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eNotice Guide for Authorised Nominating Authorities

There are various reporting obligations under the Building and Construction Industry (Security of Payment) Act 2021 and the Building and Construction Industry (Security of Payment) Regulations 2022 for authorised nominating authorities, adjudicators and review adjudicators. The administration of...
eNotice
13 Sep 2022

Guidelines for the safety of buildings near network operator assets

The Guidelines for the safety of buildings near network operator assets are issued under Section 33AA of the Electricity Act 1945 . The risks and potential consequences of an electrical incident involving building encroachments too near network operator assets are significant, especially for high...
Information for industry
18 Aug 2022

Building service providers – changes and new obligations

From 1 February 2023, changes to the Building Services (Registration) Act 2011 as made by the Building and Construction Industry (Security of Payment) Act 2021 came into effect. The changes include new powers of the Building Services Board (the Board) to manage the commercial conduct and behaviour...
Your obligations and rights
02 Aug 2022

Video – Building supply chain delays

WATCH
Building or renovating a home can be an exciting and rewarding time. However, you need to be aware that the construction industry in WA, like elsewhere in Australia, is experiencing major shortages of materials and skilled workers due to the COVID-19 pandemic and disruptions to global trade. This...
Building a home in challenging times
22 Jul 2022

What is a notifiable incident?

A 'notifiable incident' means: the death of a person; or a serious injury or illness of a person; or a dangerous incident . Need to report a notifiable incident? Preserve the site and contact WorkSafe immediately . The Work Health and Safety Act 2020 introduced the term ‘person conducting a...
Report an incident
01 Jul 2022

What is a dangerous incident?

If a ‘dangerous incident’ arises through the conduct of a business or undertaking the regulator must be notified immediately. Where the dangerous incident is currently life-threatening, the PCBU should ensure the regulator is notified by calling 1800 678 198 (24 hours). Where the dangerous incident...
Report an incident
29 Jun 2022

Code of practice and Practice notes for adjudicators and review adjudicators

As a condition of registration, adjudicators and review adjudicators must adhere to not only the Building and Construction Industry (Security of Payment) Act 2021 (WA) and regulations, they are also required to adhere to the Code of Practice for adjudicators and review adjudicators and any practice...
Adjudicators and review adjudicators
27 Jun 2022

Code of practice and Practice notes for authorised nominating authorities

As a condition of authorisation, Authorised Nominating Authorities must adhere to not only the Building and Construction Industry (Security of Payment) Act 2021 (WA) and regulations, ANAs are also required to adhere to the Code of Practice and Building Commissioner practice notes to ensure they...
Authorised nominating authorities
27 Jun 2022

Reporting requirements for authorised nominating authorities

There are various reporting obligations under the Building and Construction Industry (Security of Payment) Act 2021 and the Building and Construction Industry (Security of Payment) Regulations 2022 for authorised nominating authorities, adjudicators and review adjudicators. The administration of...
Authorised nominating authorities
27 Jun 2022

Becoming an authorised nominating authority

The Building Commissioner grants authorisations to persons to be nominating authority (or an ANA). ANAs perform a vital role in relation to the security of payment laws under the Building and Construction Industry (Security of Payment) Act 2021 (WA) (the Act). An application for authorisation as a...
Authorised nominating authorities
27 Jun 2022

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Publications

General Inspection (Snap Shot) Report Nine – Management and Supervision Policy

READ
This General Inspection (Snapshot) Report Nine (GIR9) was undertaken to assess how well the Management and Supervision Policy and Management and Supervision Questionnaire are working in practice. The objective of GIR9 was to assess whether claims being made by applicants could be supported by evidence to ensure the policy is an effective tool for assessing these important registration requirements.
Building and Energy
Reports
03 Aug 2023

Building and Energy – Audit priorities statement 2023-24

READ
The Department of Mines, Industry Regulation and Safety – Building and Energy Division has developed a three-year, risk-based Audit Strategy to support its inspections of the work and conduct of registered builders and building surveyors and its general monitoring of how well building standards are being applied.
Building and Energy
Guide / handbook
04 Dec 2023

Industry Bulletin 153 – Management and Supervision

READ
This industry bulletin is to remind builders that adequate arrangements are required to be in place to ensure the building service is managed and supervised in a proficient manner.
Building and Energy
Bulletin
28 Jul 2023

Building engineers registration

READ
From 1 July 2024, new laws in Western Australia will require building engineers to be registered by the Building Services Board (the Board) to carry out, or contract with consumers to carry out,...
Building and Energy
Fact sheet
28 Jul 2023

Building disputes monthly report – June 2023

READ
An overview of building disputes for the month of June 2023.
Building and Energy
Reports
24 Jul 2023

Industry Bulletin 154 – Building to the approved plans

READ
This Industry Bulletin brings to the attention of builders the importance of: completing building work in accordance with the plans and specifications referenced on the relevant certificate of design compliance (the approved plans); properly consulting prior to proceeding with work which differs from the approved plans (changes); and consulting with the appropriate building professional when it appears the approval varies from the requirements of the Building Code of Australia (BCA).
Building and Energy
Bulletin
21 Jul 2023

Application to add a class to a high risk work licence

READ
Use this application form to apply for one or more classes of high risk work to be added to your existing WA licence.
WorkSafe
Form – application
31 Jul 2023

Industry Bulletin 152 – Duration of building permits

READ
This industry bulletin is intended to highlight the process of extending the duration of a building permit
Building and Energy
Bulletin
28 Jun 2023

Industry Bulletin 151 – Tie-downs and connections in timber framed walls

READ
This bulletin provides information for those involved in the design, certification and installation of timber framed walls, including builders, building surveyors, structural engineers and suppliers.
Building and Energy
Bulletin
26 Jun 2023

Building disputes monthly report – May 2023

READ
An overview of building disputes for the month of May 2023.
Building and Energy
Reports
16 Jun 2023

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Announcements

Guidance following Flexible Homes’ liquidation

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

Consumers fight back against Albany shed seller and win (Aussie Sheds Albany / Armand Javellana)

Aussie Sheds Albany owner found guilty of breaching ACL $158,853 worth of deposits paid for incomplete shed and patio works 11 consumers to receive full compensation An Albany shed seller who took large deposits from consumers between January 2020 and 25 July 2020 and failed to deliver goods and services in a reasonable timeframe has been found guilty of breaching the Australian Consumer Law (ACL...
Consumer Protection
Media release
21 Jun 2023

Amendment Regulations – You said, we did

The Commerce Regulations Amendment (Building Services) Regulations 2023 (Amendment Regulations), to introduce registration for building engineers in WA, were released for public consultation from 17 August to 24 October 2022. Building and Energy received 17 submissions on this draft.
Building and Energy
Department News
19 Jun 2023

Building regulator warning about builder’s financial status – Modco Residential Pty Ltd

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

Condition reports for strata buildings when using the dispute resolution process

Defects versus maintenance Building and Energy has observed a trend by strata companies regarding the inclusion of what is considered to be building maintenance items within a defect list, when making a complaint to the Building Commissioner. Background Under the revised Strata Titles Act 1985 , a formal 10-year plan (condition report) and a reserve fund have become a requirement for strata...
Building and Energy
Department News
05 May 2023

Caution for premature progress payments – Peter Robert Andrews

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

Update on pipe leaks in new homes

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

Building surveyors fined for substandard work – Matthew James Deal and Inclusive Building Consultants Pty Ltd

Certificates failed to show compliance with applicable building standards Permit authorities misled when issuing related building and occupancy permits Education order and $15,000 in total fines after another $7,000 fine in 2018 Noranda-based building surveyors have been ordered to complete further study and pay $15,000 in fines due to errors and substandard work while certifying five buildings...
Building and Energy
Media release
05 Apr 2023

Reminder of smoke alarm rules ahead of April Fools

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

Driveway firm and director face 30 building charges – Antique Asset Pty Ltd and Sergio Demali

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

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