Information and obligations for building surveyors

This page provides general information for building surveyors mainly in regard to the Building Act 2011 (Building Act) and the Building Regulations 2012 (Building Regulations).

Building surveyors are required to have extensive knowledge of the Building Act, Building Regulations, and the Building Code, including referenced Australian Standards.

Registration

Registration is required for builders, painters, building surveyors and building engineers. 

Please see click on the button below for more information.

Building surveyors registration 

Code of Conduct 

The Code of Conduct for Building Surveyors (the Code) sets out minimum expectations of registered building surveyors undertaking building surveying work in Western Australia (WA).  

It applies to building surveyors who are registered under the Building Services (Registration) Act 2011 (WA) to perform statutory functions of assessing compliance, approving building designs and building work under the Building Act and associated legislation. This can involve assessing and certifying that the design demonstrates how the building work, if built, will meet the applicable building standards and, when inspecting building work during and post construction, certifying that the building work meets applicable standards and any conditions on the applicable building permit.

Professional associations or the Building Commissioner may set standards that apply to other services provided by building surveyors, however, these must not reduce the minimum obligations in the Code. It is acknowledged that individuals may choose to comply with a higher standard, for example through membership of an organisation that has an approved professional standards scheme.

The Code establishes a consistent basis for education, audit and compliance activities undertaken by regulators. It also assists registered building surveyors to meet their obligations and manage the expectations of others.
The pillars of the Code are: comply with the law and act in the public interest, professionalism, honesty and integrity, and transparency and accountability.

Certificates and standards 

Registered building surveying contractors are responsible for issuing certificates of design compliance, certificates of construction compliance and certificates of building compliance. It is essential that all parts of a certificate are completed and accompanied by required prescribed items. Prior to issuing a certificate, a building surveying contractor should be satisfied that the design or completed building complies with each applicable building standard, and that adequate documentation has been provided and referenced in order to demonstrate compliance with the standards.

Supervision, signage and advertising

Supervision requirements

The registration of a building surveying contractor is subject to the condition that the work of any building surveying practitioner technician employed or engaged by the contractor, must be supervised by a building surveying practitioner level 1 or a building surveying practitioner level 2.

Signage 

Building surveyors must observe the signage rules that apply under building legislation that took effect from 29 August 2011. The Building Services (Registration) Regulations 2011 have further requirements to those that previously existed under repealed legislation with the major differences being: 

  • stipulation of where the sign is to be placed on the site; and 
  • inclusion of the building service contractors' telephone number.

Building surveying contractors who carry out building surveying work in order to issue compliance certificates must ensure that there is a sign where they principally carry out their business activities that includes the following: 

  • Is located in a prominent position and able to be read by a person entering the premises.
  • Contains the registered name (must be the same as the name registered with the Building Services Board) and trading name (if different to the registered name).
  • Class of registration and registration number of the contractor. 
  • The name and registration number of at least one nominated supervisor for the contractor. 

A penalty of up to $1,000 may apply to building surveyors (Regulation 28K) and a penalty of up to five times this amount may apply to companies (Sentencing Act 1995) for non-compliance.

Advertising 

Building surveyors must observe the advertising provisions in accordance with section 8 of the Building Services (Registration) Act 2011 where a building service contractor must ensure that any advertising in respect of its/their availability to carry out prescribed building services contains its/their registration number. For example, newspaper, radio, television, or website advertisements.

A penalty of up to $25,000 may apply.

A building service contractor is either a builder, painter or building surveyor, registered by the Building Services Board, and entitled to carry out a building service prescribed by the regulations for that class of contractor. Practitioners who are not also contractors are not entitled to contract for, or carry out, a prescribed building service but can be nominated supervisors for partnerships or companies.

People registered as practitioners only, or who are unregistered, are not entitled to advertise for work using another contractor’s registration number.

Audit program and compliance inspections 

The compliance audit program monitors: 

  • Building surveying services, to ensure they are being carried out effectively. 
  • Appropriate approved forms are completed, and the correct statements are being made. 
  • Performance requirements are being adequately addressed. 
  • Correct building standards are being identified and addressed.
  • The registration system works as intended. 

Written notice of a compliance inspection will be issued to the registered building surveying contractor to allow adequate time to respond to the notice and prepare responses as required. During the audit, the registered building surveying contractor will have the opportunity to discuss any compliance related matters with the auditing officer. 

Building and Energy officers are bound by the Department of Energy, Mines, Industry Regulation and Safety’s Code of Conduct. Any information obtained during the audit will remain confidential unless the Board or Building and Energy is required to disclose the information by law. 

A technical inspection of selected certifications will also be conducted during a compliance audit. This part of the audit process involves the examination of documentation referenced on the approval certificates that are being inspected. 

What happens after an audit is completed? 

Building and Energy acknowledges compliance efforts and supports registered building surveying contractors and practitioners who are endeavouring to comply with their requirements through undertaking relevant training and implementing appropriate assessment processes. 

At the conclusion of a compliance inspection the building surveying contractor will be provided with a report for each selected certificate that has been the subject of a technical inspection. The report will document where inspection points have been identified as not demonstrating compliance and will require building surveying contractors to respond for identified high risk items. 

Serious non-compliance may require an investigation resulting in one or a combination of, no further action, education, a formal warning, infringement notice, prosecution, or disciplinary action.

General inspections 

Building and Energy audit program also includes general inspections of building work to monitor how building services are being carried out and how building standards are being applied. Findings arising from general inspections are reviewed, with the information used to inform audit priorities and produce reports for industry.

Guidance on fire safety Performance Solutions

Building and Energy has produced guidance on fire safety Performance Solutions for building surveyor. 
Guidance on fire safety Performance Solutions (pdf)

Internal quality assurance checklists

Building and Energy has developed three quality assurance checklists to assist registered Building Surveyors in the process of issuing approved certificates.

The checklists are intended for internal use as a quality assurance tool.  

Downloads and further information 

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