Building Commission WA complaint: what to prepare

Who handles building complaints in WA

Building complaints in Western Australia go to the Building Commissioner, through Building and Energy (now part of the Department of Local Government, Industry Regulation and Safety). The process is set out in the Building Services (Complaint Resolution and Administration) Act 2011. People often call this “the Building Commission”.

There are two main kinds of complaint an owner may make:

• A building service complaint — that a regulated building service was not carried out in a proper and proficient manner, or is faulty or unsatisfactory. This is the usual route for defects.
• A home building work contract complaint — about certain matters under the Home Building Contracts Act 1991. Building and Energy says this route is for contracts for home building work valued between $7,500 and $500,000.

You can make both at once if both apply, but each attracts its own fee.

Before you lodge: the 14-day notice

Building and Energy asks you to complete a Notice of proposed complaint and give it to the builder at least 14 days before you submit the formal complaint. Email is sufficient — keep a copy of the sent email as proof of service. The notice forms the basis of the complaint schedule you lodge later, so write it carefully.

1. 1List every item, numbered. Use the same numbers you have used with the builder all along. See our guide on documenting defects for a routine that keeps numbering stable.
2. 2Describe each item specifically. Location, what is wrong, and how big. Avoid one-word judgements — they give the builder nothing to answer and an inspector nothing to check.
3. 3Say what you want done for each item. Fix it, pay for it to be fixed, or something else. A clear request per item is easier to agree to than a general demand.
4. 4Attach or refer to your evidence. Photos, measurements, your contract and specifications, and your correspondence.
5. 5Send it and diarise day 15. If the builder fixes items in the meantime, record that against the item numbers.

What to have in the folder

• Your contract, plans, specifications and any signed variations.
• The completed complaint form — Building and Energy prefers the online form. The PDF version, an example complaint schedule and an authority-to-act form are on its fees and forms page.
• Your defect schedule, matching the notice you sent. A Scott Schedule layout works well — see our free template guide.
• Photos and measurements for each item, labelled with the item number.
• Proof you served the notice and any reply from the builder.
• The complaint fee. Check the current amount and the concession rate on the fees and forms page.

Watch the time limits

Under section 6 of the Act, a building service complaint is generally out of time if made more than 6 years after the work was completed. Some home building work contract complaints have a 3-year limit that runs from when the contract was entered into or when the cause of action arose. Building and Energy also notes a longer limit for certain failed plumbing pipe complaints. If you are anywhere near a limit, get advice quickly — a complaint made out of time must be dismissed.

What happens after you lodge

1. 1Acceptance. The Building Commissioner decides whether to accept the complaint. It can be refused, for example, if it is out of time or the matter has already been decided elsewhere. You may be asked for more details or a statutory declaration.
2. 2Investigation and inspection. An accepted complaint is investigated. Since 1 July 2020, Building and Energy’s own inspectors inspect the issues in most home owners’ complaints and give the parties a report, so most owners no longer need to pay for an independent report.
3. 3Outcome. The complaint may be dismissed, go to conciliation, be dealt with by a building remedy order, or be referred to the State Administrative Tribunal (SAT). Complex or intractable disputes are referred to SAT.

A building remedy order can require the builder to fix the work, pay the reasonable cost of fixing it, or pay compensation. The Act limits how large an order the Building Commissioner can make without the builder’s consent; larger matters go to SAT.

Frequently asked questions

Sources checked for this page

Last reviewed 2026-10-13. Requirements change — check the current version of each source.

• Building and Energy — Building dispute resolution (wa.gov.au, updated 25 Jun 2026)
• Building and Energy — Complaint fees and forms (wa.gov.au, updated 1 Jul 2026)
• Building and Energy — Complaint resolution process (wa.gov.au, updated 31 Jul 2025)
• WA Government announcement — Inspection change to ease home owners’ building complaint costs (25 Jun 2020, updated 12 May 2025)
• Building Services (Complaint Resolution and Administration) Act 2011 (WA), ss 5–11, 36–37 — version as at 5 Apr 2023

Related guides

• How to document building defects in WA
• Scott Schedule template for building defects
• Waterproofing defects: AS 3740:2021 explained
• Tiling defects and drummy tiles: AS 3958:2023
• Defend My Build vs spreadsheets vs a building inspector
• Surviving a building dispute — the human side