Western Australia
WA position, under the Home Building Work Contracts Act 1991 and the Building Commission.
38 entries
Development Application Process for Residential Builds in WA
How the Planning and Development Act 2005 (WA), the R-Codes and local planning schemes drive the council DA process for single houses and grouped dwellings.
Practical Completion and Handover in WA Residential Construction
In WA a residential build reaches practical completion when the works are substantially carried out under the contract and the builder serves a notice of practical completion under the Home
WA inspection stages, certifier role and Certificate of Construction Compliance
WA residential builds use a private certifier model. The building surveyor sets inspection stages on the CDC and signs the CCC at handover. TradeLens tracks each stage.
WA Residential Design Codes: R-Codes for residential design control
The WA Residential Design Codes assign every residential lot a density code from R5 to R80. The code drives lot size, setback, plot ratio and open space rules.
Are Cost Plus Contracts Lawful in WA?
Cost plus is lawful in WA and almost entirely unregulated. Section 3 of the HBCA excludes it from the Act, so the 6.5 per cent deposit cap and progress payment rules do not apply.
Contract Termination Rights for Builders in WA
When a WA builder may lawfully walk away. The HBCA gives builders almost no statutory exit, and Home Indemnity Insurance does not respond when a solvent builder abandons a job.
Cooling-off rights for WA home building contracts
Western Australia has no statutory cooling-off period for home building contracts. The Home Building Contracts Act 1991 (WA) does not provide a statutory rescission window. How that compares
Deposit Limits for Residential Building Contracts in Western Australia
Western Australia caps deposits at 6.5 per cent of the contract price under section 10(1)(a) of the HBCA 1991, the only cap in the country that is not a round number, with a 20 per cent cabinetry exception.
Home Building Contract Requirements in Western Australia
What the HBCA 1991 requires of a WA home building contract between $7,500 and $500,000: writing, the prescribed Notice before signing, a copy before work starts, and no cooling-off period.
Practical Completion and Handover in Western Australian Building Contracts
Western Australia leaves practical completion to the contract. Section 11 of the Home Building Contracts Act 1991 (WA) attaches a 4 month defect make-good to that undefined date.
Prime Cost Items and Provisional Sums in WA Home Building Contracts
Section 12 of the Home Building Contracts Act 1991 (WA) makes understating a prime cost item or provisional sum an offence carrying a $10,000 penalty. WA caps no margin.
Progress Payment Rules Under the HBCA in Western Australia
Section 10(1)(b) of the HBCA 1991 allows only genuine progress payments for work already performed or materials already supplied. Nothing before commencement except the 6.5 per cent deposit.
Security of Payment WA: The 2021 Act and New Adjudication Regime
The Building and Construction Industry (Security of Payment) Act 2021 (WA) replaced the Construction Contracts Act 2004 from 1 February 2022 and brought Western Australia into line with the East
Variations to Residential Building Contracts in Western Australia
Section 7 of the HBCA 1991 requires variations in writing, signed, costed and given to the owner before the varied work starts. Section 27 means an unwritten variation is still not automatically void.
Building Dispute Resolution in Western Australia
WA runs two separate complaints: a building service complaint about workmanship within 6 years, and a home building work contract complaint on contracts of $7,500 to $500,000 within 3 years.
Defect Notification Requirements in Western Australian Residential Building
Section 11 of the HBCA 1991 (WA) requires written notice to the builder within 4 months of practical completion. BSCRA complaint windows are 6 years workmanship and 3 years contract.
Defects liability in Western Australia
How Western Australia sets the defects exposure window for residential building work. Implied statutory warranties under the Home Building Contracts Act 1991 (WA), the 6-year general limitation
How Defect Rectification Works in Western Australian Residential Building
Building and Energy administers the BSCRA complaint pathway in WA. The Building Commissioner can make orders up to $100,000 and SAT sits above with a $500,000 cap.
How Structural and Non-Structural Defects Are Classified in Western Australia
Western Australia has no statutory split. The HBCA runs a flat 4 month make-good and BSCRA runs a flat 6 year workmanship complaint window. Structural characterisation is regulatory, not statutory.
How to Claim on Home Indemnity Insurance in Western Australia
WA HII covers defects and non-completion up to $200,000 and deposit loss to $40,000. Cover triggers include the WA-only registration cancellation ground. Claims run within 6 years of practical completion.
Implied Warranties in Western Australian Home Building Contracts
Western Australia has no statutory warranty list. Section 11 of the Home Building Contracts Act 1991 (WA) implies a 4 month make-good term and section 9 implies permit and water-approval conditions.
Waterproofing defects in Western Australian residential builds
WA waterproofing failures sit under the Home Building Contracts Act 1991 and the Building Services Act 2011. Defect categories and audit checkpoints for builders.
MyLeave: Portable Long Service Leave in Western Australia
MyLeave charges WA construction employers 0.75 per cent of ordinary pay for the 2026 calendar year, paid on quarterly returns. There is no project levy in WA.
Workers Compensation for Residential Builders in WA
How WorkCover WA's scheme works for residential builders. Insurance duty, premium setting and the 2023 Act that commenced 1 July 2024.
Home Indemnity Insurance Claim Process in Western Australia
How WA homeowners claim on Home Indemnity Insurance (HII) when a builder dies, disappears or becomes insolvent. Triggers, $200,000 cap, $40,000 deposit cover and DMIRS oversight.
Home Indemnity Insurance Claims in WA
WA home indemnity insurance pays up to $200,000, and only where a relevant circumstance exists. A solvent builder refusing to fix defects is not one, which is the scheme's biggest gap.
How Builder Registrations Are Cancelled and Suspended in Western Australia
Building and Energy can suspend or cancel a builder registration under the Building Services (Registration) Act 2011 (WA). SAT reviews decisions. The Building Services Board handles disciplinary matters.
Nominated Supervisor Requirements for Western Australian Building Contractors
A WA registered builder (contractor) needs a Nominated Supervisor holding individual registration in the same class. Building and Energy oversees the framework.
Owner-Builder Approvals in Western Australia
A WA owner-builder needs an owner-builder approval from Building and Energy before permit work. Section 25F HBCA imposes a 7 year sale restriction without cover. No HII backstop.
Plumbing Licence WA: Plumbers Licensing Board, Tradesperson and Contractor Licences
How plumbing work is licensed in Western Australia under the Plumbers Licensing Act 1995, including the five licence types issued by the Plumbers Licensing Board.
Statutory warranties and builder registration in Western Australia
WA has two intersecting building regimes. Section 11 of the Home Building Contracts Act 1991 implies a narrow defects liability term. The Building Services (Registration) Act 2011 governs builder registration.
WA builder registration categories under the Building Services Board
WA registers builders through the Building Services Board under DEMIRS. Classes carry value caps, nominee rules and three-year CPD obligations. TradeLens flags drift before disciplinary action.
When You Need a Builder Registration in Western Australia
WA builder registration under the Building Services (Registration) Act 2011 is required to carry out or contract for permit work valued at $20,000 or more. Building and Energy is the regulator.
Builder marketing rules in Western Australia: ACL, HBCA and Consumer Protection
How the ACL, the Home Building Contracts Act 1991 (WA) and Consumer Protection WA govern residential builder advertising, quoting and registration display.
Payroll Tax for Residential Builders in WA
WA payroll tax runs on a 5.5 per cent rate and a threshold that tapers away between 1 million and 7.5 million dollars. There are no contractor deeming rules, only the common law test.
Asbestos Removal Licensing in Western Australia for Residential Builders
Class A and Class B asbestos licences in WA, the 10 square metre rule, the 5 day notification to WorkSafe WA, clearance certificates and the engineered stone ban.
Notifiable Incidents in Residential Construction in Western Australia
Section 38 of the WHS Act 2020 (WA) makes you notify WorkSafe immediately. WA also catches any injury keeping a worker off normal duties for 10 days, which no eastern state does.
WHS Obligations for Residential Builders in Western Australia
WA has been a WHS jurisdiction since 31 March 2022. The principal contractor trigger is not a dollar figure: it is five or more people working at the same time on a construction project.