Developers ‘flying blind’ on safety laws as building authority cracks down

NSW Building Commissioner David Chandler has called for change in the industry, claiming many buildings aren’t constructed completely to Australian standards.

NSW Building Commissioner David Chandler said all buildings should be up to Australian standards. Picture: Tim Hunter

The state’s leading construction authority has called for change in the building industry, claiming that many buildings aren’t constructed completely to Australian standards.

NSW Building Commissioner David Chandler issued his warning as he referenced comments made by builder Omar Abdul-Rahman who said that he’d “never been at a job site ever which has been built to standards”.

OandE Developments director Omar Abdul-Rahman has developed millions of dollars’ worth of property in Canterbury-Bankstown, Strathfield and Burwood council areas.

Council documents and published court decisions reveal Mr Abdul-Rahman personally — and some of the seven companies of which he is a director — have been named in at least 10 incidents since 2012 where construction workers have breached planning and environment laws.

These incidents include collapsing walls, illegally chainsawed trees, unlawful fill dumping and structures erected without approval.

Property developer Omar Abdul-Rahman.

“He publicly confessed that [buildings weren’t built completely] to an Australian standard and he didn’t know anyone else who did either,” Mr Chandler said of the ­­46-year-old Mr Abdul-Rahman at a ­recent Business Western Sydney event.

“He has drawn absolute anger from everyone in the industry suggesting that none of them use Australian standards.

“But I can assure you that by and large most people fly blind, they don’t use Australian standards.”

Mr Abdul-Rahman told The Sunday Telegraph in January: “Which job site is really built to Australian standards 100 per cent? I’ve never been at a job site ever which has been built to standards.”

OandE Developments is currently in the NSW Land and Environment Court challenging a stop work order which was placed on his Strathfield apartment block on January 27 by the NSWBC.

That order was based on evidence of “serious structural compromise” to the property, according to the NSWBC order published by NSW Fair Trading.

The Sunday Telegraph understands both parties have made significant progress in resolving the legal matter.

A wall collapsed at a building site on Liverpool Rd in August, 2020.

That same inner west location was the site of a wall collapse in ­August 2020, where tonnes of bricks spilt onto Liverpool Rd at night.

A council source said “it is a constant headache”.

“We are talking about people’s homes here, yet he is building a product that is potentially dangerous and defective,” they said.

Mr Abdul-Rahman did not ­respond to requests for comment.

BUILDINGS BY OMAR ABDUL-RAHMAN AND HIS COMPANIES

What councils and courts say about developer Omar Abdul-Rahman and his company’s developments.

August 2020

6 Burwood Rd, Belfield

Mr Abdul-Rahman was issued with a compliance notice and then demolition order for having “constructed brick walls in the rear yard for the purposes of an outdoor dining area, in breach of section 4.2 of the Environmental Planning and Assessment Act 1979”, according to council documents.

August 2020-present

319-321 Liverpool Rd, Strathfield

In August 2020 a front wall of the building collapsed onto Liverpool Rd, with SafeWork NSW issuing orders and fines.

Further investigation by SafeWork NSW has resulted in a stop work order being issued in January 2021 by the NSW Building Commissioner due to defects in construction standards.

The council alleges that there has been no construction certificate being obtained prior to above basement car park works, no safety measures related to the hoarding, pedestrian access and barricades at night and a failure to pay developer contributions of $64,778.

July 2020

325-329 Liverpool Rd, Strathfield

The site has no construction certificate for construction above the basement car park, the council alleges.

There is also an alleged failure to pay levy of $12,401, damage deposits of $7800 and s94a developer contribution of $35,432.

The council alleges that there have also been breaches in providing safety measures related to the hoarding, pedestrian access and barricades at night.

2017-2019

1 Bede St, Strathfield South

Bede St Developments, of which Mr Abdul-Rahman is the sole director, were issued with “various penalty infringement notices for construction activities breaching consent (no standing permit, working out of construction hours and insufficient sediment and erosion control”, according to council documents.

The building site at 319 Liverpool Rd, Strathfield was the location of a wall collapse.

March 2017

185 Georges River Rd, Croydon Park

A council inspection was done following unlawful works to a heritage item.

“Council officers issued a stop work order (and) during this time, Mr Omar Abdul-Rahman sold the premise to another person and legal action was taken against the new owners for the breach,” council documents said.

“The courts imposed an $8000 fine and $2500 in costs.”

March 2017

559 Liverpool Rd, Strathfield South

DO Developments Pty Ltd, of which Mr Abdul-Rahman is a co-director, was ordered in March 2017 to “remove fill from site and restore to previous levels” and fence the area properly, according to council documents.

December 2017

Burwood

He was found guilty in the NSW Land and Environment Court of cutting down a mature Lemon-Scented Gum without council approval in late 2015.

Mr Abdul-Rahman told the court he was “the victim of a conspiracy”.

He was found guilty and fined $56,000 plus costs.

Council documents say further action has commenced at this site in 2020/21 in relation to the front sandstone fence and hardstand driveway.

“Orders have been commenced and if not complied with, further legal action in the Land and Environment Court will be taken,” council alleges.

July 2014

316 Parramatta Rd, Burwood

The unit block next to Dan Murphy’s was constructed according to the plans, but there were “six development consent breaches and one pollution matter were detected and fines issued”, council documents said.

October 2013

227 Wangee Rd, Greenacre

Mr Abdul-Rahman sought retrospective consent for works which had been undertaken without Council’s approval, according to council documents.

Mr Abdul-Rahman was ordered by the NSW Land and Environment Court to remove “additional floor area and roof to the rear bedrooms and provide a recessed balcony which does not extend beyond that approved in the development consent”.

August 2012 and November 2013

Madeline St, Belfield

Adam’s Cabling, of which Mr Abdul-Rahman is a co-director, was issued with penalty infringement notices to remove overgrown vegetation and to clean illegally dumped fill, according to council documents.