VBA Issues Reprimand and $15,000 Penalty Over Dallas Building Site

Findings from 12 Tooradin Avenue, Dallas

Registered domestic builder Hasan Kaya (DB-U 47458) has been reprimanded and fined by the Victorian Building Authority (VBA) after an investigation into his conduct at a project located at 12 Tooradin Avenue, Dallas. The VBA decision, dated 19 February 2025, followed a show cause process that identified multiple breaches of building regulations and unprofessional conduct.

Serious Failures in Building Practice

The VBA found that between February 2017 and March 2018, Hasan Kaya committed several breaches while undertaking building work at the Dallas property. These included:

• Failing to issue accurate tax invoices to the homeowners

• Failing to ensure a building permit was obtained and in force

• Failing to enter into a compliant Major Domestic Building Contract (MDBC)

• Failing to carry out the work in a proper and workmanlike manner, resulting in material damage to the site

The VBA also noted that Kaya either made or supported false or misleading statements regarding the remedies available to the owners. These actions were deemed to be below the standard required of registered builders under regulation 1502(a) of the Building Interim Regulations 2017 and section 179(1)(a)(i) of the Building Act 1993.

Unprofessional Behaviour Towards Clients

In addition to technical and contractual failures, Hasan Kaya was also found to have engaged in unprofessional conduct under section 179(1)(b) of the Building Act. In January 2018, he sent an insulting and demeaning text message to the owners of the site. The nature of this communication led to the issuance of an Intervention Order by the Magistrates’ Court, where Kaya was named as a respondent.

The VBA concluded that this behaviour brought the building profession into disrepute and fell significantly below the standards expected of a registered building practitioner.

Disciplinary Action and Penalty

As a result of the findings across three separate grounds, the VBA imposed the following actions:

• A formal reprimand under section 178(a) of the Building Act 1993

• Financial penalties totalling $24,000, capped at $15,000 under section 178(d)

These penalties reflect both the seriousness of the construction failures and the inappropriate conduct toward the property owners.

With disciplinary action now formally recorded against Hasan Kaya, this matter underscores the minimum regulatory standards expected of domestic building practitioners in Victoria and the significant consequences that may arise from non-compliance or unprofessional conduct.