Building Services (Registration) Amendment Regulations 2012 (WA)

12 March 2012 GOVERNMENT GAZETTE, WA 989

Building Services (Registration) Act 2011

Building Services (Registration) Amendment

Regulations 2012

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.             Citation

These regulations are the Building Services (Registration)
Amendment Regulations 2012.

2.             Commencement

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)	regulation 3 and Part 2 — on the day after that day;
(c)	Part 3 — on the day the Building Act 2011 Part 2 comes into operation.

3.             Regulations amended

These regulations amend the Building Services (Registration)
Regulations 2011.

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Part 2 — Amendments relating to registration of
building surveyors

4.             Regulation 3 amended

In regulation 3 insert in alphabetical order:

building surveying work level 1 has the meaning given

in regulation 28A;

building surveying work level 2 has the meaning given

in regulation 28A;

insolvent, in relation to a body corporate, means an
externally-administered body corporate as that term is
defined in the Corporations Act 2001
(Commonwealth);

5.             Regulation 6 amended

(1) After regulation 6(1)(a) insert:

(ba)	building surveying practitioner level 1;
(bb)	building surveying practitioner level 2;
(bc)	building surveying practitioner technician;

(2) After regulation 6(2)(c) insert:

(da)	building surveying contractor level 1 (individual);
(db)	building surveying contractor level 1 (partnership);
(dc)	building surveying contractor level 1 (company);

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(dd)	building surveying contractor level 2 (individual);
(de)	building surveying contractor level 2 (partnership);
(df)	building surveying contractor level 2 (company);

6.             Regulation 8 amended

In regulation 8 in the Table after item 1 insert:

2A. Building surveying Building surveyors

practitioner level 1 Building surveying practitioner level 2 Building surveying practitioner technician

Building surveying
contractor level 1
(individual)
Building surveying
contractor level 1
(partnership)
Building surveying
contractor level 1
(company)
Building surveying
contractor level 2
(individual)

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Building surveying
contractor level 2
(partnership)
Building surveying
contractor level 2
(company)

7.             Part 3A inserted

After regulation 27 insert:

Part 3A — Building surveyors

28A.	Terms used
In this Part —
building surveying contractor means —

(a)	a building surveying contractor level 1 (individual); or
(b)	a building surveying contractor level 1 (partnership); or
(c)	a building surveying contractor level 1 (company); or
(d)	a building surveying contractor level 2 (individual); or
(e)	a building surveying contractor level 2 (partnership); or
(f)	a building surveying contractor level 2 (company);

building surveying work has the meaning given in the
Building Services (Complaint Resolution and
Administration) Regulations 2011 regulation 4A;

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building surveying work level 1 means building
surveying work in respect of any building or incidental

structure;

building surveying work level 2 means building
surveying work in respect of a building or incidental

structure —

(a)	with a floor area up to 2 000 m2; and
(b)	not more than 3 storeys in height.

28B. Prescribed titles: building surveying practitioners
and building surveying contractors

(1) The titles listed under each Part heading in the Table
are prescribed for the purposes of section 4(1).

Table

Part 1 — General

Registered Building Surveyor

Part 2 — Building surveying practitioners level 1

Registered Building Surveying Practitioner

Registered Building Surveying Practitioner Level 1

Part 3 — Building surveying practitioners level 2

Registered Building Surveying Practitioner Level 2

Part 4 — Building surveying practitioners

technicians

Registered Building Surveying Practitioner Technician

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Part 5 — Building surveying contractors level 1

and level 2 (individual)

Registered Building Surveying Contractor

Part 6 — Building surveying contractors level 1

and level 2 (partnership)

Registered Building Surveying Partnership
Registered Building Surveying Contractor: Partnership
Registered Building Surveying Contractor

(Partnership)

Part 7 — Building surveying contractors level 1

and level 2 (company)

Registered Building Surveying Company
Registered Building Surveying Contractor: Company

Registered Building Surveying Contractor (Company)

(2)	A building surveying practitioner level 1 is entitled to use a title prescribed in Parts 1 and 2 of the Table.
(3)	A building surveying practitioner level 2 is entitled to use a title prescribed in Parts 1 and 3 of the Table.
(4)	A building surveying practitioner technician is entitled to use a title prescribed in Parts 1 and 4 of the Table.
(5)	A building surveying contractor level 1 (individual) or building surveying contractor level 2 (individual) is entitled to use a title prescribed in Parts 1 and 5 of the Table.
(6)	A building surveying contractor level 1 (partnership) or building surveying contractor level 2 (partnership) is entitled to use a title prescribed in Part 6 of the Table.

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(7) A building surveying contractor level 1 (company) or
building surveying contractor level 2 (company) is
entitled to use a title prescribed in Part 7 of the Table.

28D. Qualifications and experience: building surveying
practitioners

(1) For the purposes of section 17(1)(b) —

(a)	a qualification listed in set 1 in the Table, together with the experience listed in set 1, are prescribed as qualifications and experience for a building surveying practitioner level 1; and
(b)	a qualification listed in set 2, set 3 or set 4 in the Table, together with the experience (if any) listed in the same set, are prescribed as qualifications and experience for —

(i)      the renewal of the registration of a building surveying practitioner level 1; and

(ii)      the registration of a building surveying practitioner level 1 until 30 June 2013.

Table

Qualifications Experience

Set 1 (a) Bachelor of experience in building

Building	surveying work for
Surveying and	periods totalling at
Certification	least the equivalent of
granted by the	3 years full-time
Central Queensland University; or

(b) an equivalent
qualification as
determined by the

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Qualifications Experience

Board

Set 2	Building Surveyors	periods totalling at
Certificate of	least the equivalent of
Qualification issued	5 years full-time
under the Local	unrestricted
Government	experience as a
(Qualifications of	building surveyor for
Municipal Officers)	a local government in
Regulations 1984	Western Australia in
regulation 12(1) or (2)	the period since 1 July 1998
Set 3	CPC60108 Advanced	periods totalling at
Diploma in Building	least the equivalent of
Surveying as described	5 years full-time
in CPC08:	unrestricted
Construction, Plumbing	experience as a
and Services Training	building surveyor for
Package published by	a local government in
Training.gov.au	Western Australia in the period since 1 July 1998
Set 4	Building Surveyor Level 1 certificate granted under the Local
Government (Building Surveyors) Regulations 2008 regulation 21

(2) For the purposes of section 17(1)(b) —

(a) a qualification listed in set 1 in the Table, together with the experience listed in set 1, are

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prescribed as qualifications and experience for

a building surveying practitioner level 2; and

(b) a qualification (if any) listed in set 2, set 3 or set 4 in the Table, together with the experience (if any) listed in the same set, are prescribed as qualifications and experience for —

(i)      the renewal of the registration of a building surveying practitioner level 2; and

(ii)      the registration of a building surveying practitioner level 2 until 30 June 2013.

Table

Qualifications Experience

Set 1	CPC60108 Advanced	experience in building
Diploma in Building	surveying work for
Surveying as described	periods totalling at
in CPC08:	least the equivalent of
Construction, Plumbing	2 years full-time
and Services Training Package published by Training.gov.au
Set 2	CPC50108 Diploma in	periods totalling at
Building Surveying as	least the equivalent of
described in CPC08:	4 years full-time
Construction, Plumbing	unrestricted
and Services Training	experience as a
Package published by	building surveyor for
Training.gov.au	a local government in Western Australia in the period since
1 July 1998

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Qualifications Experience

Set 3	periods totalling at least the equivalent of 6 years full-time unrestricted experience as a building surveyor for a local government in Western Australia in the period since 1 July 1998
Set 4	Building Surveyor Level 2 certificate granted under the Local
Government (Building Surveyors) Regulations 2008 regulation 21
(3)	For the purposes of section 17(1)(b) a qualification listed in set 1 in the Table or the experience listed in set 2, are prescribed as qualifications and experience for —

(a)	the renewal of the registration of a building surveying practitioner technician; and
(b)	the registration of a building surveying practitioner technician until 30 June 2013.

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Table

Qualifications Experience

Set 1	CPC50108 Diploma in Building Surveying as described in CPC08:
Construction, Plumbing and Services Training Package published by Training.gov.au
Set 2	12 months full-time experience as a building surveyor for a local government in Western Australia in the period between 1 July 2007 and 30 June 2008

28E. Financial requirements: building surveying
contractors

(1) For the purposes of section 18(1)(b) the following
financial requirements are prescribed for registration as
a building surveying contractor level 1 (individual) or a
building surveying contractor level 2 (individual) —

(a)	the applicant must not be an insolvent;
(b)	if the applicant has previously been an insolvent, the applicant must have the capacity to meet debts as and when they fall due.

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(2) For the purposes of section 18(1)(b) the following
financial requirements are prescribed for registration as
a building surveying contractor level 1 (partnership) or
a building surveying contractor level 2 (partnership) —

(a)	each partner of the partnership must not be an insolvent;
(b)	if a partner of the partnership has previously been an insolvent, the partnership must have the capacity to meet debts as and when they fall

due.

(3) For the purposes of section 18(1)(b) the following
financial requirements are prescribed for registration as
a building surveying contractor level 1 (company) or a
building surveying contractor level 2 (company) —

(a)	the applicant and each officer of the applicant must not be an insolvent;
(b)	if the applicant or an officer has previously been an insolvent, the applicant must have the capacity to meet debts as and when they fall due.

28F.	Insurance requirements: building surveying contractors
For the purposes of section 18(1)(c) the insurance requirements for registration as a building surveying contractor are that the applicant has professional indemnity insurance with a minimum level of indemnity of —

(a)	$1 000 000 for any one claim; and
(b)	$2 000 000 in aggregate during any one period of insurance.

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28G. Prescribed requirements: building surveying
contractors

(1)	For the purposes of section 18(1)(g) an applicant for registration as a building surveying contractor level 1 (individual) or a building surveying contractor level 2 (individual) must be an individual.
(2)	For the purposes of section 18(1)(g) an applicant for registration as a building surveying contractor level 1 (partnership) or a building surveying contractor level 2 (partnership) must be a partnership.
(3)	For the purposes of section 18(1)(g) an applicant for registration as a building surveying contractor level 1 (company) or a building surveying contractor level 2 (company) must be a corporation or an unincorporated body.

28H. Supervisor for building surveying contractors:
eligible person

(1)	For the purposes of the definition of eligible person in section 21(1), building surveying practitioner level 1 is prescribed as the class of building service practitioner
for the following classes of building service contractor —

(a)	building surveying contractor level 1 (individual);
(b)	building surveying contractor level 1 (partnership);
(c)	building surveying contractor level 1 (company).

(2) For the purposes of the definition of eligible person in
section 21(1), building surveying practitioner level 1
and building surveying practitioner level 2 are

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prescribed as classes of building service practitioner for the following classes of building service contractor —

(a)	building surveying contractor level 2 (individual);
(b)	building surveying contractor level 2 (partnership);
(c)	building surveying contractor level 2 (company).

8.             Part 4 Division 3 inserted

At the end of Part 4 insert:

Division 3 — Local Government (Building Surveyors)

Regulations 2008

47.           Terms used

In this Division —

2008 regulations means the Local Government
(Building Surveyors) Regulations 2008;

repeal day means the day on which section 112 comes
into operation.

48.           Continuation of registration

(1) For the purposes of section 139 —

(a) a person who holds any of the following qualifications is to be taken to be registered as a building surveying practitioner level 1 —

(i)      a Building Surveyor Level 1 certificate granted under regulation 21 of the 2008 regulations;

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(ii) Qualification issued by the Municipal
Building Surveyors Qualifications
Committee under the Local Government
(Qualifications of Municipal Officers) a Building Surveyors Certificate of or (2);

and

(b)

a person who holds a Building Surveyor of the 2008 regulations is to be taken to be registered as a building surveying practitioner level 2; and

(c) a person who holds a Building Surveyor Technician certificate granted under regulation 21 of the 2008 regulations is to be taken to be registered as a building surveying practitioner technician.

(2) The Building Commissioner may extend the period for
which a person is to be taken under section 139 to be
registered as a building surveying practitioner for a
period of up to 5 months.

49.           Nominated supervisors for contractors before repeal day

Before repeal day —

(a) a person who holds any of the following qualifications is to be taken to be registered as a building surveying practitioner level 1 for the purposes of regulation 28H(1) —

(i)      a Building Surveyor Level 1 certificate granted under regulation 21 of the 2008 regulations;

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(ii) Qualification issued by the Municipal
Building Surveyors Qualifications
Committee under the Local Government
(Qualifications of Municipal Officers) a Building Surveyors Certificate of or (2);

and

(b)

a person who holds a Building Surveyor of the 2008 regulations is to be taken to be registered as a building surveying practitioner level 2 for the purposes of regulation 28H(1) and (2).

50.           Cancellation of certificate

(1)	The Board may cancel a certificate of qualification issued under the 2008 regulations to a person who obtained the certificate by fraud or misrepresentation.
(2)	Section 64(2) applies to a decision of the Board to cancel a certificate of qualification under this regulation as if the decision was a reviewable decision as defined in section 64(1).
(3)	If the Board decides to cancel a person’s certificate of qualification the Board must give the person written notice of the decision, the reasons for the decision and the person’s right of review under section 64(2).

51.           Membership of Board — experience as a building surveyor

For the purposes of section 67(2)(c) a person referred
to in regulation 49(a) or (b) is to be taken to be a
person who has experience as a registered building

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service provider in a class listed in item 2A of the
Table to regulation 8.

9.             Schedule 1 amended

After Schedule 1 Division 3 insert:

Division 4A — Building surveyors

Item Description of fee Fee ($)

1.                Application for registration as building

surveying practitioner level 1 or level 2 100

2.                Application for registration as building

surveying practitioner technician 50
3.	Application for registration as building surveying contractor level 1 or level 2 (individual) 65
4.	Application for registration as building surveying contractor level 1 or level 2 (partnership) 65
5.	Application for registration as building surveying contractor level 1 or level 2 (company) 65

6.                Registration fee for building surveying

practitioner technician (1 year) 150

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Item Description of fee Fee ($)

7.                Registration fee for building surveying

practitioner level 1 or level 2 (1 year) 295

8.                Registration fee for building surveying

practitioner level 1 or level 2 (2 years) 575

9.                Registration fee for building surveying

practitioner level 1 or level 2 (3 years) 830

10.              Registration fee for building surveying

contractor level 1 or level 2 (individual)

(1 year) 200

11.              Registration fee for building surveying

contractor level 1 or level 2 (individual)

(2 years) 390

12.              Registration fee for building surveying

contractor level 1 or level 2 (individual)

(3 years) 580

13.              Registration fee for building surveying

contractor level 1 or level 2 (partnership)

(1 year) 500

14.              Registration fee for building surveying

contractor level 1 or level 2 (partnership)

(2 years) 970

15.              Registration fee for building surveying

contractor level 1 or level 2 (partnership)

(3 years) 1 450
16.	Registration fee for building surveying contractor level 1 or level 2 (company) (1 year) 650

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Item	Description of fee	Fee ($)
17.	Registration fee for building surveying contractor level 1 or level 2 (company) (2 years)	1 260
18.	Registration fee for building surveying contractor level 1 or level 2 (company) (3 years)	1 890
19.	Late fee for application for renewal made

after the renewal period 50

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Part 3 — Amendments related to the Building Act 2011

10.           Regulation 3 amended

In regulation 3 insert in alphabetical order:

certificate of building compliance means a certificate

that complies with the Building Act 2011 section 57;

certificate of construction compliance means a
certificate that complies with the Building Act 2011
section 56;

certificate of design compliance means a certificate that complies with the Building Act 2011 section 19;

compliance certificate means —

(a)	a certificate of building compliance; or
(b)	a certificate of construction compliance; or
(c)	a certificate of design compliance;

11.           Regulation 4 amended

After regulation 4(a) insert:

(ba)	building surveying work level 1 as the person issuing a compliance certificate;
(bb)	building surveying work level 2 as the person issuing a compliance certificate;

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12.           Regulation 28C inserted

After regulation 28B insert:

28C. Building surveying contractors: building services
prescribed

(1) For the purposes of section 11(a), building surveying
work level 1 as the person issuing a compliance
certificate is prescribed as a building service that the
following classes of building service contractors are
entitled to carry out —

(a)	building surveying contractor level 1 (individual);
(b)	building surveying contractor level 1 (partnership);
(c)	building surveying contractor level 1 (company).

(2) For the purposes of section 11(a), building surveying
work level 2 as the person issuing a compliance
certificate is prescribed as a building service that the
following classes of building service contractors are
entitled to carry out —

(a)	building surveying contractor level 2 (individual);
(b)	building surveying contractor level 2 (partnership);
(c)	building surveying contractor level 2 (company).

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13.           Regulation 28I to 28K inserted

At the end of Part 3A insert:

28I.	Condition on registration: building surveying contractor
The registration of a building surveying contractor is subject to the condition that the work of any building surveying practitioner technician employed or engaged
by the contractor must be supervised by a building surveying practitioner level 1 or a building surveying practitioner level 2.
28J.	Display of certificate of registration

(1) Subject to subregulation (2), a building surveying
contractor who carries out building surveying work as
the person issuing a compliance certificate must ensure
that there is displayed in a prominent location at the
premises where the contractor principally carries on
business the following —

(a)	the contractor’s certificate of registration;
(b)	the certificate of registration as a practitioner of a nominated supervisor for the contractor.

Penalty: a fine of $1 000.

(2) A building surveying contractor who carries on
business at a private residence is not required to display
the certificates of registration referred to in
subregulation (1) if no part of the residence is used for
the purpose of meeting with clients or prospective
clients.

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28K. Display of signs

(1) Subject to subregulation (2), a building surveying
contractor who carries out building surveying work as
the person issuing a compliance certificate must ensure
that there is displayed at the premises where the
contractor principally carries on business a sign that
complies with the following requirements —

(a)	the sign must be located in a prominent position at the premises and be able to be read by a person entering the premises;
(b)	the sign must contain the following details —

(i)      the registered name of the contractor;

(ii)      the trading name of the contractor if the trading name is different to the registered name;

(iii)      the class of registration of the contractor;

(iv)      the contractor’s registration number;

(v)      the name and registration number of at least one nominated supervisor for the contractor.

Penalty: a fine of $1 000.

(2) A building surveying contractor who carries on
business at a private residence is not required to display
the sign referred to in subregulation (1) if no part of the
residence is used for the purpose of meeting with
clients or prospective clients.

By Command of the Governor,

G. MOORE, Clerk of the Executive Council.