Statutory warranties and builder registration in Western Australia

What WA builders need to know

Western Australia has two intersecting statutory regimes for residential building. The Home Building Contracts Act 1991 (WA) (HBCA) regulates the contract relationship and implies warranties. The Building Services (Registration) Act 2011 (WA) registers builders and tradespeople and is administered through the Building Services Board (Building and Energy at the Department of Energy, Mines, Industry Regulation and Safety).

This entry covers the statutory warranties (section 12 of the HBCA) in more detail and the builder registration framework that determines who can carry out regulated residential building work in WA.

The implied warranties under HBCA section 12

Section 12 of the HBCA implies the following warranties into every home building work contract in WA.

The work will be performed in a workmanlike manner. The builder warrants the standard of work meets that of a reasonably competent builder in the relevant trade.

The work will conform to the plans and specifications. Variations from the plans require formal agreement; the builder cannot vary the specification unilaterally.

Materials will be good and proper. Materials must be of merchantable quality and suitable for their intended use.

Materials will be new unless the contract says otherwise. Used or reconditioned materials require explicit contractual agreement.

The work will be carried out within the time specified in the contract, or a reasonable time if none is set.

The home will be reasonably fit for habitation when completed (for new home construction).

The work will be reasonably fit for any purpose specifically stated in the contract.

Non-excludable nature

The HBCA section 12 warranties cannot be signed away. Any clause in a contract that tries to limit or exclude these warranties is void to the extent of the inconsistency. The HBCA has the same protective intent as the NSW HBA, VIC DBCA and QLD QBCC Act in this respect.

Builder registration framework

Building work in WA above a regulated threshold requires the work to be carried out under a registered building service provider. The Building Services (Registration) Act 2011 (WA) sets:

• Builder registration categories (Builder, Builder Practitioner, Building Surveyor and various trade registrations)
• Registration eligibility (qualifications, experience, financial requirements)
• Renewal and CPD obligations
• Disciplinary process for registered practitioners

The Building Services Board (within the Department of Energy, Mines, Industry Regulation and Safety) maintains the public register and decides registration applications.

Eligibility for builder registration

To be registered as a Builder in WA, an applicant must demonstrate relevant qualifications (typically Certificate IV in Building and Construction or higher), practical experience under appropriately registered builders, knowledge of the relevant statutes, the National Construction Code and contract law, financial capacity to operate as a builder and good character with no relevant disqualification.

Different registration categories have different eligibility requirements. The Builder Practitioner registration is more limited in scope than the full Builder registration.

Comparison to other states

WA: Building Services (Registration) Act 2011 administers registration through the Building Services Board; HBCA 1991 implies statutory warranties; HII threshold $20,000.

NSW: Home Building Act 1989 administers licensing through NSW Fair Trading; same Act implies warranties; HBCF threshold $20,000.

VIC: Building Act 1993 administers registration through VBA/BPC; DBCA 1995 implies warranties; DBI threshold $16,000.

QLD: QBCC Act 1991 administers both licensing and statutory warranties (Schedule 1B); HWI threshold $3,300.

Practical implications

For Western Australian residential builders:

Maintain Building Services Board registration actively. Renewal requirements are continuous obligations and lapsed registration prevents new contracts immediately.

Document compliance with section 12 warranties through the project record. The 6-year limitation period under the Limitation Act 2005 (defects-liability-period-wa-v2) is the disposal benchmark.

Match registration category to the work. A Builder Practitioner registration only authorises specific scopes; taking on work outside scope risks contract enforceability and disciplinary action.

Related entries

The 6-year general limitation period for WA building actions is in defects-liability-period-wa-v2. The NSW equivalents are in statutory-warranties-hba-nsw and builder-licence-classes-nsw. The VIC equivalents are in statutory-warranties-dbca-vic and builder-registration-classes-vic. The QLD equivalents are in statutory-warranties-qbcc-qld and builder-licence-classes-qld.