Building and Energy legislative framework

Architects Act 2004

The Architects Act 2004 provides for the effective registration of architects in WA.  It regulates the use of the title 'architect', monitors professional standards and seeks to prevent conduct by non-architects that may be misleading to consumers of architectural services.

Subsidiary legislation: Architects Regulations 2005.

Building Act 2011

The Building Act 2011 commenced on 2 April 2012, introducing a new building approval process for WA and bringing significant changes to the building approvals process – from the design stage right through to occupation of a building.

The Act and the Building Regulations 2012 replaced the Building Regulations 1989 and much of the Local Government (Miscellaneous Provisions) Act 1960 and amend a range of associated acts.

Further information on the Regulations are available in the Building Regulations 2012 – Explanatory guide.

The commencement of the Act introduced a new Building Services Levy, private design certification services provided by registered building surveying contractors and consent requirements for work affecting other land.

Building and Construction Industry (Security of Payment) Act 2021

The Building and Construction Industry (Security of Payment) Act 2021 (Act) provides important payment protections for all participants in the Western Australian building and construction industry (some exclusions apply). It applies to construction contracts entered into on or after 1 August 2022.

The Act provides effective rights to get paid and recover debts owed, modifies and prohibits certain provision in construction contracts, and provides a number of protections for contractor performance security such as retention money and bank guarantees.

Subsidiary legislation: Building and Construction Industry (Security of Payment) Regulations 2022

Building Services (Complaint Resolution and Administration) Act 2011

This Building Services (Complaint Resolution and Administration) Act 2011 establishes the Building Commissioner as a statutory role and Building and Energy as a central place for the administration of building regulation and customer service.

The Act deals with the process of dealing with complaints and resolving disputes, which may involve conciliation or referral to the State Administrative Tribunal, the provision of orders to remedy building work and the authorisation for audits, inspections and investigations.

The supporting Building Services (Complaint Resolution and Administration) Regulations 2011 enable Building and Energy to deal with complaints made against building surveyors.

When considering the Regulations, please refer to the Explanatory guide to the building surveying amendments.

Building Services Levy Act 2011

A building services levy is payable on permits and building approval certificates issued under the Building Act 2011. The levy is paid to local governments for the purposes of the funding the operations of Building and Energy to regulate the building services industry. The Building Services Levy Act 2011 makes it lawful to charge the building services levy as a tax.

Building Services (Registration) Act 2011

The Building Services (Registration) Act 2011 establishes a flexible framework for the registration of building service providers including builders, painters and building surveyors, in WA.

The Act:

• provides for the registration of individuals, partnerships and companies as building service practitioners or building service contractors;
• provides for approval of owner-builders;
• establishes the Building Services Board.

The supporting Building Services (Registration) Regulations 2011 implement the registration of building surveyors to support the operations of the Building Act 2011 (Parts 2 to 16).

Construction Contracts (Former Provisions) Act 2004

The Construction Contracts (Former Provisions) Act 2004 provides a rapid adjudication process to resolve disputes that arise over payments when individuals and organisations enter into contracts for building and construction work. The Act allows for the appointment of an adjudicator and establishes time limits on the adjudication process.

The adjudication process under the Act does not cover salary or wage disputes. For assistance with resolving a salary or wage dispute, please contact the Fair Work Ombudsman on 13 13 94.

Subsidiary legislation: Construction Contracts Regulations 2004.

Dividing Fences Act 1961

The Dividing Fences Act 1961 combines with local government by-laws to regulate dividing fences in WA. It covers a process for sharing costs between neighbours, the determination of boundaries and a mechanism for courts to deal with disputes over dividing fences. It does not apply to retaining walls, fence height restrictions or encroachments.

Subsidiary legislation: Dividing Fences Regulations 1971.

Home Building Contracts Act 1991

The Home Building Contracts Act 1991 provides protection for homeowners and people undertaking home-building work.

The Act sets out the minimum requirements for contracts and applies to contracts for home-building and associated work valued between $7,500 and $500,000.

The Act includes:

• provision of the Notice for the Homeowner;
• the provision of home indemnity insurance;
• requirements of home-building work contracts;
• conditions regarding deposits, progress payments and variations.

Subsidiary legislation: Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002 and the Home Building Contracts Regulations 1992.

Plumbers Licensing Act 1995

The Plumbers Licensing Act 1995 provides for the authorisation of licensed plumbing contractors and tradespersons to undertake plumbing work and the administration of a compliance and inspection framework to certify plumbing work standards.

Part 5A of the Act establishes the Plumbers Licensing Board with functions to licence plumbers, regulate their plumbing work and provide the Minister with advice on the qualification and training needs of the trade.

Subsidiary legislation: Plumbers Licensing and Plumbing Standards Regulations 2000 and the Water Services Coordination Regulations 1996.

Go to the Parliamentary Counsel's Office website

Click here to view these Acts and subsidiary legislation

Building and plumbing legislation in Western Australia (WA) adopts the National Construction Code (NCC) as the building and plumbing standards.

You can download a free copy of the NCC from the ABCB website. 

The NCC sets out the minimum requirements for the design and construction of buildings and plumbing and drainage systems in Australia. It is produced by the Australian Building Codes Board (ABCB) and given legal effect by state and territory governments.

There are three volumes which are amended every three years. In WA, Volumes One and Two of the NCC are referred to as the Building Code and Volume Three is referred to as the Plumbing Code.

Part 3 of the Building Act 2011 requires buildings to comply with building standards.  Part 4 of the Building Regulations 2012 prescribes the building standards, typically the Building Code.

Part 6 of the Plumbers Licensing and Plumbing Standards Regulations 2000 prescribes and requires compliance with plumbing standards, principally the Plumbing Code.

The NCC references other documents such as Australian Standards to provide technical information.  These can be purchased and/or accessed via paid subscription from Standards Australia. 

They can also be viewed in the reserve section of the State Library of Western Australia or via the Standards Australia Reader Room.

Builders

The area of the state where registration of builders applies encompasses 137 local governments in WA. In some instances, only major town sites are included.

See the Directory of Local Government.

Builders Registration WA Map

Jurisdiction for the registration of builders in Western Australia.

This map highlights the areas of Western Australia where builders are required to be registered with the Building Services Board.

Note: registration is not required on Christmas Island or the Cocos (Keeling) Islands.

The Home Building Contracts Act 1991 applies to all areas in WA. However, home indemnity insurance requirements do not apply on Christmas Island and the Cocos (Keeling) Islands. 

Download a PDF of the builders map and zoom in for details.

Building surveyors

Persons wishing to work in Western Australia as a building surveyor, whether for local government or privately, are required to be registered. Registration is required in all areas of Western Australia, as well as on Christmas Island and Cocos (Keeling) Islands.

Painters

The area of the state where registration of painters applies encompasses 137 local governments in WA. In some instances, only major town sites are included.

The South West Land Division extends from the Kalbarri area on the West Coast and through the Hopetoun region on the South Coast. In addition, the Board's area includes specified townsites within the shires of Coolgardie, Dundas, Esperance, Yilgarn, Laverton, Ravensthorpe, and the City of Kalgoorlie/Boulder.

Painters Registration WA Map

Jurisdiction for the registration of painters in Western Australia.

This map highlights the areas of Western Australia where painters are required to be registered with the Building Services Board.

Note: registration is not required on Christmas Island or the Cocos (Keeling) Islands.

Download a PDF of the painters map and zoom in for details.

To achieve Building and Energy's regulatory objectives, the Director of Energy Safety and staff administer a wide suite of legislation.

Legislation

• Energy Safety Act 2006
• Energy Safety Regulations 2006
• Energy Safety Levy Act 2006
• Energy Coordination Act 1994 (major parts)
• Energy Coordination (General) Regulations 1995
• Electricity Act 1945 (most parts)
• Electricity (Licensing) Regulations 1991
• Electricity Regulations 1947
• Electricity (Network Safety) Regulations 2015
• Gas Standards Act 1972
• Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999
• Gas Standards (Gas Supply and System Safety) Regulations 2000
• Gas Standards (Infringement Notices) Regulations 2007

Specific responsibilities

The legislation provides for the Director, supported by the staff of Building and Energy, to:

• Ensure the safety of consumers' electrical installations and appliances, by:
  • licensing electrical workers and electrical contractors (through the functions of the associated statutory Electrical Licensing Board) and enforcing prescribed technical standards for electrical installing work;
  • requiring electricity network operators to conduct consumer installation safety inspections in accordance with prescribed requirements and auditing this work to ensure compliance;
  • conducting safety inspections of consumers' electrical installations that are not connected to utility networks; and
  • auditing electrical appliances and equipment being offered for sale, to check compliance with prescribed safety requirements.
• Ensure the safety of consumers' gas installations and appliances (including industrial gas appliances) by:
  • licensing gas fitters and enforcing prescribed technical standards for gasfitting work;
  • requiring gas network operators, gas pipeline licensees and LP Gas cylinder distributors to conduct consumer installation safety inspections in accordance with prescribed requirements;
  • overseeing the work of inspectors approving industrial, commercial and domestic gas appliances;
  • conducting safety inspections of consumers' gas installations that are not connected to utility networks or are not supplied with LP Gas directly from a distributor; and
  • auditing gas appliances and equipment being offered for sale, to check compliance with prescribed safety requirements.
• Ensure the safety and acceptable performance of gas distribution infrastructure by:
  • auditing gas network operators' design standards and constructed networks for compliance with prescribed safety requirements;
  • monitoring the safe work practices of network operators' employees and contractors, including attendance to incidents;
  • monitoring the quality of gas provided to consumers generally, for compliance with prescribed requirements;
  • investigating consumers' complaints about gas supply reliability and quality; and
  • auditing network operators' compliance with prescribed meter management requirements to ensure acceptable meter accuracy.
• Appoint and oversee all inspectors in the State (including those of network operators).
• Ensure the safety of electrical and gas workers by enforcing prescribed safety requirements and providing guidance in respect of safe work practices.
• Issue exemptions or variations to certain regulatory requirements (electrical and gas).
• Investigate electrical and gas safety incidents (although incidents associated with electricity or gas utilities supply systems, or their customers, are usually inspected first by the utilities' inspectors).
• Enforce statutory requirements through advice, warnings, prosecutions, and in the case of licence holders, also through disciplinary action;
• respond to consumer concerns generally, regarding electrical and gas technical safety matters.
• Promote electricity and gas safety to both the public and industry operatives.

Energy technical safety regulatory framework

In Western Australia, all persons who design, construct, operate and/or maintain:

• electricity generation, transmission and distribution systems;
• consumers' electrical installations;
• gas distribution systems (including in cylinders); and
• consumers' gas installations,

must comply with the electricity and gas technical and safety legislation administered by Building and Energy.

Building and Energy is an independent regulator through the statutory functions of the Director of Energy Safety created by Part 2 (s.5 - s.9) of the Energy Coordination Act 1994.  This act also provides for the designation and powers of inspectors, through Part 3 (s.12- s.20) and the Energy Coordination (Inspectors and Infringement Notices) Regulations 1995.

Building and Energy as an independent regulator is funded by industry in accordance with the Energy Safety Act 2006 and the Energy Safety Levy Act 2006.

All electrical work must be carried out in accordance with the requirements of the Electricity Act 1945 and supporting regulations.

Electricity (Network Safety) Regulations 2015

Designed to ensure the safety of the public, consumers and electricity workers in the vicinity of electricity supply infrastructure.

Electricity (Network Safety) Regulations 2015

Electricity Regulations 1947

Deal with electrical worker safety and the supply of electricity to consumers including obligations to inspect consumer installations. These regulations also cover requirements for the safety approval of certain types of electrical equipment.

Electricity Regulations 1947

Electricity (Licensing) Regulations 1991

These Regulations 1991 cover the standards of electrical work on consumers' installations, licensing of electrical workers and contractors and procedural matters.

Electricity (Licensing) Regulations 1991

WA Electrical Requirements

The WA Electrical Requirements specify supply service rules, which dictate supply connection requirements. They also set out any Western Australian variations to the “Wiring Rules” (AS/NZS 3000) and any other standards as referenced by the Electricity (Licensing) Regulations 1991.

WA Electrical Requirements

Wiring Rules

Edition AS/NZS 3000:2018, Electrical Installations is the current version of the Wiring Rules. The standard has been developed by Standards Australia in collaboration with industry and government.

A copy of the current standard can be purchased and/or accessed via paid subscription from Standards Australia: Buy Standards | Standards Australia

All gas work must be carried out in accordance with the requirements of the Gas Standards Act 1972 and supporting regulations.

The Gas Standards (Gas Supply and System Safety) Regulations 2000 

Apply to gas distribution systems and include requirements for network safety, gas quality (natural gas and liquefied petroleum gas) and metering accuracy.

Gas Standards (Gas Supply and System Safety) Regulations 2000

Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 

Cover the licensing of gas fitters, standards of gasfitting work on consumers' gas installations, including the approval of Type B (industrial) gas appliances and procedural matters.

Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999

The Gas Standards Act 1972

Deals with a number of other requirements including the safety approval of Type A (domestic and small commercial) gas appliances. The Gas Standards (Infringement Notices) Regulations 2007 deal with the prescription of offences that are subject to the giving of infringement notices.

Gas Standards Act 1972