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This webpage provides general guidance on the Dividing Fences Act 1961 (the Act) and its interaction with local government by-laws in relation to the construction and maintenance of dividing fences in Western Australia. The Act provides a process for sharing costs between neighbours, the...
Dividing fences
Damage caused by one neighbour Situations may arise where you consider that your neighbour or neighbours should be responsible for paying the entire repair of the fence because it has been damaged by their actions or inaction. The Act only recognises a limited set of circumstances where an...
Dividing fences
Step one: Negotiate with your neighbour An agreement between neighbours has priority over the requirements of the Act so it is best to approach the owner of the adjoining land first. The Act does not specify the requirements for obtaining quotes, however, having quotes and a clear understanding of...
Dividing fences
In this case you will need to contact the Magistrates Court before building the fence. If you can satisfy the court that you have made reasonable enquiries to locate the owner and have issued the required notification, the court may make an order authorising the owner to construct a fence of a kind...
Dividing fences
Except where there is an agreement or a court order in place, you cannot recover any of the costs from the adjoining land that is vacant for constructing a sufficient fence unless or until the current owner of the adjoining land: has completed a substantial building or structure on the land; has...
Dividing fences
Step one: Negotiate with your neighbour An agreement between neighbours has priority over the requirements of the Act, therefore when issues with a dividing fence occur it is best to approach the owner of the adjoining land and try to resolve matters together. In order to reach agreement with a...
Dividing fences
Consumer Protection, a division of the Department of Energy, Mines, Industry Regulation and Safety, promotes fair trading and consumer protection in Western Australia. From the simple act of purchasing the weekly groceries at the supermarket to the complexities of signing a contract to buy a house...
About us
Questions asked during Safe Work Month Webinar on 30 October 2020 have been compiled along with the department's responses. Commencement When did the Work Health and Safety Act receive assent? The Work Health and Safety Act 2020 (WHS Act) was assented to by the Governor on 10 November 2020. However...
Legislation, codes and guidance materials
Over one third of Western Australian households already have solar PV systems, with numbers growing rapidly. These systems comprise grid-connected, stand-alone and hybrid, incorporating grid and battery back-up. Grid connect systems enable surplus power not used by the household to be fed back into...
Electrical installations
Western Australian electrical safety regulations require all lighting points to have earth protection using a conductor connected to the main earth of the building’s electrical installation. The earthing conductor must be connected to a suitably robust earthing terminal of the lighting point (...
Electrical installations

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Publications

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
Progress report on local government’s four yearly inspections of private swimming pool safety barriers 2020-21. This Report is the third annual report on the progress of local governments’ pool inspection programs and is in response to recommendation 7 of the Ombudsman WA report Investigation into ways to prevent or reduce deaths of children by drowning , tabled in Parliament on 23 November 2017.
Building and Energy
Reports
02 Dec 2021
As part of its function, Building and Energy provides an avenue for both consumers and builders to resolve disputes relating to workmanship issues in connection with a regulated building services and...
Building and Energy
Fact sheet
14 Aug 2024
Current version of the Notice of cessation – Multiple properties (building work) form.
Building and Energy
Form – application
02 Sep 2021
Building and Energy is aware of several roofs that have lifted off or collapsed following changing of their roof cover. In these cases, the required building licence/permit was not in place and the roof was not adequately tied down to the house.
Building and Energy
Fact sheet
26 Jul 2021
The Department of Energy, Mines, Industry Regulation and Safety - Building and Energy Division (Building and Energy) has developed an audit program to monitor whether registered building service...
Building and Energy
Reports
04 Dec 2023
General Inspection (Investigation) Report Five – Investigation into the re-roofing of buildings, provides an overview of Building and Energy’s investigation into the cause of roof failures from...
Building and Energy
Reports
26 Jul 2021
This Decision Paper is the final stage of an extensive review of WA’s regulatory requirements for swimming pools and their associated safety barriers, following the recommendations in the Ombudsman’s...
Building and Energy
Discussion paper
20 May 2021
This information relates to home building work contracts that fall within the scope of the Home Building Contracts Act 1991 – that is, contracts for home building work valued between $7,500 and $500,000.
Building and Energy
Guide / handbook
17 May 2022
This bulletin provides guidance on the selection and installation of windows and doors. It is intended to assist in improving the standard of design, documentation and building compliance to reduce water penetration into buildings during wind driven rain events.
Building and Energy
Bulletin
06 May 2021

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Announcements

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
Home owners urged to hire professionals to trim trees near power lines Hazards include electric shock, arcing, fire and falls Vegetation should be kept 2m clear of most urban power lines As Western Australians tidy up their gardens for summer, the State’s electrical safety regulator has issued a reminder about rules and responsibilities for trimming trees near overhead power lines. Building and...
Building and Energy
Media release
07 Dec 2022

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