of registered building certifiers “leaving residents and owners to repair shonky building work”.
Only one certifier had been added this year to Fair Trading’s disciplinary register, Houssos said.
She also said there were 370 complaints made against building certifiers in 2021-22, but none were cautioned or reprimanded.
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“Purchasing a home is the largest financial investment many will make in their lifetime, and dodgy certifiers are leaving homeowners to pick up the tab for the rectification works,” she said.
