Builder

Topics

Find an adjudicator or review adjudicator

An adjudicator or review adjudicator is registered under the Building and Construction Industry (Security of Payment) Act 2021 to receive adjudication and adjudication review applications and make determinations. All adjudicators and review adjudicators are required to adhere to the requirements as...

Adjudicators and review adjudicators

17 Jun 2022

Find an authorised nominating authority

An Authorised Nominating Authority (ANA) is a body or individual authorised under the Building and Construction Industry (Security of Payment) Act 2021 to receive adjudication and adjudication review applications, nominate an adjudicator or review adjudicator to determine an adjudication...

Authorised nominating authorities

17 Jun 2022

Managing the risk of falls at workplaces

How can I comply with the new work health and safety laws? Under the Work Health and Safety and Regulations 2022 (WHS Regulations), duty holders will be required to manage the risk of falls at workplaces, as prescribed by the following regulations: Regulation 78 – Management of risk of fall...

Slips and trips and falls

17 Jun 2022

Topic 6: The determination process

Once the adjudicator has been appointed and received an application and the response (if permitted), the adjudicator has 10 business days to assess the application and make a determination. A determination is legally binding however does not remove your right to litigate at a later stage. Review...

Using the security of payment laws

16 Jun 2022

Topic 5: Responding to an adjudication application

If you have received a copy of an adjudication application, you will be required to prepare an adjudication response within 10 business days of receiving the application. This is your opportunity to outline your reasons for withholding money. Please note only reasons for withholding money that were...

Using the security of payment laws

16 Jun 2022

Topic 4: Applying for adjudication

Adjudication is a dispute resolution process to assist parties to resolve disagreements about a payment claim made for a progress payment. You can apply for adjudication where: You have made a valid payment claim under the Building and Construction Industry (Security of Payment) Act 2021 (the Act)...

Using the security of payment laws

16 Jun 2022

Topic 3: Responding to a payment claim

If you have received a valid payment claim from your contractor or supplier, you are required to make payment in full by the due date, or if you do not agree with the claimed amount in whole or in part, you are strongly recommended to provide a payment schedule within 15 business days of receiving...

Using the security of payment laws

16 Jun 2022

Topic 2: Making a payment claim

The Building and Construction Industry (Security of Payment) Act 2021 (the Act) promotes cash flow in the building and construction industry in WA by providing a number of protections for subcontractors and a mechanism for the recovery of payments. To exercise your rights to get paid and recover...

Using the security of payment laws

16 Jun 2022

Topic 1: Overview of the Building and Construction Industry (Security of Payment) Act 2021

The Building and Construction Industry (Security of Payment) Act 2021 (the Act) commenced in a staged approach from 1 August 2022. The Act introduces industry wide laws to enhance payment protections for contractors (including subcontractors and suppliers), and introduces reform in four areas: New...

Using the security of payment laws

16 Jun 2022

Overview for homeowners and home builders

The Building and Construction Industry (Security of Payment) Act 2021 (the Act) applies to certain types of contracts entered into between builders/contractors and homeowners for home building work. This ensures those working in the residential segment have access to the payment protections under...

Information on the Building and Construction Industry (Security of Payment) Act 2021

16 Jun 2022

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Publications

Break-even analysis of building engineers registration - Deloitte Access Economics

Deloitte Access Economics was engaged to undertake an economic analysis of the proposed registration scheme for Building Engineers in Western Australia. As set out in this report, the objective of...

Building and Energy

Reports

19 Jul 2022

Decision Regulatory Impact Statement - Building Engineers Registration

This Decision Regulatory Impact Statement recommends amending the Building Services (Registration) Regulations 2011 to require engineers to be registered to carry out the following categories of...

Building and Energy

Consultations / public comment

19 Jul 2022

Code of practice - Demolition work

This Code applies to all workplaces covered by the WHS Act where demolition work is carried out and where demolition work products and equipment are used and stored. Persons who have duties in...

WorkSafe

Code of practice

13 Jan 2023

Code of practice - Construction work

This Code applies to all workplaces covered by the WHS Act where construction work is carried out and where construction work products and equipment are used and stored.

WorkSafe

Code of practice

15 Jul 2022

Report an incident to WorkSafe - Poster

Report an incident to WorkSafe posters are a quick reference guide to reporting a death, serious injury or illness, or life-threatening dangerous incident.

WorkSafe

Poster

02 Mar 2023

Security of payment - proclamation instrument

Building and Construction Industry (Security of Payment) Act 2021 Commencement Proclamation 2022

Building and Energy

Fact sheet

01 Jul 2022

A guide for those entering into a construction contract for building work

This guide is for all homeowners, owner builders, builders, contractors and suppliers working in the residential building industry.

Building and Energy

Fact sheet

01 Jul 2022

User guide for the determination process

Claimant giving an application for adjudication review Respondent giving an application for adjudication review Giving an adjudication review response

Building and Energy

Guidance note

01 Jul 2022

User guide for claimant giving an application for review

The Building Commissioner has published a template for an application for adjudication review by a claimant under the Building and Construction Industry (Security of Payment) Act 2021 . This document...

Building and Energy

Guidance note

01 Jul 2022

Code of practice for authorised nominating authorities

Schedule 2 of the Building and Construction Industry (Security of Payment) Regulations 2022 (WA)

Building and Energy

Code of practice

01 Jul 2022

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Announcements

Adjudicator registration initiatives

Building and Energy is pleased to announce two initiatives to support prospective adjudicators/review adjudicators in gaining registration under the Building and Construction Industry (Security of Payment) Act 2021 (Act): an approved training course to be run by Jackson McDonald and supported by Building and Energy from Monday 23 May 2022; and the waiving of all application and registration fees...

Building and Energy

Department News

07 Apr 2022

Important Changes to High Risk Work Licensing - New Work Health and Safety rules to begin 31 March 2022

The new Work Health and Safety (General) Regulations 2022 (WHS Regulations) were gazetted on 11 March 2022 and will commence on the 31 March 2022, bringing the Work Health and Safety Act 2020 into full force and effect. The WHS Regulations replace the current Occupational and Safety Regulations 1996 (OSH Regulations). You can access the WHS Regulations on the WA Legislation website: WALW - Work...

WorkSafe

Department News

25 Mar 2022

Warning about concrete company – Antique Asset Pty Ltd trading as Antique Asset Concrete (AAC) and Sergio Demali

Almost 50 complaints received about Perth concrete company Joint warning from Building and Energy and Consumer Protection Consumers are urged not to do business with Perth-based concreting company Antique Asset Pty Ltd , which trades as Antique Asset Concrete ( AAC ) with Sergio Demali as the sole director and company secretary. The warning from WA’s building industry regulator, Building and...

Building and Energy / Consumer Protection

Media release

08 Mar 2022

$10,000 penalty for inadequate oversight of building work – Wayne Anthony Jones of Western Australian Construction Pty Ltd

Nominated supervisors must provide proper management and supervision Western Australian Construction Pty Ltd (WAC) is now in administration Another WAC nominated supervisor, Salah M.A. Qarout, was cautioned last year A building company supervisor who failed to adequately oversee projects for several months has been penalised $10,000 at the State Administrative Tribunal (SAT) following...

Building and Energy

Media release

03 Mar 2022

Board fines former Mandurah builder $4,000 for negligent conduct and overdue work - Darrell John Honeybone

Building work commenced without a building permit in place Failed to meet deadlines even after an extension was granted Mr Honeybone is no longer a registered building practitioner or contractor A former builder has been fined $4,000 for starting work without a building permit and missing contractual deadlines at a Bouvard property. The Building Services Board found that Darrell John Honeybone (...

Building and Energy

Media release

28 Feb 2022

Building clients urged to check warranty insurance before paying up

Home indemnity insurance is compulsory for home building work valued at $20,000 or more Confirm the builder has an HII policy for your project before paying deposits HII offers financial protection for incomplete or defective work in certain situations WA’s building regulator is urging home building clients not pay deposits without seeing evidence that the builder has a home indemnity insurance (...

Building and Energy

Media release

24 Feb 2022

$20,000 penalty for hazardous electrical error – Romiss Pty Ltd trading as Fair Price Electrical Services

Essential electrical safety component (MEN) not installed, putting users at risk Electrician did not carry out mandatory checks and tests $15,000 fine for company and $5,000 fine for electrical worker The State Government energy safety regulator is warning electricians not to cut corners when checking their work after a Padbury building site was left unprotected against electrical hazards for...

Building and Energy

Media release

02 Feb 2022

Repeat offender faces the heat over kitchen defects – Mal Afrasiabi

$27,500 fine for not complying with a Building Commissioner’s order 12 instances of faulty or unsatisfactory work at a Riverton kitchen renovation Previous history of non-compliance with building and electrical laws A Perth tradesman with a history of non-compliance has been fined $27,500 for ignoring an official order to fix defective kitchen renovation work. At Perth Magistrates Court on 7...

Building and Energy

Media release

17 Jan 2022

Defects at eight homes cost WA builder and supervisor $40,000 – Ventura Home Group and Justayn Bean

Many areas of non-compliant building work including roof safety issues Disciplinary matters referred to the State Administrative Tribunal $25,000 fine for Ventura Home Group and $15,000 fine for Justayn Bean Ventura Home Group Pty Ltd (BC10805) and its former nominated supervisor, Justayn James Bean (BP13268), have been fined a total of $40,000 for inadequate management and supervision of eight...

Building and Energy

Media release

13 Jan 2022

Busselton build brings home lack of oversight – Jeremy Peter Evans

Several defects found in construction of a two-storey house SAT mediation concludes with a $7,500 fine for lack of supervision Building company is now in administration A former building company supervisor has accepted a $7,500 fine at the State Administrative Tribunal (SAT) for not properly overseeing work at a Busselton house where several faults were found. Jeremy Peter Evans (BP12715) was the...

Building and Energy

Media release

23 Dec 2021

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