CONSUMER & BUSINESS ADVICE
Media Releases
2 November 2023

An entrepreneur offering tiny home kits for sale, telling consumers he would organise both council approvals and builders to carry out works, has been fined $4,000 for breaches of South Australia’s building laws.

In 2021, 24 year old Spencer William Porter of Clyde in Victoria operated a business called Property Magician, which had offered the sale and installation of tiny home kits around Australia.

In a prosecution brought by consumer watchdog Consumer and Business Services, the Adelaide Magistrates Court was told that Porter was contacted by a South Australian interested in purchasing one of the kits.

The consumer was told council approvals – if needed – were included in the purchase price, and that builders would be able to install both solar panels a composting toilet and a dual water tank if needed.

Porter was subsequently paid $27,500, but the kit was never provided or constructed.

The court was told that the month prior to sentencing, Porter had paid the consumer $35,000 as compensation for both the goods that were not provided and the site works undertaken by the consumer in anticipation of construction.

Magistrate Lynette Duncan fined Porter and the business a total of $4,000.

Commissioner for Consumer and Business Services, Dini Soulio, said, "Our licensing regime helps people choose a builder with confidence that the person they are hiring has the skills needed to do the job."

"In this case, the individual had made assurances he was neither licensed to do nor capable of offering.

"This case highlights why it’s so important for people to do their homework when engaging a builder. Ensuring a builder is licensed to do the job is a vital way of helping to protect your investment.

"We understand Porter is continuing to sell the kit homes, but is no longer purporting to manage the build of the properties."