Raco v Building Professionals Board [2015] NSWCATOD 102

Raco v Building Professionals Board [2015] NSWCATOD 102

The variations were inconsistent with the development consent and construction certificate because the building envelope changed significantly: a two-storey wall was reconfigured from stepped to straight and from squared to angled, the roofline changed, internal room shape and dimensions were affected, and condition C.1(f) required the ledge and roof above to be deleted in their entirety, which was not done. By approving those changes without requiring a s 96 modification, Mr Raco fell short of the standard expected of a reasonably competent accredited certifier and engaged in unsatisfactory professional conduct. A reprimand and $5,000 fine were appropriate, at the lower end of the range,...

Jurisdiction
Australia
Judgment Date
28 September 2015
Procedural Posture
Administrative Review of a Disciplinary Decision Concerning an Accredited Certifier / Review of the Building Professionals Board's Finding of Unsatisfactory Professional Conduct and Penalty
Outcome
The decision of the Building Professionals Board is affirmed.
Legal Topics
['accredited Certifier Discipline' 'unsatisfactory Professional Conduct' 'construction Certificate Compliance' 'development Consent Inconsistency' 'section 96 Modification' 'environmental Planning and Assessment Regulation 2000 (nsw), Cl 145(1)(a)']
['administrative Law' 'professional Discipline' 'planning and Development' 'building Certification'] ['accredited Certifier Discipline' 'unsatisfactory Professional Conduct' 'construction Certificate Compliance' 'development Consent Inconsistency' 'section 96 Modification' 'environmental Planning and Assessment Regulation 2000 (nsw), Cl 145(1)(a)']

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Procedural Posture

Administrative Review of a Disciplinary Decision Concerning an Accredited Certifier / Review of the Building Professionals Board's Finding of Unsatisfactory Professional Conduct and Penalty

Legal Issues

  1. 1 ['Whether Mr Raco failed in his role as principal certifying authority to ensure that the floor slab and north side external wall of the first floor level were being erected in compliance with the development consent and construction certificate.' 'Whether the variations to the approved plans and specifications were not inconsistent with the development consent.' "Whether Mr Raco's conduct amounted to unsatisfactory professional conduct under the Building Professionals Act 2005 (NSW)." 'Whether a reprimand and $5,000 fine were appropriate disciplinary action.']

Ratio Decidendi

The variations were inconsistent with the development consent and construction certificate because the building envelope changed significantly: a two-storey wall was reconfigured from stepped to straight and from squared to angled, the roofline changed, internal room shape and dimensions were affected, and condition C.1(f) required the ledge and roof above to be deleted in their entirety, which was not done. By approving those changes without requiring a s 96 modification, Mr Raco fell short of the standard expected of a reasonably competent accredited certifier and engaged in unsatisfactory professional conduct. A reprimand and $5,000 fine were appropriate, at the lower end of the range,...

Court Disposition

The decision of the Building Professionals Board is affirmed.

Orders

  • ['The decision of the Building Professionals Board is affirmed.']