Home buyer / owner

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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
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...
Your obligations and rights
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...
Your obligations and rights
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...
Your obligations and rights
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. Applications for adjudication are subject to strict timeframes. If you make an...
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
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

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Publications

An overview of building disputes for the month of December.
Building and Energy
Reports
14 Mar 2023
Practical tips to protect homes and keep those sheltering in them safe from cyclone damage. Cyclone season in Northwest Australia typically runs from November to April although warmer ocean...
Building and Energy
Fact sheet
21 Nov 2022
In 2018 Building and Energy commenced a significant regulatory review in response to recommendations made in a report tabled in 2017 in Parliament by the Ombudsman WA – Investigation into ways to...
Building and Energy
Consultations / public comment
30 Aug 2022
Adjudicators who are currently registered under the Building and Construction Industry (Security of Payment) Act 2021 to determine adjudication applications in Western Australia.
Building and Energy
Register
08 Aug 2022
Building and Construction Industry (Security of Payment) Act 2021 Commencement Proclamation 2022
Building and Energy
Fact sheet
29 Jan 2024
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
The WA building industry is currently impacted by an Australia-wide shortage of building materials and skilled workers, which is affecting project timeframes and costs. This is not unique to WA and...
Building and Energy
Guide / handbook
25 May 2022
This guide is designed to provide information and practical suggestions that may be helpful to you and others at a time when you are grieving and having to navigate legal and other processes...
WorkSafe
Guide / handbook
30 Mar 2022
Important Please read the Western Australian Treasury Corporation (WATC) Disclaimer, WATC IP Statement and DMIRS Statement below. Introduction The Western Australian Treasury Corporation (WATC)...
Consumer Protection
Reports
04 Dec 2023
This fact sheet provides guidance on the requirement for building permits for swimming pools, spas, and their associated fences.
Building and Energy
Fact sheet
20 Jan 2022

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Announcements

Building and Energy is advising property owners affected by the liquidation of Western Luxury Homes Pty Ltd to contact their home indemnity insurance (HII) provider, QBE Insurance. The Perth building company appointed liquidators on 11 August 2023. Building and Energy understands Western Luxury Homes was contracted for 12 home building projects dating from mid-2020. Building and Energy Executive...
Building and Energy
Media release
15 Aug 2023
Investigators from the State Government’s electrical safety regulator, Building and Energy, are on site at a property in Nollamara where an electrical worker tragically died this morning. The 24-year-old electrician was found deceased in the home’s roof space. Western Australia’s Director of Energy Safety, Saj Abdoolakhan, has extended his deepest condolences to the electrician’s loved ones. “Our...
Building and Energy
Media release
29 Jul 2023
Building and Energy is advising home owners who have contracts with insolvent builder Modco Residential Pty Ltd to contact home indemnity insurance (HII) provider QBE. The Perth building company’s external administration notice was published today (26 July 2023). Building and Energy understands Modco Residential was directly contracted for 29 residential building projects that are yet to be...
Building and Energy
Media release
26 Jul 2023
Unqualified employee told to follow a script and manual to upsell electrical work Bonus scheme encouraged sales of electrical safety packages for at least $4,000 Vulnerable consumers told their homes and families were unsafe Pascoes Maintenance Group Pty Ltd has been fined $75,000 for instructing an unqualified employee to assess electrical installations as part of an “upselling” sales strategy...
Building and Energy
Media release
19 Jul 2023
Following the liquidation of Perth builder City Residence Pty Ltd , Building and Energy is advising affected property owners to contact QBE to discuss a home indemnity insurance claim. City Residence appointed liquidators yesterday (12 July 2023). Building and Energy understands the company was yet to complete 13 residential building projects. Building and Energy Acting Executive Director Nabil...
Building and Energy
Media release
13 Jul 2023
$34,600 staircase, decking and painting project left incomplete and faulty $8,000 fine after guilty plea for non-compliance with a building remedy order Previous order to pay more than $47,000 in rectification costs After issuing an $8,000 fine for abandoned building work, a magistrate has warned tradespeople not to accept jobs if they cannot complete them to the expected standards. The comments...
Building and Energy
Media release
12 Jul 2023
Failure to fix defective swimming pool plasterwork $3,750 fine for not complying with a building remedy order Home owners previously received $19,000 compensation payment An Armadale swimming pool renovator will pay more than $4,000 in fines and costs after ignoring an official order to rectify work at a Roleystone property. In Armadale Magistrates Court on 13 June 2023, Steven Edward Eatwell of...
Building and Energy
Media release
11 Jul 2023
Building and Energy is advising property owners affected by the liquidation of Flexible Homes Pty Ltd to contact their home indemnity insurance (HII) provider, QBE Insurance. The Perth building company appointed liquidators yesterday (27 June 2023). Building and Energy understands Flexible Homes was directly contracted for 19 building projects. Building and Energy Executive Director Saj...
Building and Energy
Media release
28 Jun 2023
Building and Energy has issued a warning to consumers, subcontractors and suppliers about the status of registered building contractor Modco Residential Pty Ltd (BC103549). Building and Energy – WA’s building industry regulator – has received information from several owners, subcontractors and suppliers giving rise to concerns about the builder’s capacity to pay its debts as and when they fall...
Building and Energy
Media release
31 May 2023
Teenager’s garden equipment appears to have touched overhead power lines High-voltage power line carrying 22,000 volts of electricity Guides on vegetation management and high-voltage installations available WA’s energy safety regulator is investigating an incident in Gnangara today (27 May 2023) in which a teenager appears to have received an electric shock from high-voltage power lines while...
Building and Energy
Media release
27 May 2023

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