A number of Western Australian homes fitted with Pro-fit Typlex 1050 resin polybutylene plumbing pipes (Typlex pipes), manufactured by Iplex Australia, have experienced water leaks (the plumbing failures).
Following an extensive mediation process, an Industry Response (IR) has been agreed in principle and announced which will address such plumbing failures in a planned and controlled manner at no cost to homeowners.
The Industry Response is uncapped in cost and time.
Further details and updates will be published on this page as they become available.
What remedy will be available?
While the formal details of the Industry Response are still being finalised and subject to agreement, the intention is that every plumbing failure will be fixed, and the direct property damage repaired in a proportional and staged way.
All homeowners with the Typlex pipes will be offered the installation of a leak detection unit by Iplex Australia, irrespective of whether the home suffers a plumbing failure.
Where a home has experienced its first plumbing failure, the affected pipes will be fixed and pipes in the ceiling will be replaced.
If a second plumbing failure has occurred, the home’s builder will be required to fix the affected pipe or, if the pipe is in the wall, offer a zone re-pipe. If a third failure has occured the builder will offer the choice of full or partial replacement of all pipes in the home (plus temporary accommodation if needed).
These works will be carried out irrespective of when the house was completed or when the plumbing failures started to occur.
Support by law change
The Western Australian Government has also committed to changing the current six-year period for making complaints to the Building Commissioner to 15 years specifically for impacted homes fitted with Typlex pipes. Changes will also be made to allow the Building Commissioner to issue a policy that will support the resolution of complaints related to Typlex pipes. The policy will align the remedies available with the Industry Response (where practicable and appropriate).
These changes will be introduced into State Parliament later this year, and, once passed and implemented, will ensure that if the builder does not perform the staged remedial works (described above) once a plumbing failure has occurred, a building service complaint can be lodged with the 15-year claim period with the Building Commissioner. If eligible, a building remedy order will then be issued requiring the builder to carry out the required the works in line with the above policy.
Funding
If the builder of an affected home signs up to the Industry Response, it will have access to funding from Iplex and the WA Government to reimburse its direct costs of performing the staged programme of remedial works.
If the builder does not join the Industry Response, its obligation to the homeowner to do and pay for the remedial works is unchanged, but it will not be able to seek reimbursement. Either way, homeowners are not expected or required to pay for the staged programme of remedial works.
Please note - An online register for consumers was initially set up to assist Building and Energy gather some initial information on the scope of the issue. The register is now closed.
Who is eligible for remedial works ?
Once the Industry Response is finalised and agreed, WA homeowners with a home constructed with Typlex pipe and who suffer a plumbing failure will be eligible. These homes were constructed between mid-2017 to mid-2022 (but not all homes in that period will have installed Pro-Fit Typlex pipe).
Leak detection units will be offered to all homes with Typlex pipes installed in them, irrespective of whether the home suffers a plumbing failure.
What repairs will my home be covered for?
The Industry Response establishes a staged work programme for WA homes that are affected by plumbing failures.
That programme will then be supported through legislative and policy change to allow for the same remedial works to be ordered by the Building Commissioner in response to building service complaints, irrespective of whether the builder has joined the Industry Response.
That programme has the following stages:
Installation of a leak detection unit (‘LDU’) in all homes with the Typlex pipes, whether they have had a leak or no leak.
At the first leak, the leak and associated property damage will be repaired and a replacement of the pipe in the ceiling space will be offered.
At the second leak, that leak and associated property damage will be repaired and a zone re-pipe will be offered around that leak (note: a zone is considered all pipes within the room or zone that leaked).
At the third leak, that leak and associated property damage will be repaired and homeowners will be offered a choice of another zone re-pipe or a full home re-pipe.
At subsequent leaks, if homeowners have not had a full home re-pipe, the leak and associated property damage will be repaired until a full home re-pipe can be carried out.
These stages take into account leaks that have already occurred.
What do I need to do to access the fund support?
The Industry Response will not require you to take action if your home has not had a plumbing failure – other than to maintain contact with your builder and register for an LDU (if you choose to receive one).
If you’ve had a plumbing failure, contact your builder to discuss arrangements for the staged remedial works work to be done. If your builder is not prepared to perform the staged remedial works, then you will need to consider lodging a building service complaint with the Building Commissioner.
Details on the LDU program will be released shortly, including how homeowners can register.
How will the Industry Response prioritise homes?
Once the Industry Response is finalised and agreed, you will need to speak to your builder about the plan for your home as they are co-ordinating building works and homeowner engagement.
The intent is that builders prioritise homes with Typlex pipes that have already experienced more extensive plumbing failures, based on the availability of installers (plumbers) and homeowners. Given the backlog of homes in need, there is likely to be a significant waiting period for homes to be scheduled for the more extensive remediation.
What do I do if I have already funded my own repairs?
Reimbursements of repair or remediation costs incurred by homeowners without the involvement of their builder are not covered or funded under the Industry Response.
However, where costs have been incurred by a homeowner because a builder has been unable or unwilling to undertake emergency repairs, a building service complaint may be made to the Building Commissioner.
Will I be covered if my builder did not sign up to the Industry Response?
Yes.
Once the required legislative and policy changes have been made, a builder of any WA home with Typlex pipe installed in it will be required to undertake the staged programme of work described in the Industry Response if a failure occurs.
If that builder is a party to the Industry Response, they will be eligible to have their direct costs reimbursed. If they are not a party, they will fund the costs themselves.
What happens to homeowners who have not experienced a plumbing failure?
All WA homeowners with Typlex pipes in their homes, including those whose builders have not agreed to participate in the Industry Response, will be offered the supply and installation of a leak detector unit, free of charge. These units provide early alerts and reduce the impact in the event of a leak.
Not all homes will experience plumbing failures and so the Industry Response does not contemplate pre-emptive works being done on WA homes that have not experienced a failure.
I do not want my builder to carry out the works, what do I do?
You will need to speak to your builder about the plan for your home as they are co-ordinating building works and homeowner engagement and may be able to help you with the right solution.
If your builder is a participant in the Industry Response, there are avenues for that builder to subcontract the work (according to the work programme) and still be eligible for reimbursement of costs.
Is there a limit to the Industry Response?
The Industry Response is uncapped by time and cost.
Iplex has agreed to pay 80% of direct costs incurred by participating builders. The WA Government has agreed to pay $30m towards those direct costs, at the rate of 20%. If the Government funding is exhausted, that 20% will need to be contributed by your builder, unless a different arrangement is agreed at that time.
Will I need to lodge a building services complaint if my builder signs up to the Industry Response?
Whether your builder is a participant of the Industry Response or not, you are encouraged to contact them directly to arrange repairs and, if qualifying, more extensive remediation work.
If your builder does not agree to do that, you may lodge a building services complaint with the Building Commissioner.
If you are renting the property, please contact your landlord or property manager.
What happens if I have already lodged a building service complaint with the Building Commissioner?
If you have already lodged a building service complaint with the Building Commissioner in relation to plumbing failures with the Typlex pipes, then you should first contact your builder to discuss whether they are participating in the Industry Response. If so, you may withdraw your complaint at any time.
If your builder is not participating in the Industry Response, your building service complaint will be determined once the WA Government’s legislative changes have been implemented.
Further information will be made available once the legislative changes have been implemented.
Will the Industry Response also apply to two storey homes?
Yes.
All WA homes constructed with Typlex pipes will be eligible.
I don’t know who my builder was, how can I find out?
If you are unsure who the builder of your home was, please contact your local council and request a copy of the building permit or plans, which would have been submitted by your builder.
How do I know if my home has Typlex pipes?
Pro-fit pipes are grey pipes with ‘Iplex’ and ‘Typlex’ identified on the pipe.
My home was not built with Typlex pipes but has Pro-Fit pipes, am I included in the agreement?
No.
The Industry Response only responds to plumbing failures occurring in those WA homes constructed with the Typlex pipes.
Iplex also provides a product warranty covering manufacturing defects for its full range of plumbing products for a 25-year period commencing from either the date of delivery or sale of the product, whichever is later. Please contact the Iplex directly for more details.
My home was renovated with Typlex pipes, will it be eligible under the Industry Response?
Yes.
What are the warning signs of a burst plumbing pipe?
The experience is different for each home, but leaks from burst plumbing pipes can be detected visually (with water staining appearing on walls, ceilings and floors) or from the sound of water leaking. In some cases, you may notice an unexplained increase in your water use on your bill.
Can I claim the costs of increased water bills due to leaks from the Typlex pipes?
No, you will not be able to claim these costs through the Industry Response.
If you have an unexplained increase in your water use in your water bill due to leaks from the Typlex pipes, you may however be able to apply to Water Corporation for an allowance for a reduction in your water bill.
The Industry Response will commence once formal documents are finalised and agreed. All parties are working to finalise them in the coming months and will provide further details on the roll out of the program and the leak detector programme then.
Until 30 September 2024, Iplex will continue to fund builders who have registered with it certain repair and remediation costs, but those cost do not extend under that arrangement to zone or full home re-pipes. Those activities will be funded only once the Industry Response is formally agreed.
What temporary accommodation will be offered to homeowners required a full repipe?
Under the Industry Response, homeowners will be offered temporary accommodation as required (that will where possible cater for differing family sizes and situations) if full home re-pipes are being completed on their home.
For owners whose homes were built by a builder who is not a participant in the Industry Response, where a full home re-pipe is required, Building Remedy Orders will be issued by the Building Commissioner for the reasonable costs of temporary accommodation at the builder’s cost. This will occur once the above legislative and policy changes have been implemented.
Do I need to opt out of the class action to be able to access the fund?