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Posted: 2024-10-01 03:29:02

A Perth builder which is fighting to retain its building registration after failing to complete hundreds of homes has now rebranded as a property sales company.

Western Australia's Building Services Board deregistered Nicheliving in July, saying it was not confident the company could pay its debts when they fell due.

But a stay order issued by the State Administrative Tribunal (SAT) allowed Nicheliving to continue operating until a full review takes place in November.

The Niche group has now moved much of its building and property work under an entity called Australian Property Alliance.

The APA website lists is services across house and land developments, property management, and finance advice.

But the website contains no mention of the company's connections to Nicheliving or its directors Ronnie Michel-Elhaj and Paul Bitdorf.

This is despite a listing on the REIWA website confirming APA shares the same address and directors as Nicheliving.

The Nicheliving website now lists few building projects.

Niche fighting for survival

The initial decision to deregister Nicheliving was a huge relief to customers with unfinished homes, as it would have allowed them to claim up to $200,000 in indemnity insurance to complete the work.

Homes under construction by Nicheliving in Willeton

The State Administrative Tribunal heard Nicheliving has 200 outstanding building projects, some of which date back to 2019. (ABC News: Alicia Hanson)

The stay order has since left unhappy customers in limbo, with the SAT hearing about 200 customers, some of whom signed contracts as far back as 2019, were still waiting for their homes to be completed.

Some have told the ABC they were facing homelessness and were close to bankruptcy, as their properties remained unfinished years past the completion dates specified in their contracts.

Customer shocked

Janine Carter, 58, who's been waiting for her Nicheliving home in Tapping in Perth's north to be built for almost four years, was shocked to learn of the company's rebrand.

"I'm worried that they're going to be moving assets into a different company or just running under a different company name to suck more people in because the name Nicheliving has been tarnished so much," she said.

"I don't want to see anyone else in the same position as what we're in."

The single mother signed on for a Nicheliving home in December 2020, which was supposed to be finished by July 2022.

A middle-aged woman sits on a pile of bricks.

Janine Carter's home is more than two years behind schedule. (ABC News: Courtney Withers)

She said an extension was successfully sought by Nicheliving until April 2023, but the build is still largely unfinished.

"You can't plan ahead because you just don't know when you're ever going to be in, and at this stage, I don't think I ever will be," she said.

When the company was deregistered in July, Ms Carter reached out to three building companies who were all willing to take on and finish her build — she was about to receive quotes and was ready to access her home indemnity insurance.

Wooden planks and stacks of bricks are seen at an unfinished building site.

Work is incomplete at the Tapping site. (ABC News: Courtney Withers)

"We thought we had a light at the end of the tunnel and then it got taken away from us and I can just see that this is going to keep dragging on and on," she said.

Ms Carter believes the government needs to do more to help customers like herself now left in limbo waiting for the outcome of November's review.

"Surely [the government] can overturn SAT's decision," she said.

Worksafe investigating Nicheliving sites

In the meantime, the company has faced further scrutiny of its building sites by Worksafe, which issued nine improvement notices over the state of unfinished properties in Willetton.

The notices related to excessive rubbish at the sites, lack of security and fencing.

The company has until Friday to make the necessary changes.

Homes under construction by Nicheliving in Willeton

Worksafe has issued nine improvement notices over homes under construction by Nicheliving in Willetton. (ABC News: Alicia Hanson)

A credit report for the company shows its debts have continued to grow, with a tax debt of almost $3.8 million. The new brand, APA, also has a tax debt of $1.2 million.

The company is also facing legal action from a number of unpaid contractors, including a $20,000 claim from a heritage assessment company and $10,000 from a roofing firm.

Violent altercation with reporter

Nicheliving director Ronnie Michel-Elhaj has also come under fire over an altercation with channel seven reporter Geof Parry on September 29.

Mr Parry approached Mr Michel-Elhaj outside a house Nicheliving is currently building for Mr Michel-Elhaj's wife.

Mr Parry asked him why he was working on the house rather than prioritising his customer's homes.

Mr Michel-Elhaj attempted to grab Mr Parry's microphone, lunged at the camera and physically grabbed Mr Parry, at one point tackling him to the ground.

Mr Michel-Elhaj then followed the news crew across the street, stating repeatedly that he did not wish to be filmed.

WA Premier Roger Cook condemned the behaviour in a media conference on Monday.

"Violence is never OK," Mr Cook said.

"We particularly deplore the fact that someone is going about their work, in this case Geoff and his camera team, simply asking questions consistent with their job.

Roger Cook speaking at an outdoor press conference

Roger Cook has urged Nicheliving to prioritise customer home builds. (ABC News: Callum Liddelow)

"And my message to Nicheliving is: 'Ronnie, read the room'.

"It's not OK that you look after yourself and your home when you have literally hundreds of clients that are still not being able to get into their own homes that you are under contract to build."

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