The Building Act requires the responsible person (i.e. builder or demolition contractor) to provide certain notices for the completion or suspension of work under a building or demolition permit.

Notice of cessation (s. 34)

The person named as the builder or demolition contractor on a building or demolition permit may, before completion of the works or stage of work for which the permit was granted, formally advise the relevant permit authority that they are no longer the responsible person for the project. This is done by submitting a notice of cessation (BA8) in accordance with s. 34. This protects a person whose contract is terminated or who is unable to complete the building or demolition work.

Within seven (7) days of giving a notice of cessation to the permit authority, the responsible person must provide a copy of the notice to the owner of the building or incidental structure. This alerts the owner to the cessation of work and suspension of the permit.

The person named as builder or demolition contractor remains liable for the building or demolition complying with the Building Act until a notice of cessation or a notice of completion is issued.

Approving a new responsible person

Where the responsible person submits a notice of cessation, or the builder’s registration or authority under the Registration Act or demolition contractor’s licence ceases to have effect, the owner of the building or incidental structure can apply to the permit authority for approval of a new responsible person for the work to which a permit applies. A permit does not have effect between the time in which a notice of cessation is received by the permit authority and the day the permit authority approves a new responsible person.

There is no specific application form for a change of responsible person. The request to the permit authority can be by way of a letter from the owner which must name and be signed by the new builder or demolition contractor. To assist the permit authority, the letter should also include the:

• property details (address);
• building or demolition permit number;
• owner details;
• contact details of the new responsible person
• new builder’s registration number (if applicable) or demolition contractor’s Worksafe licence number; and
• owner-builder approval number (if applicable).

There is no prescribed fee under the Building Regulations to amend the details of the responsible person on a permit.

In Western Australia, Home Indemnity Insurance is required for residential building work exceeding $20,000 in value. The new builder named on the building permit should obtain Home Indemnity Insurance for the proposed building work or the stage of building work required. Owners are encouraged to ensure that the new builder has a valid policy of insurance in place.

Notice of completion (s. 33)

The responsible person (builder or demolition contractor named on a permit) must issue a notice of completion (BA7) in accordance with s. 33 to the permit authority within seven (7) days of completion of the work or stage of work for which the permit was granted. This establishes the end date of the permit for compliance and record keeping purposes.

The notice of completion must also be accompanied by each relevant inspection or test certificate as listed on the building permit.

The person named as builder or demolition contractor remains liable for the building or demolition complying with the Building Act until a notice of cessation or a notice of completion is issued.

Inspections and tests

The Building Act requires certain inspections and tests to be conducted during or at completion of building work before a notice of completion is provided to the permit authority. The Building Regulations set out what those inspections and tests are.

Class 2 to Class 9 buildings (r. 27)

Regulation 27 Schedule 3 of the Building Regulations sets out the inspections and tests required for Class 2 to Class 9 buildings (refer table below).

Private swimming and spa pool safety barriers (r. 28)

At the completion of building work for a private swimming and spa pool safety barrier, an inspection certificate is required to confirm that the safety barrier complies with the requirements under the Building Regulations. Typically an inspection certificate is required for a safety barrier for a private swimming or spa pool associated with a Class 1a house. The requirement to provide this inspection certificate as part of the notice of completion is separate to the requirement for a local government to inspect existing pools in its district at least once every four years.

Inspection certificates (r. 29)

Inspection certificates are required for the inspections and tests mentioned in r. 27 and r. 28.

The builder must ensure that each inspection certificate that accompanies a notice of completion contains the following information:

(a) The number of the building permit for the building work inspected or tested.
(b) A description of the purpose, extent and outcome of the inspection or test.
(c) The date and time the inspection or test was conducted.
(d) The name, contact details and qualifications of the person conducting the inspection or test.
(e) Any other document or evidence of the outcome of the inspection or test that the person conducting the inspection or test considers relevant.

Who can provide an inspection certificate?

There is no prescribed class of persons for undertaking inspections or tests, therefore it is up to the builder to be satisfied that the person doing the inspection has the relevant qualifications and experience.

For tests in relation to fire services, the relevant Australian Standards provides further information on testing and commission of services.

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