PHOTO: Sydney Mum Faces Jail And Demolition Order Over Multi-Million Dollar Mansion. SMH
Court Orders Luxury Home Demolished After Years Of Planning Disputes
A Sydney homeowner could face jail and be forced to demolish a multi-million-dollar mansion after a lengthy legal battle over alleged breaches of planning approvals.
The case has reignited debate around planning laws, council powers and whether homeowners should be forced to tear down completed properties that exceed approved building consents.
At the centre of the dispute is a sprawling mansion in Sydney’s prestigious suburb of Strathfield, where a family has spent years fighting local authorities over a luxury home that allegedly went far beyond its original approved plans.
🏠 The Mansion At The Centre Of The Dispute
The property, located on Boden Avenue in Strathfield, was originally approved in 2017 for the demolition of an existing dwelling and construction of a new two-storey home with basement parking and a swimming pool.
However, according to court documents, additional features were allegedly constructed without approval, including:
✅ A spa room
✅ A gym
✅ A playroom
✅ A cool room
✅ A significantly enlarged basement
Authorities claim the basement became so extensive it effectively created a third storey beneath the home.
⚖️ Stop Work Orders Allegedly Ignored
The dispute escalated in 2020 when Strathfield Council issued a stop-work order after identifying unauthorised additions to the project.
According to the court proceedings, the order was not complied with and construction continued.
What followed was a four-year legal battle involving extensive correspondence, planning disputes and multiple court appearances between the council and the homeowners.
🚨 Court Orders Family To Vacate And Demolish
In 2024, the Land and Environment Court ordered homeowner Sarah Malass to:
- Vacate the property within 10 months
- Demolish the unlawful works within 12 months
The court also found that Mrs Malass had previously breached court orders restricting building works on multiple occasions.
Judge Nicola Pain described the breaches as wilful and noted the family continued to occupy a largely completed dwelling for which no occupation certificate had ever been issued.
A family has been ordered to move out of and demolish their hulking mansion in Strathfield
Boden Avenue is a quiet, residential street lined with a mix of red brick terraces and modern homes complete with heavy security (pictured)
When the Daily Mail visited the property, Rabi Malass said his family would not comment until after the hearing but claimed they were not living at the property
💰 The $10 Million Demolition Claim
During the legal proceedings, Mrs Malass argued that demolishing and rebuilding the home would cost approximately $10 million.
However, the court found there was insufficient evidence provided to support that figure.
Judge Pain also questioned claims of financial hardship, noting evidence showed ongoing mortgage repayments exceeding $43,000 per week and company ownership of several valuable properties.
The court ultimately rejected an application for an extension.
The dispute on Boden Avenue began when the home was built beyond the council-approved development application
Pictured, the sprawling property has an outdoor dining area and swimming pool
🏛️ Why The Judge Refused More Time
In rejecting the request for additional time, the court stressed the importance of maintaining the integrity of the planning system.
Judge Pain found that allowing the homeowners to continue benefiting from unauthorised works would undermine the entire planning framework.
The judgment stated that extending compliance deadlines would effectively reward breaches and continue adverse impacts on neighbours and the wider community.
👥 Neighbours Divided Over The Property
The mansion has become one of the most talked-about homes in the area.
Some local residents described the property as a “monstrosity”, criticising its scale and visual impact on the street.
Others appeared less concerned, arguing that many nearby homes are large and luxurious.
The controversy highlights the tension that often arises when high-end developments push the limits of local planning rules.
Pictured is an aerial view of the property, which boasts a large basement garage
📈 A Growing Issue In Property Development
Cases involving unauthorised building works are becoming increasingly common as councils across Australia and New Zealand tighten enforcement of planning and building regulations.
For homeowners, developers and investors, the case serves as a stark reminder that:
Planning Approval Matters
Building beyond approved plans can create significant legal risk.
Stop Work Orders Must Be Taken Seriously
Ignoring enforcement notices can lead to escalating penalties.
Occupation Certificates Are Critical
Without them, a completed home may not be legally occupied.
Courts Can Order Demolition
Even multi-million-dollar homes are not immune from enforcement action.
The Daily Mail observed unidentified people driving into the underground car park
💡 Could This Happen In New Zealand?
The short answer is yes.
While the legal framework differs between Australia and New Zealand, councils on both sides of the Tasman have powers to enforce building consents, resource consents and planning approvals.
In serious cases, property owners can face:
- Enforcement orders
- Fines
- Court action
- Remediation requirements
- Demolition of unlawful structures
Most disputes are resolved long before reaching that stage, but this case demonstrates the potential consequences when compliance issues remain unresolved.
🔮 What Happens Next?
The legal battle has now returned to court, with Strathfield Council reportedly seeking contempt findings, financial penalties and enforcement of the demolition orders.
The outcome could set an important precedent for future planning disputes involving large residential developments.
For now, the luxury mansion remains standing, but its future hangs in the balance.
📍 Property Noise View
This case raises an uncomfortable question.
Should homeowners be forced to demolish a completed multi-million-dollar property if it breaches planning rules?
Many will argue the punishment is excessive.
Others will say planning laws only work if they apply equally to everyone, regardless of wealth or property value.
Whatever your view, the Strathfield mansion saga serves as a powerful reminder that ignoring planning approvals can become a very expensive mistake.
SOURCE: THE DAILY MAIL