How a building dispute actually works in WA

If you search this online you will be told about NCAT, and about Fair Trading. Both are New South Wales. Neither has any jurisdiction over your house in Perth.

Couple viewing an empty living room with a timber floor and open doors — building disputes in Western Australia — The part of the house that sells itself.

This happens because a large share of Australian building-inspection content is written once, on the east coast, and then reprinted with the city name swapped. It is worth knowing, because if your inspector's website does not know which state's law applies, that tells you something.

Rolled architectural house plans laid out on a table — building disputes in Western Australia — Before the slab goes down is the cheapest time to ask.

Who actually regulates building in WA

Building and Energy is the regulator. It sits inside a state department that has been renamed more than once, so the department's name is a poor thing to search on. The division name is the stable one. It houses the Building Commissioner, and registration of builders runs through the Building Services Board.

The law is the Building Act 2011, the Building Services (Registration) Act 2011, the Building Services (Complaint Resolution and Administration) Act 2011, and the Home Building Contracts Act 1991 — all Western Australian.

The ladder

A notice of proposed complaint. You serve it on the other party at least 14 days before you can lodge.
A complaint to the Building Commissioner. Conciliation first. The Commissioner can issue a building remedy order — but cannot order more than $100,000 of work or payment without both parties consenting.
The State Administrative Tribunal (SAT). Complex or unresolved matters go here. SAT cannot order more than $500,000 against an unregistered person — but has no limit against a registered building service provider. Review applications run on a 28-day clock.
The courts, if the matter falls outside that. Magistrates Court to $75,000; District Court above that to $750,000; Supreme Court beyond.

The clocks that catch people

A building service complaint is generally limited to six years from completion of the work. A home building work contract complaint is generally three years. Miss them and the merits stop mattering.

Where an inspection report fits

Almost every step above runs on evidence. A report written to AS 4349.1, dated, photographed, and prepared by a registered building contractor, is the thing you put in front of the Commissioner.

This is general information about how the WA system is structured. It is not legal advice, and we are not lawyers. For your own matter, get advice.