Decision of the Disciplinary Panel
Date of Decision: Monday 08 – Friday 12 January 2024, and Thursday 18 January 2024 and Thursday 04 April 2024 and the Panel met in camera on 15 and 16 January 2024
Case of: Mr Daniel Roberts
RICS Membership Number: 1298209
Location: Australia
The formal charge against Mr Roberts are as follows:
Daniel Roberts (“Mr Roberts”) appears before the RICS Disciplinary Panel in connection with the following allegations (as amended in this hearing):-
1. a. Mr Roberts deliberately damaged Goodwin Street Developments Pty Ltd’s property / properties, or caused them to be damaged, in the following ways:
i. circular saw cuts through structural floor beams and wall structures,
ii. drill holes in the valleys of the roof iron box gutters,
iii. concrete inserted into to tops of sewer pipes,
iv. power cables made unserviceable,
v. internal wall sheeting damaged with hole punctures,
vi. holes punched into external cladding and / or ceilings,
vii. damaged bathroom waterproofing;
b. Mr Roberts deliberately removed or caused to be removed the following items from the property / properties:
i. Internal doors,
ii. External doors,
iii. Sliding glass windows,
iv. Internal stairs,
v. Skylights;
c. As a result of his actions at (a) and (b) above, he caused damage of around $586,000 (Australian);
Contrary to Rule 1 Rules of Conduct
Mr Roberts is therefore liable to disciplinary action under byelaw 5.2.2(c)
2. a. Mr Roberts, whilst working on the property / properties, failed to exercise due skill, care or diligence in that he was responsible for one or more of the following defects:
i. missing stormwater pipe,
ii. exposed unsupported pier footing,
iii. termite protection system not installed,
iv. no recess for vanity,
v. external steel not hot dip galvanised,
vi. internal steel not painted,
vii. laundry window missing and incorrectly sized doors installed,
viii. windows in bathrooms in incorrect places,
ix. windows in kitchenette in incorrect places,
x. frame built on sewer pipe,
xi. no step down from concrete slab,
xii. black mould on timber frames,
xiii. loose bracing,
xiv. floor sheeting moves up and down,
xv. wet area wall lining not fixed as required,
xvi. waterproofing to showers,
xvii. wrong board used on fascia,
xviii. sliding door tracks not flush with floor,
xix. beams not supported by piers,
xx. damaged foil sarking,
xxi. air conditioning drains drip outside the building,
xxii. downpipe not fitted correctly – no sump and overflow,
xxiii. inadequate flashings around windows and sliding doors,
xxiv. wrong size reveals on window,
xxv. incorrect painting of window architraves,
xxvi. downpipes from top roof drain into lower roof,
xxvii. penetrations not sealed,
xxviii. loose external wall linings,
xxix. missing insulation,
xxx. manholes sealed,
xxxi. hallway too narrow,
xxxii. loose tie down straps,
xxxiii. temporary formwork not removed,
xxxiv. inadequate clearances over doors and windows,
xxxv. no sill framing support,
xxxvi. defective framing bolt,
xxxvii. Private certifier inspection approvals.
b. His actions at (a) above resulted in the loss of around $300,000 (Australian)
Contrary to Rule 3 Rules of Conduct
Mr Roberts is therefore liable to disciplinary action under byelaw 5.2.2(c)
Finding: charge 1 proved and charge 2 not proved
Sanction: Expulsion
The Disciplinary Panel also made order to costs
Published date: 09 April 2024