Story by Jewel Topsfield

A $200,000 basketball stadium built at Black Rock Primary School under the federal stimulus program does not comply with building regulations and is unsafe for anything but storage.

School council member Mandy Grogan says the school is in breach of the law and has put the safety of children at risk by using the stadium for sports lessons.

Mandy Grogan at the basketball stadium that does not comply with building and fire regulations - Photo: Justin McManus

Black Rock Primary received $200,000 from the federal government to extend the school hall and build a gymnasium.

However, an inspector from Bayside City Council said the stadium only had a building permit for a class 10a building - a ''non-habitable building being a private garage, carport, shed or the like'' - under the Building Code of Australia.

Despite this, Ms Grogan said she had been advised by members of the school community that the stadium had been used for sporting activities, performances and presentations since the beginning of this year.

Principal Julie Luiten did not return calls from The Age.

An Education Department spokesman said the school had been asked to provide an explanation.

''All schools must comply with all building requirements for any new construction and Black Rock Primary School has been told it cannot use the facility until the matter is resolved,'' he said.

The spokesman said the project had been managed by the school.

Ms Grogan said the stadium had no ventilation or fire safety equipment and that one parent told her a child had fainted because it was too hot.

''Why did the principal of the school knowingly allow the building to be used by the students for sports and performances when it did not comply with building regulations for that use?'' Ms Grogan, who is a lawyer, said in a letter to Education Department regional director Peter Greenwell.

''In my opinion, her actions were not only in breach of the law but also put the safety of the children at the school at risk. This is totally unacceptable.''

Bayside City Council's building surveyor co-ordinator, Damien Wadsworth, inspected the building on May 26, and noted it contained a basketball court.

''The use of the building is … an assembly building - a building where people may assemble for educational purposes in a school or for sporting purposes including a sports stadium,'' Mr Wadsworth wrote in a letter to Ms Grogan.

Mr Wadsworth also said in the letter that the stadium was built only three metres from the old assembly hall to the south - instead of the six metres stated on the building permit.

Bayside City Council does not have control over Black Rock Primary because it is on crown land.

However, director of city strategy Michael Top said council staff had ''communicated their observations'' to the principal and education department.

Ms Grogan said she believed the building would now have to be moved.

''This is a waste of $200,000. It's just disgraceful. The chain of command has broken down at every level from the federal government giving money, but not supervising how it is used. The Education Department should have policies in place to ensure principals are not project managers.'