Builder Rights & Obligations

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