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This webpage provides general guidance on the Dividing Fences Act 1961 (the Act) and its interaction with local government by-laws in relation to the construction and maintenance of dividing fences in Western Australia. The Act provides a process for sharing costs between neighbours, the...
Dividing fences
Damage caused by one neighbour Situations may arise where you consider that your neighbour or neighbours should be responsible for paying the entire repair of the fence because it has been damaged by their actions or inaction. The Act only recognises a limited set of circumstances where an...
Dividing fences
Step one: Negotiate with your neighbour An agreement between neighbours has priority over the requirements of the Act so it is best to approach the owner of the adjoining land first. The Act does not specify the requirements for obtaining quotes, however, having quotes and a clear understanding of...
Dividing fences
In this case you will need to contact the Magistrates Court before building the fence. If you can satisfy the court that you have made reasonable enquiries to locate the owner and have issued the required notification, the court may make an order authorising the owner to construct a fence of a kind...
Dividing fences
Except where there is an agreement or a court order in place, you cannot recover any of the costs from the adjoining land that is vacant for constructing a sufficient fence unless or until the current owner of the adjoining land: has completed a substantial building or structure on the land; has...
Dividing fences
Step one: Negotiate with your neighbour An agreement between neighbours has priority over the requirements of the Act, therefore when issues with a dividing fence occur it is best to approach the owner of the adjoining land and try to resolve matters together. In order to reach agreement with a...
Dividing fences
Consumer Protection, a division of the Department of Mines, Industry Regulation and Safety, promotes fair trading and consumer protection in Western Australia. From the simple act of purchasing the weekly groceries at the supermarket to the complexities of signing a contract to buy a house, we are...
About us
Questions asked during Safe Work Month Webinar on 30 October 2020 have been compiled along with the department's responses. Commencement When did the Work Health and Safety Act receive assent? The Work Health and Safety Act 2020 (WHS Act) was assented to by the Governor on 10 November 2020. However...
Work health and safety legislation reform
Over one third of Western Australian households already have solar PV systems, with numbers growing rapidly. These systems comprise grid-connected, stand-alone and hybrid, incorporating grid and battery back-up. Grid connect systems enable surplus power not used by the household to be fed back into...
Electrical installations
Western Australian electrical safety regulations require all lighting points to have earth protection using a conductor connected to the main earth of the building’s electrical installation. The earthing conductor must be connected to a suitably robust earthing terminal of the lighting point (...
Electrical installations

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Publications

Current version of the Notice of cessation – Multiple properties (building work) form.
Building and Energy
Form – application
02 Sep 2021
The current, Australia-wide shortage of building materials and skilled trades is impacting the residential construction industry in Western Australia. Supply of building materials has been affected...
Building and Energy
Fact sheet
23 Jul 2021
Building and Energy is aware of several roofs that have lifted off or collapsed following changing of their roof cover. In these cases, the required building licence/permit was not in place and the roof was not adequately tied down to the house.
Building and Energy
Fact sheet
26 Jul 2021
The Department of Mines, Industry Regulation and Safety - Building and Energy Division (Building and Energy) has developed an audit program to monitor whether registered building service providers...
Building and Energy
Reports
24 Jun 2021
General Inspection (Investigation) Report Five – Investigation into the re-roofing of buildings, provides an overview of Building and Energy’s investigation into the cause of roof failures from...
Building and Energy
Reports
26 Jul 2021
This Decision Paper is the final stage of an extensive review of WA’s regulatory requirements for swimming pools and their associated safety barriers, following the recommendations in the Ombudsman’s...
Building and Energy
Discussion paper
20 May 2021
This information relates to home building work contracts that fall within the scope of the Home Building Contracts Act 1991 (the Act) – that is, contracts for home building work valued between $7,500 and $500,000.
Building and Energy
Guide / handbook
31 May 2021
This bulletin provides guidance on the selection and installation of windows and doors. It is intended to assist in improving the standard of design, documentation and building compliance to reduce water penetration into buildings during wind driven rain events.
Building and Energy
Bulletin
06 May 2021
New versions of the BA3 – Certificate of design compliance (CDC), and BA18 – Certificate of building compliance (CBC) forms have been approved and published by the Building Commissioner. The changes to these forms are the result of the Building Amendment Regulations 2021 (the Amendment Regulations) that were published in the Government Gazette on 13 April 2021 and commence operation on 1 May 2021.
Building and Energy
Bulletin
30 Apr 2021
The Building Amendment Regulations 2021 (the Amendment Regulations) were published in the Government Gazette on 13 April 2021 and commence operation on 1 May 2021. The Amendment Regulations address administrative matters around the conclusion of transitional arrangements for bush fire in the Building Regulations 2012 (the Building Regulations), and other related issues. In general, the Amendment Regulations provide ongoing concessions relating to compliance with the Building Code bush fire construction requirements.
Building and Energy
Bulletin
30 Apr 2021

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Announcements

Failed to comply with Building Commissioner’s order to rectify floor and windows Guilty pleas from company and director after Building and Energy investigation Gran Designs WA is no longer trading Failure to comply with a Building Commissioner’s order to fix a Stoneville modular home has cost a building company and its director almost $7,000 in fines and costs. Following a prosecution by Building...
Building and Energy
Media release
14 Oct 2021
Building Services Board issues $1,000 fine for deficient certification Some plans, specifications and technical documents did not show compliance with building standards Building surveyors are reminded of their responsibilities A registered building surveyor has been fined $1,000 for misleading the City of Belmont by incorrectly certifying that an apartment project would comply with relevant...
Building and Energy
Media release
13 Oct 2021
$136,500 building project carried out without the required registration or permit Building Services Board issued $2,500 fine for registration breach and negligence Home owners encouraged to check registration and permits before work starts Home owners are urged to check their builder’s registration and any permits before building work begins after a Cloverdale couple had to seek retrospective...
Building and Energy
Media release
07 Oct 2021
Building & Energy and DFES urge home owners to check smoke alarm dates All smoke alarms should be replaced after 10 years Updated fact sheet on smoke alarm laws for selling, leasing and hiring dwellings WA’s building and fire safety authorities have joined forces to remind home owners that all smoke alarms should be replaced when they are 10 years old. Building & Energy and the Department...
Building and Energy
Media release
07 Oct 2021
SAT issues $10,000 fine plus reprimand and registration cancellation Mr Morton failed to properly carry out duties required by building registration laws M3 directors and another supervisor previously fined; another associate in jail Disciplinary proceedings against a fourth person linked to M3 Building and Construction Pty Ltd (M3) have concluded at the State Administrative Tribunal (SAT)...
Building and Energy
Media release
30 Sep 2021
Finding reliable and trustworthy tradespeople is at the crux of any home project, no matter whether you’re building, renovating or needing a simple day job done. While most tradies do the right thing, consumers often come to us about the unscrupulous operators who don’t. Issues can arise when consumers accept tradespeople on face value and pay large amounts of money as a deposit – but the work is...
Consumer Protection
Media release
16 Sep 2021
10-month-old made contact with live parts of a damaged power supply Parents urged to regularly check condition and location of electrical items RCDs do not protect against all electrical faults WA’s Director of Energy Safety is reminding parents to check the condition and location of electrical equipment at their homes after a baby was lucky to escape with only finger burns when he touched live...
Building and Energy
Media release
10 Sep 2021
Certificates for three sites failed to show compliance with building standards Projects located in Attadale and White Gum Valley Deficient documents misled the City of Melville and City of Fremantle A Mount Lawley building surveying company and its supervisor have been fined a total of $6,000 for providing deficient certification documents that misled two local governments. The Building Services...
Building and Energy
Media release
01 Sep 2021
Poor oversight and defects at homes in Two Rocks and Mindarie Building Services Board finds the company breached building registration laws Petra Dwelling is no longer a registered building contractor Lack of management and supervision of construction projects in Two Rocks and Mindarie has led to a $5,000 fine for a former registered building company. The Building Services Board found that Petra...
Building and Energy
Media release
26 Aug 2021
SAT finds that Mr Martincic allowed unsupervised and non-compliant building work Building and Energy investigation finds numerous defects at 10 worksites M3’s other director and a supervisor also previously fined at the SAT A former director of M3 Building and Construction Pty Ltd (M3) has been ordered to pay $18,000 in fines and costs in the latest outcome relating to the now-defunct Perth...
Building and Energy
Media release
24 Aug 2021

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