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Rogue builder guilty of carrying out dangerous work

A Swindon builder has been found guilty of two breaches of the Consumer Protection from Unfair Trading Regulations Act 2008 and a fraud offence, all relating to building works carried out at a property in Marlborough.

Published 11 October 2024

Following an investigation by Wiltshire Council's Trading Standards officers, Sebastian Tomczak, 44, of Watchfield, Swindon was sentenced on Friday 11 October at Swindon Crown Court. He had also previously pleaded guilty to two further consumer protection offences at an earlier hearing.

At the hearing, Mr Tomczak was given a 12-month community order and must carry out 200 hours of unpaid work. He was also ordered to pay compensation of £4,669.40 to the victims, an amount equal to the cost of correcting the work he had carried out.

He had been contracted to carry out renovations at the property between August and October 2022, which included gas, electrical and structural works.  Mr Tomczak is not a registered member of a Competent Persons Scheme enabling him to self-certify for electrical works and is not on the Gas Safe register.  Mr Tomczak fraudulently issued the householders with an inspection certificate for the electrical work claiming it had been signed off by an electrician who had not visited the property. The householder, concerned about the safety of the electrical work, arranged for a qualified electrician to also visit and inspect the installation. Much of the work was found to be dangerous and not compliant with building regulations. Gas Safe has also subsequently inspected the work carried out to the gas supply, which was also found to be unsafe.

A council Senior Building Control Surveyor visited the property in December 2022, where it was found that an internal load bearing wall had been removed. The owners were advised not to use the room or load the floor until a structural engineer had inspected the works and remedial work had been completed.

During the same visit, it was also identified that the cavity around the patio doors installed by Mr Tomczak was not closed adequately. Without the addition of cavity closers, a damp proof membrane or any additional insulation, it was noted that issues such as damp would likely develop in the future.

Cllr Dominic Muns, Cabinet Member for Public Protection said: Rogue builders aren't always easy to spot and can cause misery to by carrying out incomplete work or work that is to an unacceptable standard.

We promote builders and businesses that we know to be safe, fair and compliant as great examples and would advise residents to use an approval scheme such as Buy With Confidence when they are looking for businesses to carry out work.

If anyone believes they have been the victim of a rogue trader, they should call Citizens Advice consumer helpline on 0808 223 1133.

The Gas Safe Register is the official list of businesses that are legally permitted to carry out gas work. To find a Gas Safe registered business people can visit www.gassaferegister.co.uk/find-an-engineer-or-check-the-register (opens new window)

More information about Buy with Confidence can be found at www.buywithconfidence.gov.uk (opens new window).

Competent Person Schemes were introduced by the Government to allow individuals and businesses to self-certify that their work complies with Building Regulations as an alternative to using an approved inspector. To check if an installer is registered with a Competent Person Scheme people can visit www.competentperson.co.uk (opens new window).

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