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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
If you have received a valid payment claim from your contractor or supplier, you are required to make payment in full by the due date, or if you do not agree with the claimed amount in whole or in part, you are strongly recommended to provide a payment schedule within 15 business days of receiving...
Using the security of payment laws
The Building and Construction Industry (Security of Payment) Act 2021 (the Act) promotes cash flow in the building and construction industry in WA by providing a number of protections for subcontractors and a mechanism for the recovery of payments. To exercise your rights to get paid and recover...
Using the security of payment laws

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Publications

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
General Inspection Report Seven details the findings of the Building and Energy’s general inspection of Certificates of design compliance issued by building surveyor contractors for new warehouse and...
Building and Energy
Reports
17 Jan 2022
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

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Announcements

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
New retirement village laws underway to improve seniors' experiences of entering, living in and leaving a village, and support the sector's long-term viability Exit entitlements to be paid to former residents within 12 months of their departure from a village Proposed changes to balance greater protections for village residents and the interests of operators The McGowan Government is progressing...
Consumer Protection
Media release
15 May 2023
Progress payments sought when applicable building stages not complete Non-compliant contract variations to secure additional funds Caution issued by the Building Services Board Consumers are reminded that progress payments under home building work contracts should only be made for services or materials already provided. The advice follows a caution issued by the Building Services Board to Bunbury...
Building and Energy
Media release
03 May 2023
Building and Energy is investigating polybutylene pipe failures in some new homes Affected consumers should contact their builder in the first instance Pipe manufacturer, Iplex Australia, has announced interim remedy arrangements Western Australia’s building and plumbing regulator is investigating the cause of water leaks from burst polybutylene pipes, which have mostly occurred in homes built in...
Building and Energy
Media release
18 Apr 2023
1 April has become a landmark date for checking smoke alarms Activate the test button and check the alarm is not more than 10 years old Useful information and fact sheets at Building and Energy’s website WA’s building and electrical safety regulator wants home owners to look up at their smoke alarms this April Fools’ Day, the landmark date for checking the life-saving devices. Building and Energy...
Building and Energy
Media release
30 Mar 2023
Around $50,000 in fines, compensation and costs for multiple building offences Defective, incomplete and incorrectly contracted concrete services in Scarborough, Caversham, Alkimos, Ellenbrook and Port Kennedy Previous warning issued by Building & Energy and Consumer Protection A Perth driveway company and its director have been ordered to pay almost $50,000 in fines, compensation and costs...
Building and Energy
Media release
27 Mar 2023
Building and Energy provides an avenue for resolving disputes relating to workmanship and contractual issues in connection with a regulated building service or home building work contract. These services are provided to parties as a low cost alternative to court proceedings. A new information video has been produced to provide detailed information on the process, including: important timeframes...
Building and Energy
Department News
03 Mar 2023
Kimberley residents may face electrical, gas, plumbing and building hazards Electrical and carbon monoxide risks if generators are not used correctly Never attempt any electrical work or repairs yourself Building and Energy is urging Kimberley residents to be aware of potential electrical, gas, plumbing and structural hazards in the wake of the region’s severe flooding. The State Government...
Building and Energy
Media release
11 Jan 2023
Effective, well-maintained and compliant pool safety barriers can help save lives Pool gates must never be propped open Only adults should supervise young children; don’t rely on older children for this Useful resources available from Building and Energy With summer school holidays starting, Western Australians are urged to check their pool safety barriers, keep pool gates closed and ensure young...
Building and Energy
Media release
14 Dec 2022

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