Builder marketing rules in Western Australia: ACL, HBCA and Consumer Protection

Key takeaways

• WA residential builder marketing sits under the Australian Consumer Law plus the Home Building Contracts Act 1991 (WA) and the Building Services (Registration) Act 2011 (WA).
• Registration number and class must appear on builder advertising under the Building Services (Registration) Act 2011.
• WA has no statutory cooling-off period for home building contracts, so any advertising that suggests a cooling-off right is potentially misleading under ACL section 18.
• The Building Commissioner within DEMIRS Building and Energy administers registration compliance; Consumer Protection WA enforces the ACL and the HBCA.
• Fake or incentivised reviews without disclosure breach ACL sections 18 and 29 and now attract civil penalties.

The regulators

WA splits builder regulation across two divisions of the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS). The Building Commissioner runs registration and discipline for building practitioners. Consumer Protection WA administers the ACL and the Home Building Contracts Act 1991 (WA).

Registration display

The Building Services (Registration) Act 2011 (WA) requires builders and building service contractors to be registered. Registration numbers must appear on advertising and contract offers. Consumer Protection WA guidance is that this covers websites, social media, print and vehicle signage. Advertising work beyond a registration class attracts penalties and rectification directions.

The absent cooling-off period

Unlike NSW, Victoria and Queensland, Western Australia does not provide a statutory cooling-off period for home building contracts under the HBCA. Advertising that references a cooling-off right, either explicitly or by implication, risks a misleading-conduct finding under ACL section 18. Builders drafting quote templates for WA need to strip any generic cooling-off wording carried across from east-coast contracts.

Quote and estimate conduct

Section 3 of the HBCA sets the price and content rules for home building contracts, and section 4 governs prescribed information. Marketing that leads a homeowner to sign under a misrepresentation of the price basis or the works scope can be treated as a breach of both the ACL and the HBCA. Consumer Protection WA has taken enforcement action against builders where headline "from $X" pricing omitted site costs that made up a material share of the actual quote.

Reviews and testimonials

WA follows the general ACL regime on fake reviews. The 2024 Unfair Trading amendments to the ACL created civil penalties for incentivised reviews that are not clearly disclosed.

What WA builders should audit today

• Registration number visible on every marketing channel.
• No cooling-off language in any WA quote, contract or advertising template.
• Every "from $X" headline includes site cost basis at equal visual prominence.
• Every review is verifiable to a real customer; incentives disclosed.
• Contract-offer material aligns with HBCA prescribed information.