Little work progresses at Belle Apartments in Bruce as rectification deadline passes

The deadline to complete about $5 million of rectification work has passed, yet little work has been done to fix the defects throughout the 120-unit complex.

Canberra builder Victory Homes was served a rectification order on March 22, 2019, after Access Canberra inspectors found defects affecting more than 50 of the 120 units in the complex.

Among the issues identified were cracks to the building facade, water entering the building, corrosion to balcony beams and cracked planter boxes.

Despite the ACT government giving Victory Homes a deadline of mid-December 2022 to complete the works, there has been little progress.

And the work that has been done was completed without an approved program of works, which was required within 28 days of the builder receiving the rectification order in 2019.

In a letter to the ACT government's building and planning compliance team, the lawyer representing the Belle Apartments executive committee raised a number of issues about the rectification works.

The committee sought a stop work order in January 2023 due to the absence of a compliant program of works and "the continued haphazard way in which of Victory Homes has conducted itself", the letter read.

"Noting that Peak Consulting has estimated the rectification work to cost around $5 million, the two-page bullet-point list that Victory Homes alleges is a 'program' is unacceptable," Mills Oakley partner Bernice Ellis wrote.

"Our client has not consented to any program of works and has not had an opportunity to question a proposal put forward by Victory Homes.

"Despite this lack of consent, the work has progressed."

The ACT government's rectification order stated the program of works must "clarify the full scope of works and outline a clear and detailed methodology for rectifying the building defects" and include "sufficient plans and drawings to enable a building approval to be issued".

ACT government representatives met with the executive committee on March 7 to discuss their concerns about the situation.

But since then, the committee said it has not received any communication from the government or any response to the letter sent on March 21.

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Unit owner and executive committee member Jose Alejandro Ruiz said residents felt neglected.

"Where's the government?" he said. "They've ghosted us.

"It's just absolutely disappointing. It's distressing. It's affecting all of our livelihoods."

The letter also raised "multiple instances of noncompliance" by Victory Homes in the four years since the ACT government issued the rectification order.

This included failing to begin work for more than three years and failing to obtain a valid extension of time before the deadline of December 14, 2022.

In response to a series of questions from The Canberra Times, an ACT government spokesperson said there were "regulatory actions under way in relation to Belle Apartments".

"Failure to comply with a rectification order within a given timeframe may result in a matter being referred to the Director of Public Prosecutions and/or action being taken to restrict, suspend or cancel an occupational licence," the spokesperson said.

In its letter to the ACT government, the committee's lawyer also raised concern about the "serious safety risk" posed by the rectification work underway.

"The building is home to a diverse range of residents including those who are non-English or English-as-a-second language speakers," Ms Ellis wrote.

"There are disabled residents and the accessible areas and access points of the building have been rendered unavailable due to the rectification works blocking off entrances and exits."

Some parts of the construction area were cordoned off by a simple piece of tape, owner and executive committee member Deniss Cirulis said.

"There are deep garden beds in the middle of the two buildings that have been excavated and left empty for months," he said.

"There is no project manager, there is no risk or impact assessment. There is no clearly defined scope or schedule."

The executive committee has requested an inspection of the site by government health and safety officials.

Victory Homes director Martin Crncevic did not respond when contacted by The Canberra Times.

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