Building Services (Complaint Resolution and Administration) Regulations 2011 (WA)
Western Australia
Building Services (Complaint Resolution and Administration) Act 2011
Western Australia
Building Services (Complaint Resolution and Administration) Act 2011
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the
Gazette ;(b) Part 3 Divisions 1 and 3 — on the day on which section 94 of the Act comes into operation;
(c) regulation 7(a) and Part 3 Division 2 — on the day on which the
Building Act 2011 Part 2 comes into operation;(d) the rest of the regulations — on the day on which Part 2 of the Act comes into operation.
(1) In these regulations —
(a) a building permit; or
(b) a demolition permit; or
(c) an occupancy permit.
(2) Each of the following terms has the meaning given to it in the
Building Act 2011 section 3 —
(1) In this regulation —
(a) the examination of plans and specifications for a building or incidental structure to assess the safety, accessibility and energy efficiency of a building or incidental structure if the building or incidental structure is built in accordance with the plans and specifications; and
(b) the examination of an existing building or incidental structure to assess the safety, accessibility and energy efficiency of the building or incidental structure.
(2) Building surveying work is prescribed for the purposes of the definition of
building service in section 3 of the Act.
(1) In this regulation —
(a) means either of the following that relates to a building or incidental structure —
(i) professional engineering work of the kind carried out by a building service practitioner in a class of building engineering practitioner listed in the
Building Services (Registration) Regulations 2011 regulation 6(1);(ii) technical engineering work of the kind carried out by a building service practitioner in a class of building engineering practitioner listed in the
Building Services (Registration) Regulations 2011 regulation 6(1);
and
(b) includes the examination of plans and specifications to provide building design solutions in line with engineering principles, data and calculations, except building design solutions that comprise plumbing work;
(a) for carrying out a design, or construction or production activity, relating to engineering; and
(b) the application of which, to the carrying out of the design, or construction or production activity, does not require advanced scientifically‑based calculations;
(a) means engineering work that requires, or is based on, the application of engineering principles and data to a design, or construction or production activity, relating to engineering; but
(b) does not include engineering work that is done only in accordance with a prescriptive standard;
(a) requires, or is based on, the application of engineering principles and data to a design, or construction or production activity, relating to engineering; and
(b) is done in accordance with a prescriptive standard.
(2) Building engineering work is prescribed for the purposes of the definition of
building service in section 3 of the Act.
(1) In this regulation —
(a) the application of paint to a floor, path or driveway composed of concrete or a similar material;
(b) the application of a protective coating to a building which has first been treated by abrasive blasting or mechanical cleaning, if both processes are undertaken by the same contractor;
(c) signwriting.
(2) Painting work is prescribed for the purposes of the definition of
building service in section 3 of the Act.
The
(1) In this regulation —
(a) a person who was registered under the
Builders’ Registration Act 1939 section 9A, 10 or 10A; or(b) a person who has constructed a dwelling under a building licence issued to that person in accordance with the
Builders’ Registration Act 1939 section 4A(1)(c);
(2) The following work is prescribed for the purposes of the definition of
regulated building service in section 3 of the Act —(a) unauthorised work;
(b) the construction, alteration or demolition of a building by a person who was a repealed Act builder at the time the work was carried out.
A building service complaint about the carrying out of a regulated building service may only be made by a person whose interests are being, or have been, adversely affected by the carrying out of the regulated building service.
(1) In this regulation —
(2) At least 14 days before making a complaint under section 5(1) or (2) of the Act, the complainant must give to the person who will be the respondent written notice that the complainant proposes to make the complaint together with such description as the complainant is reasonably able to give of —
(a) the remedy the complainant proposes to seek; and
(b) the evidence on which the complainant proposes to rely.
(3) A complaint under section 5(1) or (2) of the Act must be accompanied by proof that notice has been given as required under this regulation.
(4) The Building Commissioner may waive or modify the requirement to comply with subregulation (2) or (3) if the Building Commissioner is satisfied that, in the particular circumstances, the complainant has given adequate notice about the proposed complaint.
For the purposes of section 6(1) of the Act the following criteria apply when determining the date of completion of a regulated building service —
(a) in the case of building work or demolition work carried out under a building permit or a demolition permit —
(i) if, under the
Building Act 2011 section 34(1), the responsible person in relation to the permit gives notice of cessation to act as the responsible person to a relevant permit authority, the work, in relation to that person, is completed when the notice is given;(ii) otherwise, the work is completed when a notice of completion of the work is given to a relevant permit authority under the
Building Act 2011 section 33(1);
(b) in the case of a regulated building service that —
(i) is not carried out under a building permit or demolition permit; and
(ii) is carried out under a home building work contract or other contract that provides for a date of practical completion; and
(iii) has been brought to practical completion,
the building service is completed on the date practical completion is achieved.
(1) In this regulation —
(a) a Health Care Card issued by Centrelink; or
(b) a Pensioner Concession Card issued by Centrelink; or
(c) a Commonwealth Seniors Health Card issued by Centrelink; or
(d) a Repatriation Health Card issued by the Commonwealth Department of Veterans’ Affairs; or
(e) a State Concession Card issued under the
Rates and Charges (Rebates and Deferments) Act 1992 section 6; or(f) an entitlement to the rate of pension provided for in the
Veterans’ Entitlements Act 1986 (Commonwealth) section 24.(2) Subject to regulation 9, a building service complaint or HBWC complaint must be accompanied by —
(a) in the case of a complaint by a financially disadvantaged person — a fee of $61.00; or
(b) otherwise — a fee of $122.00.
(3) If complaints under both section 5(1) and (2) of the Act are made in the same complaint form, the fee specified in subregulation (2) is payable in respect of each complaint.
(1) The Building Commissioner may, in a particular case for financial hardship or if the Building Commissioner considers it is just to do so, direct in relation to a fee under regulation 8(2) —
(a) that payment of the fee be waived; or
(b) that the fee be reduced or that the whole or part of a fee be refunded; or
(c) that the payment of the whole or part of the fee be deferred until the time, and upon the conditions, if any, the Building Commissioner thinks fit.
(2) For the purposes of assessing financial hardship, the Building Commissioner must have regard to the applicant’s income, day‑to‑day living expenses, liabilities and assets.
(3) Except as otherwise directed by the Building Commissioner, an application for a fee to be waived, reduced, refunded or deferred must be in a form approved by the Building Commissioner.
(4) Before determining an application under this regulation, the Building Commissioner may require the applicant to provide the Commissioner with further information the Building Commissioner requires either orally or in writing.
(5) A fee, payment of which has been deferred until an event occurs, becomes payable when that event occurs.
A disciplinary complaint may only be made by a person who has reasonable cause to believe that a disciplinary matter has occurred or is occurring.
(1) In this regulation —
(2) An applicant for a building permit must pay to the permit authority to which the application is made a building services levy —
(a) of $61.65 if the value of the building work is not more than $45 000; or
(b) otherwise, at the rate of 0.137% of the value of the building work.
(3) An applicant for a demolition permit must pay to the permit authority to which the application is made a building services levy —
(a) of $61.65 if the value of the demolition work is not more than $45 000; or
(b) otherwise, at the rate of 0.137% of the value of the demolition work.
(4) An applicant for an occupancy permit, or building approval certificate, under the
Building Act 2011 section 47, 49, 50 or 52must pay to the permit authority to which the application is made a building services levy of $61.65.(5) An applicant for an occupancy permit, or building approval certificate, under the
Building Act 2011 section 51 in respect of unauthorised work within the meaning of that section must pay to the permit authority to which the application is made a building services levy —(a) of $123.30 if the value of the unauthorised work, as determined by the permit authority, is not more than $45 000; or
(b) otherwise, at the rate of 0.274% of the current value of the work as determined by the permit authority.
(6) The building services levy is payable when the application is made.
(7) If there is more than one applicant for a permit or building approval certificate, each applicant named on the application is jointly and severally liable for payment of the building services levy.
(1) If, on the completion of building work or demolition work for which a building permit or demolition permit has been granted, the Building Commissioner is satisfied that the value of the work varies by an additional amount of $25 000 or more (after adjustment has been made for inflation as set out in regulation 14(1)) from the value of that work as set out in the application for the permit, the person who applied for the permit must pay to the Building Commissioner an amount equal to the extra amount of building services levy that would have been payable if the value of the work set out in the application had been the actual value of the work that has been completed.
(2) The amount referred to in subregulation (1) is payable within 30 days after the person who paid the levy receives written notice from the Building Commissioner that the amount is payable.
(1) Adjustment must be made for inflation for the purposes of regulation 13 by calculating interest on the value of the building work or demolition work as stated in the application for the building permit or demolition permit at the CPI rate as determined by the Building Commissioner under subregulation (2).
(2) The CPI rate to be used under subregulation (1) must be determined by the Building Commissioner in accordance with the following —
(a) the rate is the percentage by which the Index for the quarter ending in March immediately prior to the determination is greater than the CPI for the quarter ending in March of the previous year;
(b) if the CPI for the quarter ending in March immediately prior to the determination is not greater than the CPI for the quarter ending in March of the previous year, the CPI rate is nil.
(3) In subregulation (2) —
(1) The Building Commissioner may, by notice published in the
Gazette , waive or reduce the amount of building services levy payable in respect of a permit or building approval certificate granted for building work or demolition work to be carried out, or carried out, because of damage caused by a natural disaster specified in the notice in an area specified in the notice.(2) In subregulation (1) —
(3) If, in a particular case, the Building Commissioner is satisfied that the circumstances warrant the reduction or waiver of a building services levy, the Building Commissioner may, in writing, waive or reduce the amount of levy payable.
(4) If a person pays a building services levy that is later reduced or waived, the Building Commissioner must refund from the Building Services Fund to that person the amount appropriate to that reduction or waiver.
(1) If a permit authority refuses to grant a permit or building approval certificate to an applicant, the permit authority must refund to the applicant the amount of the building services levy paid in respect of the permit or building approval certificate.
(2) The permit authority must include the refund with the written notice of the decision to refuse given under the
Building Act 2011 section 24 or 60.(3) The Building Commissioner may refund all or part of an amount of building services levy that has been paid in a particular case if the Building Commissioner is satisfied that exceptional circumstances warrant the refund being given in that case.
In this Division —
(1) A permit authority must, within 14 days after the end of the month in which it issues or grants a permit or building approval certificate for which it receives an amount of building services levy, remit the amount to the Building Commissioner.
(2) The Building Commissioner is to pay to a local government a fee of $5.00 for each amount of building services levy remitted by the local government in accordance with subregulation (1).
(3) The payment referred to in subregulation (2) may be deducted by the local government from the amount remitted in accordance with subregulation (1).
If a permit authority does not remit an amount of levy to the Building Commissioner in accordance with regulation 18(1), the unpaid amount may be recovered from the permit authority in a court of competent jurisdiction as a debt due.
If an amount of building services levy or an amount payable under regulation 13(1) remains unpaid after the day on which it becomes due for payment, there is payable to the Building Commissioner by way of penalty, in addition to the amount of the levy, an amount calculated (pro rata) at the rate prescribed under the
The Building Commissioner may recover —
(a) an amount of building services levy that is due for payment; and
(b) an amount due under regulation 13 or 20,
as a debt due in any court of competent jurisdiction.
(1) A permit authority must, when it remits an amount of levy for permits and approval certificates granted in any month to the Building Commissioner, include the following information in a form approved by the Building Commissioner —
(a) the name of the permit authority;
(b) the amount of levy collected, including the amount collected for each permit and building approval certificate;
(c) the number of permits and building approval certificates granted;
(d) the amount retained by way of payment for collection and remittance;
(e) the period for which the amount was collected.
(2) A permit authority must provide to the Building Commissioner such further information as the Building Commissioner requires in relation to amounts of building services levy received by the permit authority.
(3) The information must be provided in a form approved by the Building Commissioner and at such times as are directed in writing by the Building Commissioner.
(1) The offences specified in Schedule 1 are offences for which an infringement notice may be issued under the
Criminal Procedure Act 2004 Part 2.(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the
Criminal Procedure Act 2004 section 5(3).
(1) The Building Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the
Criminal Procedure Act 2004 Part 2.(2) The Building Commissioner must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
For the purposes of the
(a) Schedule 2 Form 1 is the prescribed form for an infringement notice; and
(b) Schedule 2 Form 2 is the prescribed form for the withdrawal of an infringement notice.
In this Part —
(1) A party to a current proceeding may request the Building Commissioner to cause an inspection to be made of building work and the Building Commissioner may, if of the opinion that it is appropriate to do so, authorise an authorised officer to make the inspection.
(2) Part 4 of the Act applies to an inspection authorised under subregulation (1) as if the inspection were an inspection under that Part.
The Building Commissioner may exercise any of the powers of the former registrar under the repealed Act for the purposes of a current proceeding or the enforcement of an order made by the former Tribunal, including the taking of proceedings under section 12A(4) of the repealed Act.
(1) In this regulation —
(2) A person named as the builder on a building permit that is granted on a deemed application must pay to the permit authority that grants the building permit a building services levy of $41.50.
(3) The building services levy is payable when the building permit is granted.
(1) In this regulation —
(2) If a person fails to comply in whole or in part with an order of the former Tribunal or the Registrar of the former Tribunal under section 12A(1)(a) or (1a)(a) of the repealed Act, the Building Commissioner or the State Administrative Tribunal may deal with the matter as if the order were a building remedy order to which section 51 of the Act applied.
(3) For the purposes of subregulation (2) —
(a) if the amount claimed is not more than $100 000, the Building Commissioner is taken to be the responsible adjudicator under section 51 of the Act;
(b) otherwise, the State Administrative Tribunal is taken to be the responsible adjudicator.
[r. 22A]
s. 25(2) | Failure to attend a conciliation proceeding as requested by the Building Commissioner | $1 000 |
s. 47(2) | Failure to comply with a direction of the Building Commissioner to provide information or produce records | $2 000 |
[r. 22C]
Infringement notice no. | ||||||
Name | ||||||
Address | ||||||
Date or period | ||||||
Time | ||||||
Place | ||||||
Details of offence | ||||||
Written law contravened | ||||||
Date of notice | ||||||
Name | ||||||
Office | ||||||
Signature | ||||||
$ | ||||||
It is alleged that you have committed the above offence. | ||||||
Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. | ||||||
By post | Tick the relevant box below and post this notice to: Approved Officer — [ I want to pay the modified penalty. A cheque or money order (payable to ‘Approved Officer’ — | |||||
I want to pay the modified penalty by credit card. Please debit my credit card account. | ||||||
Card type _____________________________ Cardholder name _______________________ Card number [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] Expiry date of card _____/_____ Amount $__________ Signature ____________________ | ||||||
In person | Pay the cashier at: [ | |||||
Withdrawal no. | |||||
Name | |||||
Address | |||||
Infringement notice no. | |||||
Date of issue | |||||
Date or period | |||||
Time | |||||
Place | |||||
Details of offence | |||||
Written law contravened | |||||
Name | |||||
Office | |||||
Signature | |||||
Date of withdrawal | |||||
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. * Your refund is enclosed * If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: Approved Officer — | |||||
This is a compilation of the
26 Aug 2011 p. 3453‑71 | r. 1 and 2: 26 Aug 2011 (see r. 2(a)); Pt. 3 Div. 1 and 3: 29 Aug 2011 (see r. 2(b) and | |
12 Mar 2012 p. 985-7 | r. 1 and 2: 12 Mar 2012 (see r. 2(a)); r. 3 and 4: 13 Mar 2012 (see r. 2(b)); Regulations other than r. 1-4: 2 Apr 2012 (see r. 2(c) and | |
14 Aug 2012 p. 3827‑8 | r. 1 and 2: 14 Aug 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Aug 2012 (see r. 2(b)) | |
27 Jun 2013 p. 2663-4 | r. 1 and 2: 27 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b)) | |
17 Apr 2014 p. 1073-4 | r. 1 and 2: 17 Apr 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Apr 2014 (see r. 2(b)) | |
17 Jun 2014 p. 1958-9 | r. 1 and 2: 17 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)) | |
5 May 2015 p. 1593‑4 | r. 1 and 2: 5 May 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
23 Jun 2015 p. 2164‑5 | r. 1 and 2: 23 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
3 Jun 2016 p. 1745-73 | 1 Jul 2016 (see r. 2(b)) | |
23 Jun 2017 p. 3213‑52 | 1 Jul 2017 (see r. 2(b)) | |
25 Jun 2018 p. 2325‑53 | 1 Jul 2018 (see r. 2(b)) | |
26 Apr 2019 p. 1209-22 | 27 Apr 2019 (see r. 2(b)) | |
18 Jun 2019 p. 2077‑115 | 1 Jul 2019 (see r. 2(b)) | |
SL 2020/163 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |
SL 2022/59 20 May 2022 | 1 Jul 2022 (see r. 2(b)) | |
SL 2023/64 2 Jun 2023 | 1 Jul 2024 (see r. 2(b)) | |
SL 2024/12 9 Feb 2024 | 10 Feb 2024 (see r. 2(d)) | |
SL 2024/255 11 Dec 2024 | 12 Dec 2024 (see r. 2(b)) | |
SL 2025/89 11 Jun 2025 | 1 Jul 2025 (see r. 2(b)) | |
applicant..................................................................................................................... 12(1)
building approval certificate..................................................................................... 3(2)
building engineering work..................................................................................... 4B(1)
building licence........................................................................................................... 3(1)
building permit............................................................................................................ 3(2)
building surveying work......................................................................................... 4A(1)
building work................................................................................................... 3(2), 12(1)
Centrelink..................................................................................................................... 8(1)
complainant.................................................................................................................. 6(1)
CPI.............................................................................................................................. 14(3)
current proceeding......................................................................................................... 23
deemed application................................................................................................... 26(1)
demolition permit........................................................................................................ 3(2)
demolition work.......................................................................................................... 3(2)
engineering work..................................................................................................... 4B(1)
financially disadvantaged person............................................................................. 8(1)
former registrar.............................................................................................................. 23
former Tribunal.................................................................................................. 23, 27(1)
natural disaster.......................................................................................................... 15(2)
occupancy permit........................................................................................................ 3(2)
paint............................................................................................................................... 4(1)
painting work............................................................................................................... 4(1)
permit..................................................................................................................... 3(1), 17
permit authority............................................................................................................. 17
prescriptive standard............................................................................................... 4B(1)
professional engineering work............................................................................... 4B(1)
repealed Act........................................................................................................ 23, 27(1)
repealed Act builder................................................................................................ 5A(1)
technical engineering work.................................................................................... 4B(1)
unauthorised work................................................................................................... 5A(1)
value............................................................................................................................ 12(1)
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