A builder allegedly ignored council orders to stop work and illegally constructed two three-storey homes in Melbourne’s north-west without a proper permit.
The Victorian Building Authority (VBA) has filed criminal charges against Buildqa Pty Ltd and director Nicholas Artusa, alleging two townhouses and garages partially built in Attwood “went well beyond” their staged building permit for a slab.
A builder has been accused of failing to obtain the correct permit for townhouses in Attwood, north-west of Melbourne.Credit: Jason South
The industry watchdog won an injunction in the Melbourne Magistrates’ Court on Tuesday to force property owner Ihab Al Azhari – who is also a prominent pro-Palestinian activist – and the builder to down tools after a stop-work order from Hume City Council in December was allegedly ignored.
However, Al Azhari, who has not been charged over any breaches of council orders, said on Wednesday he was unaware of any earlier orders from the council regarding his $650,000 project.
“If the builder ignored, I don’t know. You can ask the builders,” he told The Age.
Al Azhari said he only discovered the problem when he asked Artusa why construction had stopped.
Ihab Al Azhari (centre, without keffiyeh) at the Land Forces Expo protest last September.Credit: The Age
“Basically, he said their office thought it was a complete building permit, when it was a staged building permit. And they’ve done work a little bit out of the staged building permit,” he said.
But the two buildings on Al Azhari’s land are already three-storeys tall, with some windows fitted and brickwork completed.
The VBA said the building permit issued last year only allowed work to the “Stage 1 – Slab Steel” stage and included five mandatory inspection requirements.
However, Al Azhari said: “It’s a very small matter. It’s not a big matter.”
A magistrate has ordered Al Azhari and Buildqa to hire a building surveyor at their own expense to assess the compliance of the townhouses and work out if any remediation was required.
Al Azhari said on Wednesday he was confident the works were up to standard, but added: “I’m sacking everybody and getting new builders to continue.”
If found guilty of breaching the Building Act, Buildqa faces fines of up to almost $1 million, while sole company officer Nicholas Artusa could be fined $100,000.
Artusa was repeatedly contacted for comment but his lawyer, Michael Witt, said he would not be commenting because the matter was before the courts.
Al Azhari said he obtained planning permit approval from Hume City Council but found out about the building permit legal action only when the VBA called him last month.
“If anyone got hurt, it’s me,” he said.
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