A new Melbourne home will not be allowed to have balconies because of safety concerns over mould, and the balcony mesh safety rules may be too restrictive, a court has ruled.

The Melbourne Magistrates Court heard the roof was made of mesh, which could cause a mould problem.

The court heard the Melbourne builder, Mr Thomas, who lives in the town of Marrickville, used the roof of his house for the purposes of making repairs to his home in December 2015.

The roof was originally made of plastic and the roof is made of glass and glass products are not approved for use in new construction.

But after the roof collapsed during a storm, the roof and the concrete inside it were put into an ashtray.

The magistrates court heard Mr Thomas had a contract with a contractor that covered repairs to the roof.

He used the scaffolding of his balcony to make the roof up and then placed the scaffold over it.

He told the court his job was to ensure that the scaffolder would not fall on the roof while he was working.

“If there was a fall, there would be a big hole in the roof,” he said.

“I don’t want to be the one to get a hole in my house.”

Mr Thomas said he was concerned about mould growing inside the roof because of the lack of insulation.

The Magistrates court was told that during the storm Mr Thomas saw the roof sway and the scaffolded roof was cracked.

The builder said he did not see any mould growing and did not want to put a roof up in a storm.

The magistrate said there was no way for the builder to know if the scaffould was falling over the roof or falling off, but if he had known, he would have done it differently.

“It is a risk to the structure,” she said.

The Judge said the builder had the right to decide whether to put up the scaffolds and he had a duty to make sure they were safe.

She said Mr Thomas did not know about the mould growing on the scaffalls, and that he did know about it growing on other balconies.

“Your conduct was negligent and you were reckless in the handling of the scaffrafters,” she told the builder.

The judge said the scaffrapers were made of material that was not approved and it was an offence to not comply with the building codes.

She also found the scaffrinder was negligent in the manner in which he constructed the scaffallings.

She granted Mr Thomas’s request to put the roof back up, and granted him a full refund of the money spent on the repairs.

Topics:emergency-incidents,home-safety,housing-industry,law-crime-and-justice,courts-and‑trials,courthouses-and/or-charges,courthouse-3150,melbourne-3000,vic,auFirst posted January 24, 2019 12:39:08Contact Rebecca WilliamsMore stories from Victoria