Michael Frederick Jan Doevandans was charged with unlawfully carrying out building work, not providing a written contract for the work and demanding and receiving an excess deposit of 50 per cent from a Tinana (Maryborough) home owner.
Mr Doevandans pleaded guilty to the charges in Maryborough Magistrates Court and was ordered to pay compensation to the home owner of $12,474.55 and the QBCC’s legal costs of $2,779.70.
A QBCC spokesperson said it was imperative that people looking for someone to undertake any building or renovation work do all necessary research required before handing over their hard-earned money.
The QBCC spokesperson said that this was especially important in the wake of natural disasters, such as former Tropical Cyclone Alfred, when opportunistic unlicensed individuals often seek to take advantage of home owners looking to get building work done as quickly as possible.
Owners should ensure they only hire individuals or companies with the appropriate licences, ensure there is a contract in place and familiarise themselves with what deposit amounts can legally be requested.
The QBCC spokesperson said this latest conviction should be a wake-up call for anyone considering performing illegal building work.
The QBCC spokesperson said anyone flouting the law by pretending to be a QBCC licensee or who was not appropriately licensed, would face prosecution, which could lead to hefty fines, criminal convictions and more seriously, jail time.
Home and property owners should always use the free licence check on the QBCC website to confirm that the person they are dealing with is appropriately licensed, the spokesperson said.
Additionally, they should not pay excessive deposits or pay ahead of time, and can obtain information about maximum allowable deposit amounts from the QBCC website.
For the 2024-25 financial year to date, the QBCC has had outcomes in 20 prosecutions resulting in more than $277,000 in fines, costs and compensation.
Background—unlawfully carrying out building work
Unlawfully carrying out building work is an offence under section 42 of the QBCC Act and attracts an escalating series of penalties for each offence.
For a third or later offence, an offender may be prosecuted upon indictment before the District Court, as they are alleged to have committed a crime.
Background—deposits
The QBCC Act sets out maximum deposit amounts that can be requested by a contractor.
Maximum deposit amounts:
- For jobs priced at $3,300 or less, home owners should pay no more than a 20 per cent deposit.
- If the contract price is between $3,300 and $19,999, the maximum deposit is 10 per cent.
- For work of $20,000-plus, the maximum deposit allowed is 5 per cent of the contract price. (An exception applies than 50 per cent of the value of the work is performed offsite, in which case a deposit of up to 20 per cent is allowable.)