| CITATION: | Queensland Building Services Authority v Chandra & Anor [2013] QCAT 628 |
| PARTIES: | Queensland Building Services Authority (Applicant) |
| v | |
| Mr Suresh Chandra (Respondent) And Building Approval And Inspection Consultants Pty Ltd |
| APPLICATION NUMBER: | OCR055-12 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | 14 October 2013 |
| HEARD AT: | Brisbane |
| DECISION OF: | Member King-Scott |
| DELIVERED ON: | 22 November 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Mr Chandra never be re-licensed as a building certifier by the QBSA; 2. Mr Chandra pay a penalty to the QBSA in the amount of $10,000 by 4.00 pm on 28 March 2014; and 3. Mr Chandra pay the complainant, Mr Niessl, the sum of $44,522.31, being the amount required to complete the work by 4.00 pm on 28 March 2014; 4. Mr Chandra pay the complainant, Mr Niessl, interest of $7,500.00 on the said sum by 4.00 pm on 28 March 2014. |
| CATCHWORDS: | OCCUPATIONAL REGULATIONAL MATTER – DISCIPLINARY PROCEEDINGS – FORMER BUILDING CERTIFIER where retrospectively certified conversion of non habitable space (garage) to habitable space (bedrooms) without carrying out proper inspection or satisfying himself of all relevant facts. Water incursion causing damage and loss of amenity because of failure to waterproof walls. Respondent incompetent and lacking integrity. Repeat offender, fine inadequate, protection of the public warranted that he not hold licence again. |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | Mr S Formby of counsel for the Applicant |
| RESPONDENT: | Mr Greg solicitor for the Respondent |
REASONS FOR DECISION
This is a Disciplinary proceeding conducted pursuant to s 208 of the Building Act 1975. The Applicant is the Queensland Building Services Authority (“QBSA”), the Respondent, Suresh Chandra, was, at the time, a licensed private Certifier.
Mr Richard Anthony Niessl and his wife purchased a house at 71 Grays Road, Gaythorne in May 2008. It was a 5-bedroom renovated Queensland-style house.
Mr Niessl and his wife were informed by the real estate agent who sold the house to them that all renovations were completely certified. In addition, he was provided with approved plans for the works and inspection reports certified by Mr Chandra, confirming the renovations had been approved. Prior to the 2004 renovations, the lower storey had comprised a bedroom, laundry, rumpus room and garage. In 2004, the renovations converted the garage area into two bedrooms with a walk-in wardrobe.
Mr Chandra was a licensed building certifier under the Building Act 1975. He was approached in 2005 by the former owner of the property to retrospectively certify the 2004 renovations. Mr Chandra accepted the engagement and completed a Development Application Form as required by IDAS.[1] Mr Chandra says that the work he was required to inspect were only cosmetic items. The final inspection was non-invasive and the walls had been sheeted and the floors carpeted. As will appear later in these reasons what Mr Chandra was required to certify was the satisfaction of the requirements of the Building Act 1975 and regulations thereunder for the conversion of a non habitable space (the garage) to a habitable space (the bedrooms), and…
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- Case
- [2013] QCAT 628
- Decision Date
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