A multi-million dollar mansion will be demolished after a local council won a five-year court battle with the owners who built the home without seeking permission.
Sydney plumber Rabi Malass and his 34-year-old wife, Sarah, bought a coveted block of land in Strathfield, in Sydney’s inner west, for $2.8mllion in 2017.
The home on Boden Avenue was already DA approved for a knock-down and rebuild but the couple wished to make alterations to the existing plans.
They hired an architect to redesign the layout and the façade of the home who they believed had engaged with the Strathfield Council to seek approval.
But as Sydney was plunged into lockdown amid the spread of Covid-19 in 2020, the couple were still yet to receive approval for the redesign.
Mr Malass made an ill-fated decision to push on with construction so his workers could remain employed as council became ‘uncontactable’ despite multiple calls.
He told the Land and Environment Court in 2023 that his architect had assured him council would not object to the minor changes, the Sydney Morning Herald reports.
But, his architect had also urged Mr Malass to wait for approval as he might need a building information certificate (BIC) to protect the unauthorised works.
Rabi and Sarah Molass have been ordered to demolish their multi-million dollar home on Boden Avenue, Strathfield, in Sydney’s Inner West (pictured, second from the bottom)
Mr Malass told the court he was later shocked to discover his architect had never applied for approval for the modified development.
In September 2020, council issued a stop-work order following a slew of complaints from frustrated neighbours.
The issue escalated to the Land and Environment Court after a council inspector observed evidence building works were continuing.
Fed-up neighbours claimed they saw workers in high-vis on a daily basis, heard drilling and even saw dust and smoke coming from the home.
But, construction still didn’t stop.
Council inspected the property 10 times between June 2021 and September 2022 and observed ‘significant building activity’ at the home.
A number of new features had been added without approval including a spa room, parking space, gym, playroom and a cool room.
Meanwhile, Mrs Malass – who bought the property – has pleaded guilty to multiple contempt of court charges including continuing with unlawful construction work.
Mr Malass (pictured) has pleaded with a Land and Environment Court judge to save his home from demolition despite building the house without proper council approval
Strathfield Council has claimed construction continued on the multi-million dollar home (pictured) despite the council issuing a stop-work order
Council told the court the contempt resulted in the Malass’ putting the finishing touches on the new build and then unlawfully moving in.
Mrs Malass was fined $20,000 for contempt in November, 2022.
In 2024, Justice Nicola Pain issued an order for the family to vacate the property, demolish the unlawful work and comply with the original building plans.
Despite the demolition order, the home is still standing as the Malass’ make a last-ditch bid to salvage parts of the home.
The family has since lodged a new development application and made a formal request for a BCI.
The application would allow the family to remain in the existing home while partially demolishing the first floor and completing some construction work.
Strathfield Local Planning Panel rejected the applications, which are now under appeal before the Land and Environment Court.
Mr Malass told the court he has spent $700,000 in legal fees and that his plumbing business was in voluntary administration due to the ongoing legal battle.
Mrs Malass was ordered to pay council’s costs of more than $157,000 in addition to hundreds of thousands of dollars it is seeking in legal fees.
