Know Your Rights
What your builder is legally required to do — and what they are prohibited from doing. Timeframes you must know. State-by-state warranty periods. Plain English.
Hold a valid builder registration
Must be registered with the WA Building Services Board (or state equivalent). Check at DMIRS Building Services Register.
Source: WA Building Act 2011 s.9
Obtain a building permit before starting work
No building work may commence without a valid building permit from the permit authority (local council or private certifier).
Source: WA Building Act 2011 s.9
Provide a written contract for work over $7,500
For residential work over $7,500, a written contract signed by both parties is mandatory. You are entitled to a copy.
Source: WA HBCA 1991 s.6
Give you the Consumer Building Guide before you sign
The builder must provide the WA Consumer Building Guide before you sign the contract. This explains your rights and dispute pathways.
Source: WA HBCA 1991
Obtain Home Indemnity Insurance for contracts over $20,000
Home Indemnity Insurance (HII) must be obtained and a certificate provided to you before work commences. Protects you if the builder becomes insolvent.
Source: WA Builders Registration Act 2011
Build in compliance with the NCC and Australian Standards
All work must comply with the National Construction Code (NCC) and applicable Australian Standards. Non-compliance is a defect.
Source: WA Building Act 2011 / NCC 2022
Notify you of mandatory inspection stages
Builder must notify the permit authority (and you) at mandatory inspection stages: footing, frame, pre-occupation. Cannot proceed without inspection clearance.
Source: WA Building Regulations 2012 r.37
Provide plans, specifications, and documents
You are entitled to copies of all approved plans, specifications, and engineering documents for your home.
Source: WA HBCA 1991
Complete work within the contracted timeframe
The contract must specify an expected completion date. If the builder cannot meet it, a valid extension of time must be claimed under the contract.
Source: WA HBCA 1991 / HIA Contract
Apply for an occupancy permit before handing over
An occupancy permit must be issued before you can legally occupy the building. The builder is responsible for obtaining this.
Source: WA Building Regulations 2012 r.47
Start work without a building permit
Commencing building work before a permit is granted is a criminal offence under the Building Act 2011. The builder (not you) is liable.
Source: WA Building Act 2011 s.9
Deviate from approved plans without your written consent
Any material change to approved plans requires a permit amendment and your written agreement. Verbal agreements are not sufficient.
Source: WA Building Act 2011 s.54
Demand a deposit exceeding 10% (or 6.5% for large contracts)
Maximum deposit is 10% of the contract price. For contracts over $500,000, the maximum is 6.5%. Demanding more is an offence.
Source: WA HBCA 1991 s.7
Demand progress payments outside the contract schedule
Progress payments may only be demanded in accordance with the payment schedule in your contract. Demanding payment early is an offence.
Source: WA HBCA 1991 s.10
Demand final payment before practical completion
The final progress payment must not be demanded or received until practical completion is certified. Paying before PC waives your right to withhold.
Source: WA HBCA 1991 / HIA Contract
Prevent you from accessing your property to inspect
You have the right to inspect your property at reasonable times during construction. The builder cannot unreasonably prevent access.
Source: WA HBCA 1991
Use non-conforming building products
Since 2017, builders are prohibited from using building products that do not conform to the NCC. Aluminium composite cladding (non-fire rated) is a key example.
Source: WA Building Act 2011 / NCC 2022
Subcontract work to an unregistered tradesperson
Licensed trades (electrical, plumbing, gasfitting, pest control) must hold the required licence. Builder cannot use unlicensed tradespeople for licensed work.
Source: WA Electricity (Licensing) Regulations / Plumbers Licensing Act
Vary the contract price without a signed variation order
Any increase to the contract price requires a signed written variation order. Verbal quotes or "we'll sort it out" are not enforceable against you.
Source: WA HBCA 1991 / HIA Contract
Abandon the site without lawful reason
Abandoning the build without completing the work (or a valid contractual right to suspend) is a breach of contract and potentially entitles you to terminate.
Source: WA HBCA 1991 / General law of contract
Miss these windows and you may lose your rights. Dates marked in amber are limitation periods — act before they expire.
| Milestone | Timeframe | Source |
|---|---|---|
| Written defects notice — builder must respond | 14 days | WA HBCA 1991 / HIA Contract |
| Defects liability period (practical completion defects) | 6 months | HIA Contract Clause 26 |
| Statutory warranty — non-structural defects | 1 year | WA HBCA s.28 |
| Statutory warranty — structural defects | 6 years | WA HBCA s.27 |
| Builder must rectify after defects direction | 28 days (reasonable) | WA Building Commission direction |
| Practical completion inspection notice | 5 business days min | HIA Contract |
| Council building permit decision (uncertified) | 10 business days | WA Building Regulations 2012 r.16 |
| DEMIRS/Building Commission investigation | 4–12 weeks (typical) | DMIRS operational guide |
| SAT application from date of breach | Within 3 years | Limitation Act 2005 (WA) |
| Building permit lapses if work not commenced | 2 years from grant | WA Building Regulations 2012 r.18 |
| Building permit lapses if not substantially complete | 6 years from grant | WA Building Regulations 2012 r.18 |
Step 1
Document defects
Photos, measurements, dates
Step 2
14-day notice to builder
Written, send by email + registered post
Step 3
Builder rectifies
Or fails to respond (14 days)
Step 4
DEMIRS complaint
WA Building Commission
Step 5
Investigation 4–12wks
Direction to rectify issued
Step 6
SAT (if needed)
Binding orders, cost recovery
Note: You can skip DMIRS and go directly to SAT in some circumstances. SAT can also order DMIRS to investigate.
Warranties: 6yr structural / 1yr non-structural (WA HBCA 1991)
Regulator: WA Building Commission (DMIRS)
Tribunal: State Administrative Tribunal (SAT)
Warranties: 6yr major defects / 2yr other (Home Building Act 1989)
Regulator: NSW Fair Trading
Tribunal: NSW Civil & Administrative Tribunal (NCAT)
Warranties: 6yr structural / 2yr non-structural (DBCA 1995)
Regulator: Victorian Building Authority (VBA)
Tribunal: Domestic Building Dispute Resolution Victoria (DBDRV)
Warranties: 6yr 6mo structural / 1yr non-structural (QBCC Act)
Regulator: Queensland Building and Construction Commission (QBCC)
Tribunal: Queensland Civil and Administrative Tribunal (QCAT)
Warranties: 6yr structural / 2yr other (BWCA 1995)
Regulator: Consumer and Business Services (CBS) SA
Tribunal: South Australian Civil and Administrative Tribunal (SACAT)
Warranties: 6yr structural / 2yr other (Building Act 2016)
Regulator: Consumer, Building and Occupational Services (CBOS)
Tribunal: Tasmanian Civil and Administrative Tribunal (TasCAT)
Warranties: 10yr residential building work (Building Act 2004)
Regulator: ACT Planning and Land Authority (ACTPLA)
Tribunal: ACT Civil and Administrative Tribunal (ACAT)
Warranties: 6yr structural / 2yr other (Building Act 1993)
Regulator: NT Building Practitioners Board
Tribunal: NT Civil and Administrative Tribunal (NTCAT)
Use our template library to send a formal notice or complaint to your builder or regulator.