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Registration as an adjudicator entitles an individual to make determinations on adjudication applications. Adjudicators have various reporting obligations under Part 3, Division 3, sections 32(4), 32(6) and 38(4)(c) of the Building and Construction Industry (Security of Payment) Act 2021 and...
Adjudicators and review adjudicators
Building and Energy will be holding a security of payment information road show later in the year. The details of this is currently being finalised. Please refer back to this section for more information shortly.
Overview
Your obligations as a registered building service contractor when subcontracting for building services Construction contracts over the value of $20,000 (including GST) with a building service contractor will be required to be made in writing and contain mandatory information. This includes...
Information on the Building and Construction Industry (Security of Payment) Act 2021
The retention trust scheme under the Building and Construction Industry (Security of Payment) Act 2021 requires retention money withheld under eligible construction contracts to be held in a retention money trust account with a recognised financial institution. Timeline for the requirements: After...
Information on the Building and Construction Industry (Security of Payment) Act 2021
The Building and Construction Industry (Security of Payment) Act 2021 (Act) provides important payment protections for all participants in the Western Australian building and construction industry (some exclusions apply). It applies to construction contracts entered into on or after 1 August 2022...
Information on the Building and Construction Industry (Security of Payment) Act 2021
The Building Commissioner has published a number of suggested forms and templates to help parties to engage with the payment process under the Building and Construction Industry (Security of Payment) Act 2021 . These include forms for making and responding to payment claims, as well as utilising...
Templates and user guides
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
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
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
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

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Publications

Operators and residents of residential parks and lifestyle villages Changes are on the way! From 31 January 2022, changes to the Residential Parks legislation take place. This will affect your...
Consumer Protection
Brochure
10 Dec 2021
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
02 Dec 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
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 – that is, contracts for home building work valued between $7,500 and $500,000.
Building and Energy
Guide / handbook
17 May 2022
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

Several areas of renovation work deviated from building permit approved plans Balustrade safety barrier not installed, creating a fall risk Penalty includes $5,000 fine and compulsory construction management course A Fremantle builder has been fined $5,000 and ordered to do additional training after carrying out unauthorised home building work and failing to install a verandah safety barrier. The...
Building and Energy
Media release
26 Jul 2022
Further to the Government’s commitment to ensure consumers have resources to navigate the challenges in the building industry right now, Building and Energy has produced a short video as part of its education campaign. The video helps to explain the reasons for the current market conditions and what protections are in place to help. Watch the video here Other information available includes: A...
Building and Energy
Department News
25 Jul 2022
Home owners left with defective, incomplete and unauthorised building work No nominated supervisor or building permits for some of the work $3,000 fine for breaches of WA’s builder registration laws The Building Services Board has fined a Success building company $3,000 for carrying out unauthorised, defective and inadequately supervised work during an outdoor renovation project in Stirling. The...
Building and Energy
Media release
14 Jul 2022
Directors admit to sourcing and providing fake insurance certificates, falsely representing a project value and failing to ensure oversight of building services State Administrative Tribunal orders global fines of $35,000 each Western Australian Construction Pty Ltd entered administration in 2020 Two former building company directors have been fined a total of $70,000 after admitting to forging...
Building and Energy
Media release
16 Jun 2022
As we enter the winter months, with cold and stormy weather on our doorstep, it’s important to keep yourself and your family not only warm but safe by considering Building and Energy’s top safety tips. “The new season acts as reminder to check your electrical and gas appliances before using them, be conscious of extra mould growth, and ensure your property is rain, hail and wind prepared,”...
Building and Energy
Media release
14 Jun 2022
WA building sector impacted by worldwide shortages and rising costs Information for consumers facing delays, cost increases and other challenges Resources available at the Building and Energy website (dmirs.wa.gov.au) WA’s building regulator has developed helpful information to assist consumers affected by current challenges in the home building sector, including impacts on project timeframes and...
Building and Energy
Media release
26 May 2022
Roof of a two-storey Alkimos home detached during a storm in Easter 2019 Inadequate systems and procedures led to insufficient roof tie-down connections $15,000 fine for company and reprimand for Mr Trager following SAT mediation The State Administrative Tribunal (SAT) has fined Perth builder Ben Trager Homes Pty Ltd $15,000 and reprimanded its nominated supervisor Ben Trager for not properly...
Building and Energy
Media release
09 May 2022
North Coogee home renovation work carried out without the required registration 50 per cent deposit taken when only 6.5 per cent was allowed Consumers urged to avoid big deposits and check the builder is registered Building and Energy is encouraging consumers to check their builder is registered and to be aware of rules about deposits for home building work, following the regulator’s prosecution...
Building and Energy
Media release
03 May 2022
Product safety recall for various pool gate latches made by Aristo Glass Products The faulty gate latches may not latch properly and pose a drowning risk for children Consumers are reminded that pool safety is an all-year-round issue Building and Energy is alerting consumers about a recall of several faulty latches that may fail to securely shut swimming pool gates, creating a drowning risk for...
Building and Energy
Media release
21 Apr 2022
Always turn off the mains power before entering a roof space This is compulsory for all tradespeople including electricians Building and Energy is distributing safety stickers for manholes and switchboards Recent tragic deaths and close calls have prompted a plea from Western Australia’s electrical safety regulator to always switch off the mains power before entering a roof space. Building and...
Building and Energy
Media release
24 Mar 2022

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