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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...
Legislation, codes and guidance materials
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

Progress report on local government’s four yearly inspections of private swimming pool safety barriers 2020-21. This Report is the third annual report on the progress of local governments’ pool inspection programs and is in response to recommendation 7 of the Ombudsman WA report Investigation into ways to prevent or reduce deaths of children by drowning , tabled in Parliament on 23 November 2017.
Building and Energy
Reports
03 Nov 2021
As part of its function, Building and Energy provides an avenue for both consumers and builders to resolve disputes relating to workmanship issues in connection with a regulated building services and...
Building and Energy
Fact sheet
22 Oct 2021
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

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Announcements

Outdoor gas hot water system incorrectly installed in an internal room Risk of potentially fatal exposure to carbon monoxide or fire Gasfitter ignored a rectification order but still unlocked the gas supply A Midvale family was exposed to potential fire and carbon monoxide risks after a licensed gas fitter installed an outdoor-only water heater inside their house and later removed the gas company...
Building and Energy
Media release
17 Nov 2021
Building Services Board issues $1,000 fine Boundary fence removed without neighbour’s awareness or consent Builders are reminded of their responsibilities A Landsdale registered builder has been fined $1,000 for removing a rear boundary fence at a Balga site without notifying or obtaining consent from the neighbour, who was left without a back fence for several weeks. The Building Services Board...
Building and Energy
Media release
28 Oct 2021
Failed to comply with official order to rectify driveway work and damage $5,000 fine plus $368.50 in costs Magistrate noted need to deter substandard work and encourage confidence A Woodvale concreter who ignored a Building Commissioner’s order to rectify driveway work and damage has been fined $5,000 following a prosecution by Building and Energy. Thomas John Sharkey pleaded guilty to breaching...
Building and Energy
Media release
21 Oct 2021
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

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