A Wangara building surveying contractor, its director and two building surveying practitioners have been fined a total of $21,000 for incorrectly certifying that a commercial premises complied with building standards including structural, fire safety and disability access.
A Wangara building surveying contractor, its director and two building surveying practitioners have been fined a total of $21,000 for incorrectly certifying that a commercial premises complied with building standards including structural, fire safety and disability access.
Constructive Building Consultants Pty Ltd (BSC2091), Caillam Walter Bruyn (BSP2164), Kahlan Eugene Commerford (BSP2212, technician) and Steven Paul Patten (BSP2248) faced disciplinary action initiated by Building and Energy under WA's building registration laws.
The matter concluded at the State Administrative Tribunal (SAT) in August 2025 following mediation. Constructive Building Consultants and its director and nominated supervisor, Mr Bruyn, agreed to pay a total of $14,000. Mr Commerford was fined $5,000 and Mr Patten $2,000.
According to agreed facts, Constructive Building Consultants issued three compliance certificates as part of a permit application to reclassify an Orange Grove residential dwelling into a caretaker's and education facility. These included a certificate of building compliance (CBC) and a certificate of design compliance (CDC) signed by Mr Commerford, under the management and/or supervision of Mr Bruyn, and a certificate of construction compliance (CCC) signed by Mr Patten.
It was agreed that Mr Commerford acted negligently or incompetently when signing the CBC and CDC. The certificates contained significant errors, including misclassification of part of the building and insufficient evidence demonstrating compliance with fire safety, disability access, structural adequacy and energy efficiency standards.
The agreed facts also show Mr Patten engaged in misleading or deceptive conduct by signing a CCC that lacked adequate technical documentation to confirm the building was constructed in accordance with plans and specifications in the CDC.
It was further agreed that Mr Bruyn and Constructive Building Consultants failed to properly manage and supervise their building services, noting that Mr Commerford was employed as a technician at the time.
The SAT noted mitigating factors including, cooperation with the investigation, steps taken to improve processes and that the conduct was not of a fraudulent or dishonest nature.
Following the SAT outcome, Building and Energy referred the matter to the permit authority for appropriate action.
Building and Energy Executive Director Daniel Kearney said registered building surveyors have an important role in public safety when they certify.
"Certification of building work is a critical part of ensuring the safety, accessibility and structural integrity of buildings. In this case, deficiencies in the certificates created potential risks to the safety, health and amenity of building occupants," he said.
"All building surveyors have a duty to follow the relevant building codes and ensure their work is thorough and accurate. Proper supervision is essential, especially when less experienced practitioners are involved.
"It is pleasing that an agreement has been reached, but the case provides an important reminder that action will be taken against providers whose conduct falls short of the level of competence required."
Building and Energy has published a Code of Conduct for building surveyors.
