Building Services (Registration) Act 2011

Building Services (Registration) Regulations 2011

 

Building Services (Registration) Regulations 2011

Contents

Part 1 — General provisions

1.Citation1

2.Commencement1

3.Terms used1

4.Prescribed building services1

5.Persons prescribed for purposes of s. 71

6.Classes of building service practitioner and building service contractor1

7.Registration and renewal of registration1

7A.Information prescribed for register1

7B.Removing information from register1

8.Membership of Board: occupation groups1

9.Fees1

10.Refund of fees1

10A.Notification of new director of building service contractor: prescribed information1

11.Notification of disciplinary action: prescribed Acts1

Part 2 — Builders

Division 1 — Preliminary

12.Terms used1

Division 2 — Building service providers

13.Terms used1

14.Prescribed titles: building practitioners and building contractors1

15.Building contractors: building services prescribed1

16.Qualifications and experience: building practitioners1

17.Conduct of examinations1

18.Financial requirements: building contractors1

19.Prescribed requirements: building contractors1

20.Supervisor for building contractor: eligible person1

21.Display of signs1

Division 3 — Owner‑builders

22.Terms used1

23.Owner‑builder work1

24A.Prescribed interests in land1

24.Evidence of knowledge of duties and responsibilities: owner‑builders1

25.Requirements for owner‑builder approval1

26.Conditions on owner‑builder approvals1

27.Display of signs1

Part 3A — Building surveyors

28A.Terms used1

28B.Prescribed titles: building surveying practitioners and building surveying contractors1

28C.Building surveying contractors: building services prescribed1

28D.Qualifications and experience: building surveying practitioners1

28E.Financial requirements: building surveying contractors1

28F.Insurance requirements: building surveying contractors1

28G.Prescribed requirements: building surveying contractors1

28H.Supervisor for building surveying contractors: eligible person1

28I.Condition on registration: building surveying contractor1

28J.Display of certificate of registration1

28K.Display of signs1

Part 3 — Painters

28.Terms used1

29.Prescribed titles: painting practitioners and painting contractors1

30.Painting contractors: building services prescribed1

31.Qualifications and experience: painting practitioners1

32.Conduct of examinations1

33.Financial requirements: painting contractors1

34.Prescribed requirements: painting contractors1

35.Supervisor for painting contractor: eligible person1

36.Display of signs1

Part 3B  Infringement notices

36A.Prescribed offences and modified penalties1

36B.Authorised officers and approved officers1

36C.Forms1

Part 4 — Transitional provisions

Division 1 — Builders’ Registration Act 1939

37.Terms used1

38.Continuation of registration (Act s. 114)1

39.Continuation of declaration of ineligible persons1

40.Membership of Board — experience as builder1

41.Continuation of owner‑builder authorisation1

42.Building Commissioner may exercise powers1

Division 2 — Painters’ Registration Act 1961

43.Terms used1

44.Continuation of registration (Act s. 127)1

45.Membership of Board — experience as painter1

46.Building Commissioner may exercise powers1

Division 3 — Local Government (Building Surveyors) Regulations 2008

47.Terms used1

48.Continuation of registration1

49.Nominated supervisors for contractors before repeal day1

50.Cancellation of certificate1

51.Membership of Board — experience as a building surveyor1

Division 4 — Building Services (Registration) Amendment Regulations (No. 2) 2017

52.Painting practitioners: applications for registration made before 1 September 20181

Schedule 1 — Fees

Division 1 — General

Division 2 — Builders

Division 3 — Owner‑builders

Division 4 — Building surveyors

Division 5 — Painters

Schedule 2 — Estimating the value of work

1.Terms used1

2.Estimated value of work1

Schedule 3 — Builder work: areas of State for purposes of definition

1.Term used: townsite1

2.Areas of State1

Schedule 4 — Painter work: areas of the State for purposes of definition

1.Term used: townsite1

2.Areas of State1

Schedule 5 — Prescribed offences and modified penalties

Division 1 — Preliminary

1.Terms used1

Division 2 — Offences under the Act

Division 3 — Offences under these regulations

Schedule 6 — Forms

Notes

Compilation table1

Uncommenced provisions table1

Other notes1

Defined terms

 

Building Services (Registration) Act 2011

Building Services (Registration) Regulations 2011

Part 1  General provisions

1.Citation

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

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)the rest of the regulations — on the day on which Part 3 of the Act comes into operation.

3.Terms used

In these regulations —

builder work has the meaning given in regulation 13;

building surveying work level 1 has the meaning given in regulation 28A;

building surveying work level 2 has the meaning given in regulation 28A;

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;

National Register has the meaning given in the National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 3;

owner‑builder, in relation to building work, means a person who has an owner‑builder approval granted under the Building Services (Registration) Act 2011 section 45 to carry out the building work;

painter work has the meaning given in regulation 28;

principal builder, in relation to builder work, means a person who carries out, or undertakes to carry out, the builder work for another person but does not include —

(a)a person engaged as a subcontractor to carry out all or part of the builder work; or

(b)a person who carries out, or undertakes to carry out, all or part of the builder work for an owner‑builder;

section means section of the Act.

[Regulation 3 amended: Gazette 12 Mar 2012 p. 990 and p. 1008; 31 Mar 2017 p. 1941-2; SL 2020/196 r. 11; SL 2021/86 r. 15; SL 2021/213 r. 4; SL 2022/101 r. 4.]

4.Prescribed building services

For the purposes of the definition of prescribed building service in section 3 the following building services are prescribed —

(a)builder work as a principal builder;

(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;

(b)painter work.

[Regulation 4 amended: Gazette 12 Mar 2012 p. 1008; 31 Mar 2017 p. 1942.]

5.Persons prescribed for purposes of s. 7

A person entitled to carry out builder work as a principal builder is prescribed for the purposes of section 7 in respect of painter work if —

(a)the person carries out, or undertakes to carry out, the painter work as part of a contract to carry out builder work; and

(b)the person engages the services of a building service contractor entitled to carry out painter work to carry out the painter work.

[Regulation 5 amended: Gazette 31 Mar 2017 p. 1942.]

6.Classes of building service practitioner and building service contractor

(1)For the purposes of section 9(1) the following classes of building service practitioner are prescribed —

(a)building practitioner;

(ba)building surveying practitioner level 1;

(bb)building surveying practitioner level 2;

(bc)building surveying practitioner technician;

(b)painting practitioner.

(2)For the purposes of section 9(2) the following classes of building service contractor are prescribed —

(a)building contractor (individual);

(b)building contractor (partnership);

(c)building contractor (company);

(da)building surveying contractor level 1 (individual);

(db)building surveying contractor level 1 (partnership);

(dc)building surveying contractor level 1 (company);

(dd)building surveying contractor level 2 (individual);

(de)building surveying contractor level 2 (partnership);

(df)building surveying contractor level 2 (company);

(d)painting contractor (individual);

(e)painting contractor (partnership);

(f)painting contractor (company).

[Regulation 6 amended: Gazette 12 Mar 2012 p. 990-1.]

7.Registration and renewal of registration

(1)An application for registration or renewal under section 13(1) or (2) must state that the registration or renewal is sought for a period of 3 years.

(2)For the purposes of section 15(1), the period commencing 8 weeks before the registration of a person is due to expire and ending when the person’s registration expires is the renewal period for the application for the renewal of the person’s registration.

[Regulation 7 inserted: Gazette 21 Sep 2018 p. 3534.]

7A.Information prescribed for register

(1)For the purposes of section 29(4)(g) and (5)(h), the information is as follows —

(a)conviction of an offence under any of the following —

(i)the Act;

(ii)the Building Services (Complaint Resolution and Administration) Act 2011;

(iii)the Home Building Contracts Act 1991;

(b)if the registered building service provider is a building service contractor, details of a fine imposed by the State Administrative Tribunal under section 59(3) on a person who is —

(i)a nominated supervisor of the contractor; or

(ii)if the contractor is a partnership — a partner; or

(iii)if the contractor is a body corporate — a director of the body corporate or a person who is concerned in the management of the body corporate; or

(iv)if the contractor is an unincorporated body — a person who is concerned in the management of the body;

(c)if the registered building service provider is a building service practitioner, details of a fine imposed by the State Administrative Tribunal under section 59(3) on that person in the person’s capacity as —

(i)a nominated supervisor of a building service contractor; or

(ii)a partner of a building service contractor that is a partnership; or

(iii)a director of, or person concerned in the management of, a building service contractor that is a body corporate; or

(iv)a person concerned in the management of a building service contractor that is an unincorporated body;

(d)details of an order made by the Board under section 57(2)(a);

(e)details of a caution or reprimand issued by the Board under section 57(2)(b);

(f)details of a requirement of the Board for an undertaking under section 57(2)(c);

(g)details of an order made by the Board under section 57(2)(d) or 57(3);

(h)details of a caution or reprimand issued by the State Administrative Tribunal under section 58(1)(c).

(2)A reference in subregulation (1)(a) to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded.

(3)In the case of a building service contractor that is a partnership, subregulation (1)(a) applies in relation to the conviction of a partner.

(4)This regulation does not apply in relation to conduct by a registered building service provider that occurred before the commencement of the Building Services (Registration) Amendment Regulations 2023 regulation 4.

[Regulation 7A inserted: SL 2023/76 r. 4.]

7B.Removing information from register

(1)The Building Commissioner must remove the information referred to in regulation 7A(1)(a), (b) or (c) as soon as practicable after, and in any event not later than 28 days after, the earlier of the following —

(a)the expiry of the period of 3 years beginning on the day of conviction or the day on which the fine is imposed (whichever is relevant);

(b)the conviction or the decision to impose a fine (whichever is relevant) is set aside on appeal.

(2)The Building Commissioner must remove the information referred to in regulation 7A(1)(d), (e), (f), (g) or (h) as soon as practicable after, and in any event not later than 28 days after, the earlier of the following —

(a)the expiry of the period of 12 months beginning on the day on which the order, caution or reprimand or requirement (whichever is relevant) is made or issued;

(b)the decision to make the order or issue the caution or reprimand or requirement (whichever is relevant) is set aside on review by the State Administrative Tribunal.

(3)A reference in subregulation (1)(a) to the day of conviction means (as applicable) —

(a)the day on which the conviction is recorded; or

(b)if no conviction is recorded —

(i)the day on which the finding of guilt is made in relation to the building service provider; or

(ii)the day on which the plea of guilty by the building service provider is accepted.

[Regulation 7B inserted: SL 2023/76 r. 4.]

8.Membership of Board: occupation groups

For the purposes of the definition of occupation group in section 67(1) the classes of registered building service providers listed in an item in the Table comprise the occupation group referred to for that item.

Table

Item

Classes of building service providers

Occupation group

1.

Building practitioner

Building contractor (individual)

Builders

 

Building contractor (partnership)

Building contractor (company)

 

2A.

Building surveying practitioner level 1

Building surveying practitioner level 2

Building surveyors

 

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)

 

 

Building surveying contractor level 2 (partnership)

Building surveying contractor level 2 (company)

 

2.

Painting practitioner

Painting contractor (individual)

Painting contractor (partnership)

Painters

 

Painting contractor (company)

 

[Regulation 8 amended: Gazette 12 Mar 2012 p. 991-2.]

9.Fees

The fees set out in Schedule 1 are payable in respect of the matters referred to in that Schedule.

[9A.Deleted: SL 2021/86 r. 16.]

10.Refund of fees

(1)The Building Commissioner may, on the application of a person who has paid a fee under these regulations, refund part or all of the fee if the Commissioner considers that the circumstances warrant the refund of the fee.

(2)An application for the refund of fees must be in a form approved by the Building Commissioner.

[Regulation 10 amended: Gazette 21 Sep 2018 p. 3534‑5.]

10A.Notification of new director of building service contractor: prescribed information

(1)For the purposes of section 32A(3), the following information must be included in a notice of the appointment of any new director of a body that is a building service contractor —

(a)a copy of an ASIC current and historical company extract for the body that was extracted within the previous 30 days;

(b)the new director’s Director Identification Number (DIN) if the new director is required to have a DIN under the Corporations Act 2001 (Commonwealth) Part 9.1A;

(c)whether the new director is (or has been) a bankrupt or a person whose affairs are under insolvency laws, according to the Interpretation Act 1984 section 13D;

(d)whether the new director has not paid a building service debt of a kind referred to in section 53(4) that the new director has incurred;

(e)whether the new director is (or has been) an officer of a corporation or a non‑corporate body that became an insolvent on at least 1 occasion, but only if the period of 3 years has not elapsed since the insolvency event that resulted in the last insolvency.

(2)A term used in subregulation (1)(e) has the same meaning as it has in Part 5A of the Act.

[Regulation 10A inserted: SL 2022/101 r. 5.]

11.Notification of disciplinary action: prescribed Acts

For the purposes of section 36(1) the following Acts are prescribed —

(a)Architects Act 2004;

(ba)Architects Act 2004 (Australian Capital Territory);

(bb)Architects Act 2003 (New South Wales);

(bc)Architects Act (Northern Territory);

(bd)Architects Act 2002 (Queensland);

(be)Architects Act 1991 (Victoria);

(bf)Architectural Practice Act 2009 (South Australia);

(b)Building Act 1993 (Victoria);

(c)Building Act (Northern Territory);

(d)Building Act 2000 (Tasmania);

(e)Building Act 1993 (Victoria);

(fa)Building Professionals Act 2005 (New South Wales);

(f)Building Work Contractors Act 1995 (South Australia);

(g)Construction Occupations (Licensing) Act 2004 (Australian Capital Territory);

(h)Credit (Administration) Act 1984;

(ia)Development Act 1993 (South Australia);

(i)Electricity Act 1945;

(j)Finance Brokers Control Act 1975;

(k)Gas Standards Act 1972;

(l)Home Building Act 1989 (New South Wales);

(m)Land Valuers Licensing Act 1978;

(n)Licensed Surveyors Act 1909;

(oa)Professional Engineers Act 2002 (Queensland);

(o)Queensland Building Services Authority Act 1991 (Queensland);

(p)Real Estate and Business Agents Act 1978;

(q)Settlement Agents Act 1981;

(r)Plumbers Licensing Act 1995.

[Regulation 11 amended: Gazette 31 Jan 2012 p. 591‑2; 14 Nov 2013 p. 5029.]

Part 2 — Builders

Division 1 — Preliminary

12.Terms used

In this Part —

building work has the meaning given in the Building Act 2011 section 3;

farm building means any building of a permanent nature, other than a building used or intended to be used for residential purposes, that is —

(a)constructed, or to be constructed, on land used primarily for agricultural purposes; and

(b)itself used or intended to be used for agricultural purposes.

Division 2 — Building service providers

13.Terms used

(1)In this Division —

builder work means building work —

(a)for which a building permit is required; and

(b)with a value of $20 000 or more based on the value of the work estimated under Schedule 2; and

(c)carried out in an area of the State set out in Schedule 3,

but does not include the following types of building work —

(d)construction of a farm building;

(e)production of a prefabricated or transportable building in a manufacturing yard;

(f)formation of a parking area;

(g)formation of outdoor sporting surfaces including associated fencing and lighting;

(h)construction of walkways, viewing and gathering platforms that do not form part of another building;

(i)construction of a water tank that is not incorporated into the structure of another building;

(j)construction of an incidental structure as defined in the Building Act 2011 section 3;

(k)installation of fire sprinklers, free standing partitioning, safety systems, timber decking or glazing;

(l)cabinet making and installation;

(m)joinery (2nd fixing) work;

(n)construction of an exempt shed —

(i)for which an application for a building permit is made on or before 1 October 2024; and

(ii)with a value of less than $40 000 based on the value of the work estimated under Schedule 2; and

(iii)carried out in the local government district of Chapman Valley, Greater Geraldton, Mundaring, Northampton or Swan;

building contractor means —

(a)a building contractor (individual); or

(b)a building contractor (partnership); or

(c)a building contractor (company);

exempt shed —

(a)means a shed that is a non-habitable building; but

(b)does not include a garage or carport.

(2)If a person carries out, or undertakes to carry out, building work for another person under more than 1  distinct contract or engagement and the building work is substantially a single undertaking in connection with a single building, the value of all the work must be added together for the purposes of calculating the value of the building work.

[Regulation 13 amended: Gazette 31 Mar 2017 p. 1942; SL 2021/170 r. 4.]

14.Prescribed titles: building practitioners and building contractors

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

Table

Part 1 — Building practitioners

Registered Builder: Practitioner

Registered Building Practitioner

Registered Building Services Practitioner

Part 2 — Building contractor (individual)

Registered Builder

Registered Builder: Contractor

Registered Building Contractor

Registered Building Services Contractor

Part 3 — Building contractor (partnership)

Registered Building Partnership

Registered Building Contractor: Partnership

Registered Building Contractor (Partnership)

Registered Building Services Contractor (Partnership)

Part 4 — Building contractor (company)

Registered Building Company

Registered Building Contractor: Company

Registered Building Contractor (Company)

Registered Building Services Contractor (Company)

(2)A building practitioner is entitled to use a title prescribed in Part 1 of the Table.

(3)A building contractor (individual) is entitled to use a title prescribed in Part 2 of the Table.

(4)A building contractor (partnership) is entitled to use a title prescribed in Part 3 of the Table.

(5)A building contractor (company) is entitled to use a title prescribed in Part 4 of the Table.

15.Building contractors: building services prescribed

For the purposes of section 11(a), builder work as a principal builder is prescribed as a building service that the following classes of building service contractors are entitled to carry out —

(a)building contractor (individual);

(b)building contractor (partnership);

(c)building contractor (company).

[Regulation 15 amended: Gazette 31 Mar 2017 p. 1942.]

16.Qualifications and experience: building practitioners

(1)For the purposes of section 17(1)(b) a qualification (if any) listed in a set in the Table, together with the experience listed in the same set, are prescribed as qualifications and experience for building practitioners.

Table

 

Qualifications

Experience

Set 1

(aa)CPC50220 Diploma of Building and Construction (Building) as described on the National Register; or

(a)CPC50210 Diploma of Building and Construction (Building) as described on the National Register including the following units —

carrying out or supervising building work for periods totalling at least the equivalent of 7 years full‑time

 

(i)CPCCBC4005A — Produce labour and material schedules for ordering;

 

 

(ii)CPCCBC4018A — Apply site surveys and set‑out procedures to building and construction projects;

 

 

(iii)CPCCBC5005A — Select and manage building and construction contractors;

(iv)CPCCBC5007A — Administer the legal obligations of a building or construction contract or CPCCBC5007B — Administer the legal obligations of a building or construction contractor;

 

 

(v)CPCSUS5001A — Develop workplace policies and procedures for sustainability;

(vi)CPCCBC4014A — Prepare simple building sketches and drawings;

 

 

[(vii)deleted]

or

(b)an equivalent qualification as determined by the Board

 

Set 2

qualifications acceptable for —

(a)membership as Member (Level 1) or Member (Level 2) of the Royal Australian Institute of Architects; or

(b)registration under the Architects Act 2004; or

(c)membership as Professional Engineer (MIEAust or FIEAust) of the Institution of Engineers, Australia; or

(d)membership as Fellow or Member of the Australasian Institute of Mining and Metallurgy,

evidenced by such membership or registration

supervising building construction for periods totalling at least the equivalent of 5 years full‑time

Set 3

qualifications acceptable for membership as Fellow or Member of the Australian Institute of Building evidenced by such membership

carrying out, supervising or managing building construction for periods totalling at least the equivalent of 5 years full‑time

Set 4

 

experience in supervising or managing building construction —

(a)for periods totalling at least the equivalent of 5 years full‑time; and

(b)sufficient to gain knowledge and skills equivalent to those possessed by a person who has successfully completed a qualification referred to in set 1

Set 5

 

experience in carrying out building work, other than in the area set out in Schedule 3 or the area of the State within which the Builders’ Registration Act 1939 1 applied before it was repealed —

(a)for periods totalling at least the equivalent of 7 years full‑time; and

(b)sufficient to gain knowledge and skills equivalent to those possessed by a person who has successfully completed a qualification referred to in set 1

(2)For the purposes of section 17(1)(b) the qualifications and experience for the renewal of the registration of a building practitioner are the qualifications (if any) and the experience that entitled the person to be registered as evidenced by such registration.

(3)For the purposes of section 17(1)(b) the qualifications and experience for registration as a building practitioner for an eligible person are the qualifications (if any) and the experience that entitled the eligible person to be previously registered as evidenced by such registration.

(4)In subregulation (3) —

eligible person means a person —

(a)who was previously registered at any time in the period of 3 years ending on the day on which an application for registration as a building practitioner is made; and

(b)whose registration expired or was suspended or cancelled at the request of the person;

previously registered means —

(a)registered as a building practitioner; or

(b)registered under the Builders’ Registration Act 1939 1 section 9A(1) or 10(1).

[Regulation 16 amended: Gazette 31 Jan 2012 p. 592‑5; 18 Dec 2012 p. 6586; SL 2021/213 r. 5.]

17.Conduct of examinations

For the purpose of assessing a person’s knowledge and skills in relation to building work the Board may conduct such examinations as the Board considers appropriate.

[Regulation 17 amended: Gazette 31 Jan 2012 p. 595.]

18.Financial requirements: building contractors

(1)For the purposes of section 18(1)(b) the financial requirements prescribed for registration as a building contractor are that the applicant must have the capacity to meet debts as and when they fall due.

(2)For the purpose of assessing whether an applicant has the capacity to meet debts as and when they fall due the Board may have regard to the following —

(a)the net assets of the applicant;

(b)liquid funds available to the applicant;

(c)loan or overdraft facilities available to the applicant;

(d)the applicant’s equity in property or non‑current assets that a loan facility may be raised against;

(e)the proposed scale of operation of the applicant;

(f)any other consideration relevant to the applicant’s financial capacity.

19.Prescribed requirements: building contractors

(1)For the purposes of section 18(1)(g) an applicant for registration as a building contractor (individual) must be an individual.

(2)For the purposes of section 18(1)(g) an applicant for registration as a building contractor (partnership) must be a partnership.

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

20.Supervisor for building contractor: eligible person

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

(a)building contractor (individual);

(b)building contractor (partnership);

(c)building contractor (company).

21.Display of signs

A building contractor who carries out builder work as a principal builder must ensure that there is attached to the site where the work is being carried out a sign that complies with the following requirements —

(a)the sign must be located in a prominent position on the site and be able to be read by members of the public from outside the site;

(b)the sign must be of reasonable dimensions and written in clearly legible letters and numerals;

(c)the sign must contain the following details —

(i)the name and registration number of the building contractor;

(ii)a contact telephone number for the building contractor;

(iii)the name and registration number of the nominated supervisor for the building contractor.

Penalty: a fine of $1 000.

[Regulation 21 amended: Gazette 31 Jan 2012 p. 595; 31 Mar 2017 p. 1942.]

Division 3 — Owner‑builders

22.Terms used

In this Division —

Building Code means the Building Code of Australia which is volumes 1 and 2, as amended from time to time, of the National Construction Code series published by, or on behalf of, the Australian Building Codes Board;

Class 10 building means a building that is a Class 10 building for the purposes of the Building Code;

detached house means a building that is a Class 1a(i) building for the purposes of the Building Code;

small commercial building means a one or 2 storey building with a floor area of less than 500 m2 that is not a detached house, a Class 10 building or a farm building.

23.Owner‑builder work

For the purposes of the definition of owner‑builder work in section 38 the following kinds of buildings are prescribed —

(a)a detached house;

(b)a Class 10 building;

(c)a small commercial building.

24A.Prescribed interests in land

For the purposes of the definition of owner in section 39(1) the following interests in land are prescribed —

(a)a leasehold interest in land if the terms of the lease allow the lessee to undertake building work without the consent of each person whose name is registered as a proprietor of the land;

(b)an interest as purchaser under a contract to purchase an estate in fee simple in the land.

[Regulation 24A inserted: Gazette 31 Jan 2012 p. 596.]

24.Evidence of knowledge of duties and responsibilities: owner‑builders

For the purposes of section 43(3)(b) building practitioner is prescribed as a class of building service practitioner.

25.Requirements for owner‑builder approval

For the purposes of section 45(1) the following requirements are prescribed for the grant of an owner‑builder approval —

(a)if the owner‑builder work relates to a detached house — the applicant intends to reside on the land on which the owner‑builder work is to be carried out when the work is completed;

(b)if the owner‑builder work relates to a Class 10 building or a small commercial building — the applicant intends to occupy or use the land on which the owner‑builder work is to be carried out when the work is completed.

[Regulation 25 amended: Gazette 31 Jan 2012 p. 596.]

26.Conditions on owner‑builder approvals

An owner‑builder approval is subject to the condition that, if any part of the owner‑builder work to which the approval relates must be carried out by a person registered under another written law, the owner‑builder must take all reasonable steps to ensure that the work is carried out by a person who is so registered.

27.Display of signs

(1)In this regulation —

approval number means the number assigned to an owner‑builder approval by the Building Commissioner.

(2)An owner‑builder who carries out owner‑builder work must ensure that there is attached to the site where the work is being carried out a sign that complies with the following requirements —

(a)the sign must be located in a prominent position on the site and be able to be read by members of the public from outside the site;

(b)the sign must be of reasonable dimensions and written in clearly legible letters and numerals;

(c)the sign must contain the following details —

(i)the name of the owner‑builder;

(ii)a contact telephone number for the owner‑builder;

(iii)the approval number for the owner‑builder approval granted in respect of the work.

Penalty: a fine of $1 000.

[Regulation 27 amended: Gazette 31 Jan 2012 p. 596.]

Part 3A  Building surveyors

[Heading inserted: Gazette 12 Mar 2012 p. 992.]

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;

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)a Class 1 or Class 10 building or incidental structure; or

(b)a Class 2 to 9 building or incidental structure —

(i)with a floor area up to 2 000 m2; and

(ii)not more than 3 storeys in height.

[Regulation 28A inserted: Gazette 12 Mar 2012 p. 992-3; amended: Gazette 8 Aug 2017 p. 4345.]

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

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.

(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.

[Regulation 28B inserted: Gazette 12 Mar 2012 p. 993-5.]

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).

[Regulation 28C inserted: Gazette 12 Mar 2012 p. 1009.]

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; and

(iii)the registration of a building surveying practitioner level 1 who is an eligible person.

Table

 

Qualifications

Experience

Set 1

Bachelor of Building Surveying and Certification granted by the Central Queensland University; or

an equivalent qualification as determined by the Board

experience in building surveying work for periods totalling at least the equivalent of 3 years full‑time

Set 2

Building Surveyors Certificate of Qualification issued under the Local Government (Qualifications of Municipal Officers) Regulations 1984 2 regulation 12(1) or (2)

periods totalling at least the equivalent of 5 years full‑time unrestricted experience as a building surveyor including at least the equivalent of 4 years full‑time experience with a local government in Western Australia in the period since 1 July 1998

Set 3

CPC60108 Advanced Diploma of Building Surveying as described on the National Register

periods totalling at least the equivalent of 5 years full‑time unrestricted experience as a building surveyor including at least the equivalent of 4 years full‑time experience with a local government in 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 3 regulation 21

 

(2A)In subregulation (1) —

eligible person means a person —

(a)who was registered as a building surveying practitioner level 1 at any time in the period of 3 years ending on the day on which an application for registration as a building surveying practitioner level 1 is made; and

(b)whose registration expired or was suspended or cancelled at the request of the person.

(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 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; and

(iii)the registration of a building surveying practitioner level 2 who is an eligible person.

Table

 

Qualifications

Experience

Set 1

(a)CPC60121 Advanced Diploma of Building Surveying as described on the National Register; or

(b)CPC60115 Advanced Diploma of Building Surveying as described on the National Register; or

(c)CPC60108 Advanced Diploma of Building Surveying as described on the National Register; or

(d)an equivalent qualification as determined by the Board

experience in building surveying work for periods totalling at least the equivalent of 2 years full‑time

Set 2

CPC50108 Diploma of Building Surveying as described on the National Register

periods totalling at least the equivalent of 4 years full‑time unrestricted experience as a building surveyor for a local government in Western Australia in the period since 1 July 1998

Set 3

 

periods totalling at least the equivalent of 6 years full‑time unrestricted experience as a building surveyor including at least the equivalent of 4 years full‑time experience with 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 3 regulation 21

 

(3A)In subregulation (2) —

eligible person means a person —

(a)who was registered as a building surveying practitioner level 2 at any time in the period of 3 years ending on the day on which an application for registration as a building surveying practitioner level 2 is made; and

(b)whose registration expired or was suspended or cancelled at the request of the person.

(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 building surveying practitioner technician.

Table

 

Qualifications

Experience

Set 1

(a)CPCSS00005 Provide building surveying services for residential buildings up to three storeys as described on the National Register; or

(b)CPCSS00004 Provide building surveying services for residential buildings up to three storeys as described on the National Register; or

(c)CPC50108 Diploma of Building Surveying as described on the National Register; or

(d)an equivalent qualification as determined by the Board

 

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

[Regulation 28D inserted: Gazette 12 Mar 2012 p. 995-9; amended: Gazette 6 Nov 2012 p. 5294; 18 Dec 2012 p. 6586‑9; 22 Jan 2013 p. 211; 19 Dec 2014 p. 4842; SL 2021/213 r. 6.]

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.

(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.

[Regulation 28E inserted: Gazette 12 Mar 2012 p. 999-1000.]

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.

[Regulation 28F inserted: Gazette 12 Mar 2012 p. 1000.]

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.

[Regulation 28G inserted: Gazette 12 Mar 2012 p. 1001.]

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 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).

[Regulation 28H inserted: Gazette 12 Mar 2012 p. 1001-2.]

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.

[Regulation 28I inserted: Gazette 12 Mar 2012 p. 1010.]

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.

[Regulation 28J inserted: Gazette 12 Mar 2012 p. 1010.]

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.

[Regulation 28K inserted: Gazette 12 Mar 2012 p. 1011.]

Part 3  Painters

28.Terms used

(1)In this Part —

painter work means painting work —

(a)carried out for payment or reward; and

(b)with a value $1 000 or more based on the value of the work estimated under Schedule 2; and

(c)carried out in an area of the State set out in Schedule 4;

painting contractor means —

(a)a painting contractor (individual); or

(b)a painting contractor (partnership); or

(c)a painting contractor (company);

painting work has the meaning given in the Building Services (Complaint Resolution and Administration) Regulations 2011 regulation 4.

(2)The value of painting work to be carried out under different contracts is to be added together for the purposes of calculating the value of painting work if —

(a)the person contracting to carry out the painting work is the same for each of the contracts; and

(b)the different contracts are entered into to carry out painting work in respect of the same building or fixture or in respect of the same part or a number of different parts of the same building or fixture; and

(c)the aggregate of the painting work contracted to be done under the contracts substantially is a single undertaking in respect of the building or fixture.

(3)If materials used in painting are provided or supplied at the cost of a person other than the person carrying out the painting the value of the materials is to be added to the value of the contract to carry out the work for the purposes of calculating the value of the painting work.

29.Prescribed titles: painting practitioners and painting contractors

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

Table

Part 1 — Painting practitioners

Registered Painter: Practitioner

Registered Painting Practitioner

Registered Painting Services Practitioner

Part 2 — Painting contractor (individual)

Registered Painter

Registered Painter: Contractor

Registered Painting Contractor

Registered Painting Services Contractor

Part 3 — Painting contractor (partnership)

Registered Painting Partnership

Registered Painting Contractor: Partnership

Registered Painting Contractor (Partnership)

Registered Painting Services Contractor (Partnership)

Part 4 — Painting contractor (company)

Registered Painting Company

Registered Painting Contractor: Company

Registered Painting Contractor (Company)

Registered Painting Services Contractor (Company)

(2)A painting practitioner is entitled to use a title prescribed in Part 1 of the Table.

(3)A painting contractor (individual) is entitled to use a title prescribed in Part 2 of the Table.

(4)A painting contractor (partnership) is entitled to use a title prescribed in Part 3 of the Table.

(5)A painting contractor (company) is entitled to use a title prescribed in Part 4 of the Table.

30.Painting contractors: building services prescribed

For the purposes of section 11(a), painter work is prescribed as a building service that the following classes of building service contractors are entitled to carry out —

(a)painting contractor (individual);

(b)painting contractor (partnership);

(c)painting contractor (company).

31.Qualifications and experience: painting practitioners

(1)For the purposes of section 17(1)(b) a qualification (if any) listed in a set in the Table, together with the experience (if any) listed in the same set, are prescribed as qualifications and experience for painting practitioners.

Table

 

Qualifications

Experience

Set 1

(a)CPC30620 Certificate III in Painting and Decorating as described on the National Register including the units in small business management and estimating and specification that are provided as part of the qualification referred to in paragraph (a)(i) of set 2; or

(b)an equivalent qualification as determined by the Board

(a)experience in carrying out painting work gained in the course of the completion of an apprenticeship in painting; or

(b)experience in carrying out painting work for periods totalling at least the equivalent of 4 years full‑time covering a significant range of painting techniques

Set 2

(a)either —

(i)52784WA Course in Painters Registration being an approved VET course as defined in the Vocational Education and Training Act 1996 section 5(1); or

experience in carrying out painting work for periods totalling at least the equivalent of 5 years full‑time covering a significant range of painting techniques

 

(ii)an equivalent qualification as determined by the Board;

and

 

 

(b)successful completion of a practical trades test, as determined by the Board, conducted by a person authorised under the Vocational Education and Training Act 1996 to provide 52784WA Course in Painters Registration

 

(2)For the purposes of section 17(1)(b) the qualifications and experience for the renewal of the registration of a painting practitioner are the qualifications (if any) and the experience that entitled the person to be registered as evidenced by such registration.

(3)For the purposes of section 17(1)(b) the qualifications and experience for registration as a painting practitioner for an eligible person are the qualifications (if any) and the experience that entitled the eligible person to be previously registered as evidenced by such registration.

(4)In subregulation (3) —

eligible person means a person —

(a)who was previously registered as a painting practitioner at any time in the period of 3 years ending on the day on which an application for registration as a painting practitioner is made; and

(b)whose registration expired or was suspended or cancelled at the request of the person.

[Regulation 31 amended: Gazette 31 Jan 2012 p. 596‑9; 18 Dec 2012 p. 6589; 5 Jan 2018 p. 5‑6; SL 2021/213 r. 7; SL 2023/164 r. 5.]

32.Conduct of examinations

For the purpose of assessing a person’s knowledge and skills in relation to painting work, the Board may conduct such examinations as the Board considers appropriate.

[Regulation 32 amended: Gazette 5 Jan 2018 p. 6.]

33.Financial requirements: painting contractors

(1)For the purposes of section 18(1)(b) the following financial requirements are prescribed for registration as a painting contractor (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.

(2)For the purposes of section 18(1)(b) the following financial requirements are prescribed for registration as a painting contractor (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 painting contractor (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.

34.Prescribed requirements: painting contractors

(1)For the purposes of section 18(1)(g) an applicant for registration as a painting contractor (individual) must be an individual.

(2)For the purposes of section 18(1)(g) an applicant for registration as a painting contractor (partnership) must be a partnership.

(3)For the purposes of section 18(1)(g) an applicant for registration as a painting contractor (company) must be a corporation or an unincorporated body.

35.Supervisor for painting contractor: eligible person

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

(a)painting contractor (individual);

(b)painting contractor (partnership);

(c)painting contractor (company).

36.Display of signs

A painting contractor who carries out painter work must ensure that there is attached to the site where the work is being carried out a sign that complies with the following requirements —

(a)the sign must be located in a prominent position on the site and be able to be read by members of the public from outside the site;

(b)the sign must be of reasonable dimensions and written in clearly legible letters and numerals;

(c)the sign must contain the following details —

(i)the name and registration number of the painting contractor;

(ii)a contact telephone number for the painting contractor;

(iii)the name and registration number of the nominated supervisor for the painting contractor.

Penalty: a fine of $500.

[Regulation 36 amended: Gazette 31 Jan 2012 p. 599.]

Part 3B  Infringement notices

[Heading inserted: Gazette 26 Apr 2019 p. 1215.]

36A.Prescribed offences and modified penalties

(1)The offences specified in Schedule 5 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(2)The modified penalty specified opposite an offence in Schedule 5 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).

[Regulation 36A inserted: Gazette 26 Apr 2019 p. 1215.]

36B.Authorised officers and approved officers

(1)The Building Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2.

(2)The Building Commissioner must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.

[Regulation 36B inserted: Gazette 26 Apr 2019 p. 1215-16.]

36C.Forms

For the purposes of the Criminal Procedure Act 2004 Part 2 —

(a)Schedule 6 Form 1 is the prescribed form for an infringement notice; and

(b)Schedule 6 Form 2 is the prescribed form for the withdrawal of an infringement notice.

[Regulation 36C inserted: Gazette 26 Apr 2019 p. 1216.]

Part 4 — Transitional provisions

Division 1 — Builders’ Registration Act 1939

37.Terms used

In this Division —

commencement day means the day on which section 107 comes into operation;

former board means the Builders’ Registration Board of Western Australia constituted under section 5(1) of the repealed Act;

former registrar means the registrar under the repealed Act;

owner‑builder authorisation means authorisation given by the former board under section 4(1a) of the repealed Act;

repealed Act means the Builders’ Registration Act 1939 1.

38.Continuation of registration (Act s. 114)

(1)For the purposes of section 114 —

(a)a person registered under section 9A(1) or 10(1) of the repealed Act is to be taken to be registered as a building practitioner and a building contractor (individual); and

(b)a partnership registered under section 10(2) of the repealed Act is to be taken to be registered as a building contractor (partnership); and

(c)a company or other body corporate registered under section 10(2) of the repealed Act is to be taken to be registered as a building contractor (company).

(2)The Building Commissioner may extend the period for which a person is to be taken under section 114 to be registered as a building practitioner or building contractor for a period of up to 3 months.

39.Continuation of declaration of ineligible persons

A declaration made under section 13(1ba)(a) of the repealed Act that is in force immediately before commencement day is to be taken to continue in effect as if it were an order made by the State Administrative Tribunal under section 60.

40.Membership of Board — experience as builder

For the purposes of section 67(2)(c) a person who has experience as a person registered under section 9A or 10 of the repealed Act is to be taken to be a person who has experience as a registered building service provider in a class listed in item 1 of the Table to regulation 8.

41.Continuation of owner‑builder authorisation

(1)A person who, before commencement day, had owner‑builder authorisation to construct a building is to be taken to have been granted an owner‑builder approval on commencement day to carry out building work for the building.

(2)A person who is taken to have been granted an owner‑builder approval under this regulation —

(a)is not required to comply with regulation 27(2)(c)(ii); and

(b)is to be taken to have complied with regulation 27(2)(c)(iii) if the sign contains the number assigned to the owner‑builder authorisation by the former board.

42.Building Commissioner may exercise powers

The Building Commissioner may, on or after commencement day —

(a)exercise any of the powers of the former board for the purposes of an investigation authorised to be made by the former board under the repealed Act; and

(b)exercise any of the powers of the former registrar for the purposes of taking proceedings under the repealed Act.

Division 2 — Painters’ Registration Act 1961

43.Terms used

In this Division —

commencement day means the day on which section 108 comes into operation;

former board means the Painters’ Registration Board established under section 5 of the repealed Act;

former registrar means the Registrar under the repealed Act;

repealed Act means the Painters’ Registration Act 1961 4.

44.Continuation of registration (Act s. 127)

(1)For the purposes of section 127 —

(a)a person registered under section 12(1) or (2) of the repealed Act is to be taken to be registered as a painting practitioner and a painting contractor (individual); and

(b)a partnership registered under section 14(1) of the repealed Act is to be taken to be registered as a painting contractor (partnership); and

(c)a company or other body corporate registered under section 14(1) of the repealed Act is to be taken to be registered as a painting contractor (company).

(2)The Building Commissioner may extend the period for which a person is to be taken under section 127 to be registered as a painting practitioner or painting contractor for a period of up to 3 months.

45.Membership of Board — experience as painter

For the purposes of section 67(2)(c) a person who has experience as a person registered under section 12 of the repealed Act is to be taken to be a person who has experience as a registered building service provider in a class listed in item 2 of the Table to regulation 8.

46.Building Commissioner may exercise powers

The Building Commissioner may, on or after commencement day —

(a)exercise any of the powers of the former board for the purposes of an investigation authorised to be made by the former board under the repealed Act; and

(b)exercise any of the powers of the former registrar for the purposes of taking proceedings under the repealed Act.

Division 3 — Local Government (Building Surveyors) Regulations 2008

[Heading inserted: Gazette 12 Mar 2012 p. 1002.]

47.Terms used

In this Division —

2008 regulations means the Local Government (Building Surveyors) Regulations 2008 3;

repeal day means the day on which section 112 comes into operation 3.

[Regulation 47 inserted: Gazette 12 Mar 2012 p. 1002.]

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;

(ii)a Building Surveyors Certificate of Qualification issued by the Municipal Building Surveyors Qualifications Committee under the Local Government (Qualifications of Municipal Officers) Regulations 1984 2 regulation 12(1) or (2);

and

(b)a person who holds a Building Surveyor Level 2 certificate granted under regulation 21 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.

[Regulation 48 inserted: Gazette 12 Mar 2012 p. 1002-3.]

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;

(ii)a Building Surveyors Certificate of Qualification issued by the Municipal Building Surveyors Qualifications Committee under the Local Government (Qualifications of Municipal Officers) Regulations 1984 2 regulation 12(1) or (2);

and

(b)a person who holds a Building Surveyor Level 2 certificate granted under regulation 21 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).

[Regulation 49 inserted: Gazette 12 Mar 2012 p. 1003-4.]

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).

[Regulation 50 inserted: Gazette 12 Mar 2012 p. 1004.]

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

[Regulation 51 inserted: Gazette 12 Mar 2012 p. 1004-5.]

Division 4 — Building Services (Registration) Amendment Regulations (No. 2) 2017

[Heading inserted: Gazette 5 Jan 2018 p. 6.]

52.Painting practitioners: applications for registration made before 1 September 2018

Despite regulation 31(1), in relation to an application for registration as a painting practitioner made, but not determined, before 1 September 2018, a qualification (if any) listed in a set in the Table, together with the experience (if any) listed in the same set, are prescribed for the purposes of section 17(1)(b) as qualifications and experience for painting practitioners.

Table

 

Qualifications

Experience

Set 1

(a)CPC30611 Certificate III in Painting and Decorating as described in the CPC08: Construction, Plumbing and Services Training Package published by Training.gov.au including the units in small business management and estimating and specification that are provided as part of the qualification referred to in paragraph (a) of set 3; or

(b)an equivalent qualification as determined by the Board

(a)experience in carrying out painting work gained in the course of the completion of an apprenticeship in painting; or

(b)experience in carrying out painting work for periods totalling at least the equivalent of 4 years full‑time covering a significant range of painting techniques

Set 2

(a)CPC30611 Certificate III in Painting and Decorating as described in the CPC08: Construction, Plumbing and Services Training Package published by Training.gov.au; or

(a)experience in carrying out painting work for periods totalling at least the equivalent of 4 years full‑time covering a significant range of painting techniques; and

 

 

(b)an equivalent qualification as determined by the Board

(b)experience in small business management and estimating and specification sufficient to gain knowledge and skills equivalent to those possessed by a person who has successfully

 

 

completed the units in those subjects provided as part of the qualification referred to in paragraph (a) of set 3

Set 3

(a)52784WA Course in Painters Registration being an approved VET course as defined in the Vocational Education and Training Act 1996 section 5(1); or

(b)an equivalent qualification as determined by the Board

experience in carrying out painting work for periods totalling at least the equivalent of 5 years full‑time covering a significant range of painting techniques

Set 4

 

experience in carrying out painting work —

(a)covering a significant range of painting techniques for periods totalling at least the equivalent of 5 years full‑time; and

(b)sufficient to gain knowledge and skills equivalent to those possessed by a person who has successfully completed a qualification referred to in set 3

[Regulation 52 inserted: Gazette 5 Jan 2018 p. 6‑8.]

 

Schedule 1 — Fees

[r. 9]

[Heading inserted: SL 2023/35 r. 12.]

Division 1 — General

[Heading inserted: SL 2023/35 r. 12.]

Item

Column 1

Service

Column 2

Fee ($)

1.

Issue of replacement certificate of registration

71.00

2.

Issue of new certificate of registration following name change

67.00

3.

Provision of a certified copy of the register

67.00

4.

Provision of a certified copy of the register in respect of the classes of building service contractors in a specified occupation group referred to in regulation 8

67.00

5.

Provision of a certified copy of the entry in the register in respect of a specified building service provider on a specified day or within a specified period

67.00

6.

Provision of a certified copy of entries that have been added to, or deleted from, the register after a specified day

67.00

[Division 1 inserted: SL 2023/35 r. 12.]

Division 2 — Builders

[Heading inserted: SL 2023/35 r. 12.]

Item

Column 1

Description of fee

Column 2

Fee ($)

1.

Application for registration as building practitioner

259.00

2.

Application for registration as building contractor (individual)

259.00

3.

Application for registration as building contractor (partnership)

425.00

4.

Application for registration as building contractor (company)

425.00

5.

Registration fee for building practitioner (3 years)

747.00

6.

Registration fee for building contractor (individual) (3 years)

500.00

7.

Registration fee for building contractor (partnership) (3 years)

1 621.00

8.

Registration fee for building contractor (company) (3 years)

3 440.00

9.

Late fee for application for renewal made after renewal period

62.00

10.

Fee for sitting an examination — metropolitan area

234.00

11.

Fee for marking an examination sat outside metropolitan area

71.00

[Division 2 inserted: SL 2023/35 r. 12.]

Division 3 — Owner‑builders

[Heading inserted: SL 2023/35 r. 12.]

Item

Column 1

Description of fee

Column 2

Fee ($)

1.

Application for owner‑builder approval (residential)

202.00

2.

Application for owner‑builder approval (commercial)

467.00

[Division 3 inserted: SL 2023/35 r. 12.]

Division 4 — Building surveyors

[Heading inserted: SL 2023/35 r. 12.]

Item

Column 1

Description of fee

Column 2

Fee ($)

1.

Application for registration as building surveying practitioner level 1 or level 2

137.00

2.

Application for registration as building surveying practitioner technician

68.00

3.

Application for registration as building surveying contractor level 1 or level 2 (individual)

91.00

4.

Application for registration as building surveying contractor level 1 or level 2 (partnership)

87.00

5.

Application for registration as building surveying contractor level 1 or level 2 (company)

91.00

6.

Registration fee for building surveying practitioner technician (3 years)

585.00

7.

Registration fee for building surveying practitioner level 1 or level 2 (3 years)

1 125.00

8.

Registration fee for building surveying contractor level 1 or level 2 (individual) (3 years)

788.00

9.

Registration fee for building surveying contractor level 1 or level 2 (partnership) (3 years)

1 874.00

10.

Registration fee for building surveying contractor level 1 or level 2 (company) (3 years)

2 569.00

11.

Late fee for application for renewal made after renewal period

83.00

[Division 4 inserted: SL 2023/35 r. 12.]

Division 5 — Painters

[Heading inserted: SL 2023/35 r. 12.]

Item

Column 1

Description of fee

Column 2

Fee ($)

1.

Application for registration as painting practitioner

107.00

2.

Application for registration as painting contractor (individual)

71.00

3.

Application for registration as painting contractor (partnership)

174.00

4.

Application for registration as painting contractor (company)

174.00

5.

Registration fee for painting practitioner (3 years)

501.00

6.

Registration fee for painting contractor (individual) (3 years)

353.00

7.

Registration fee for painting contractor (partnership) (3 years)

557.00

8.

Registration fee for painting contractor (company) (3 years)

1 200.00

9.

Late fee for application for renewal made after renewal period

43.00

10.

Fee for sitting an examination — metropolitan area

111.95

11.

Fee for marking an examination sat outside metropolitan area

58.50

[Division 5 inserted: SL 2023/35 r. 12.]

 

 

Schedule 2  Estimating the value of work

[r. 13(1), 28(1)]

1.Terms used

In this Schedule —

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth);

relevant components means —

(a)all goods (including manufactured goods forming part of the work); and

(b)labour; and

(c)services necessary; and

(d)fees payable; and

(e)overheads to be met; and

(f)profit margin.

2.Estimated value of work

For the purposes of estimating the value of work —

(a)where the work is to be carried out under a contract and the contract price includes value for at least each of the relevant components — the estimated value of the work is the contract price (including the GST); and

(b)where the work is to be carried out —

(i)other than under a contract; or

(ii)under a contract the contract price for which does not include value for each of the relevant components,

the estimated value of the work is the sum of the value (including the GST) of the relevant components.

Schedule 3 — Builder work: areas of State for purposes of definition

[r. 13(1)]

1.Term used: townsite

In this Schedule —

townsite means a townsite constituted under the Land Administration Act 1997 section 26(2).

2.Areas of State

(1)The area described as the South West Division in the Land Administration Act 1997 Schedule 1, other than the local government districts of Mukinbudin, Mt Marshall and Narembeen.

(2)The local government districts of Greater Geraldton, Chapman Valley and Northampton.

(3)The areas constituted by —

(a)the townsites of Kalgoorlie and Boulder, in the local government district of Kalgoorlie Boulder; and

(b)the townsites of Esperance, Salmon Gums, Grass Patch, Scaddan, Condingup, Coomalbidgup, Cascade and Gibson in the local government district of Esperance; and

(c)the townsites of Southern Cross, Marvel Loch, Moorine Rock, Bullfinch and Bodallin, in the local government district of Yilgarn; and

(d)the townsites of Coolgardie, Kambalda and Kambalda West, in the local government district of Coolgardie; and

(e)the townsite of Norseman, in the local government district of Dundas; and

(f)the townsite of Laverton, in the local government district of Laverton; and

(g)the townsite of Munglinup, in the local government district of Ravensthorpe; and

(h)the townsites of Tom Price, Paraburdoo and Onslow, in the local government district of Ashburton; and

(i)the townsites of Newman, Nullagine and Marble Bar, in the local government district of East Pilbara; and

(j)the townsite of Exmouth in the local government district of Exmouth; and

(k)the townsites of Port Hedland, South Hedland and Wedgefield in the local government district of Port Hedland; and

(l)the townsites of Karratha, Roebourne, Point Samson, Dampier and Wickham, in the local government district of Karratha; and

(m)the townsites of Carnarvon, Coral Bay and Mauds Landing in the local government district of Carnarvon; and

(n)the townsite of Halls Creek in the local government district of Halls Creek; and

(o)the townsite of Broome in the local government district of Broome; and

(p)the townsites of Derby, Fitzroy Crossing and Camballin in the local government district of Derby West Kimberley.

[Clause 2 amended: Gazette 21 Sep 2018 p. 3537.]

Schedule 4  Painter work: areas of the State for purposes of definition

[r. 28]

1.Term used: townsite

In this Schedule —

townsite means a townsite constituted under the Land Administration Act 1997 section 26(2).

2.Areas of State

(1)The area described as the South West Division in the Land Administration Act 1997 Schedule 1, other than the local government districts of Mukinbudin, Mt Marshall and Narembeen.

(2)The areas constituted by —

(a)the townsites of Kalgoorlie and Boulder, in the local government district of Kalgoorlie Boulder; and

(b)the townsites of Esperance, Salmon Gums, Grass Patch, Scaddan, Condingup, Coomalbidgup, Cascade and Gibson in the local government district of Esperance; and

(c)the townsites of Southern Cross, Marvel Loch, Moorine Rock, Bullfinch and Bodallin, in the local government district of Yilgarn; and

(d)the townsites of Coolgardie, Kambalda and Kambalda West, in the local government district of Coolgardie; and

(e)the townsite of Norseman, in the local government district of Dundas; and

(f)the townsite of Laverton, in the local government district of Laverton; and

(g)the townsite of Munglinup, in the local government district of Ravensthorpe.

[Clause 2 amended: Gazette 21 Sep 2018 p. 3537.]

 

Schedule 5 — Prescribed offences and modified penalties

[r. 36A]

[Heading inserted: Gazette 26 Apr 2019 p. 1216.]

Division 1 — Preliminary

[Heading inserted: Gazette 26 Apr 2019 p. 1216.]

1.Terms used

In this Schedule —

building contractor has the meaning given in regulation 13;

building surveying contractor has the meaning given in regulation 28A;

building surveying practitioner means —

(a)a building surveying practitioner level 1; or

(b)a building surveying practitioner level 2;

building surveying work has the meaning given in regulation 28A;

painting contractor has the meaning given in regulation 28.

[Division 1 inserted: Gazette 26 Apr 2019 p. 1216.]

Division 2 — Offences under the Act

[Heading inserted: Gazette 26 Apr 2019 p. 1217.]

Offence under the Act

Modified penalty

s. 4(1)

 

Using a title when not registered in a class of building service practitioner or building service contractor entitled to use that title

 

For a person who uses the title that a building practitioner, building surveying practitioner, building contractor or building surveying contractor is entitled to use — $2 500

For a person who uses the title that a painting practitioner or painting contractor is entitled to use — $1 250

s. 5(1)

Falsely claiming to be registered in a class of building service practitioner

For a person who claims to be registered as a building practitioner or building surveying practitioner — $2 500

For a person who claims to be registered as a painting practitioner — $1 250

s. 5(2)

Falsely claiming to be registered in a class of building service contractor

For a person who claims to be registered as a building contractor or building surveying contractor — $2 500

For a person who claims to be registered as a painting contractor — $1 250

s. 6(1)

Falsely claiming an entitlement to carry out a prescribed building service

For a person who claims an entitlement to carry out builder work or building surveying work — $2 500

For a person who claims an entitlement to carry out painter work — $1 250

s. 7(1)

Carrying out, or undertaking to carry out, a prescribed building service when not registered

For a person who carries out, or undertakes to carry out, builder work or building surveying work — $2 500

For a person who carries out, or undertakes to carry out, painter work — $1 250

s. 7(5)

Subcontracting a prescribed building service to a person who is not entitled to carry out the building service

For a building contractor or building surveying contractor — $2 500

For a painting contractor — $1 250

s. 8

Failure to cause building service contractor’s registration number to appear in an advertisement published by the contractor

$250

s. 22(2)

Carrying out, or undertaking to carry out, relevant building service without nominated supervisor

For a building contractor or building surveying contractor — $2 500

For a painting contractor — $750

s. 22(3)

Failure to notify the Board of ceasing to have a nominated supervisor

For a building contractor or building surveying contractor — $500

For a painting contractor — $250

s. 25

Contravening a condition to which building service provider’s registration is subject

$2 500

s. 32(1)

Failure to notify the Board of change of address

$250

s. 32A(2)

Failure to notify the Board of new director

$1 000

s. 33(1)

Failure to notify the Board of change in circumstances affecting eligibility to remain registered

$1 000

s. 34(1)

Failure to notify the Board of financial difficulty

$1 000

s. 34(3)

Failure to notify the Board of insolvency

$1 000

s. 35(1)

Failure to notify the Board of being charged with a serious offence

$500

s. 35(2)

Failure to notify the Board of being convicted of a serious offence

$500

s. 35(3)

Failure to notify the Board of conviction of an offence against the Commonwealth or another jurisdiction

$500

s. 36(1)

Failure to notify the Board of disciplinary action

$500

s. 37(1)

Failure to return registration certificate

$500

s. 49

Contravening a condition that applies to an owner‑builder approval

$2 500

[Division 2 inserted: Gazette 26 Apr 2019 p. 1217‑19; amended: SL 2022/101 r. 6.]

Division 3Offences under these regulations

[Heading inserted: Gazette 26 Apr 2019 p. 1219.]

Offence under these regulations

Modified penalty

r. 21

Failure to display sign — building contractor

$200

r. 27(2)

Failure to display sign — owner‑builder

$200

r. 28J(1)

Failure to display certificate of registration — building surveying contractor

$200

r. 28K(1)

Failure to display sign — building surveying contractor

$200

r. 36

Failure to display sign — painting contractor

$100

[Division 3 inserted: Gazette 26 Apr 2019 p. 1219.]

Schedule 6  Forms

[r. 36C]

[Heading inserted: Gazette 26 Apr 2019 p. 1219.]

Form 1 — Infringement notice


Building Services (Registration) Act 2011

INFRINGEMENT NOTICE

Infringement
notice no.

Alleged offender

Name

 

 

Address

 

 

Alleged offence

Date or period

 

Time

 

Place

 

Details of offence

 

 

Written law contravened

 

 

Date

Date of notice

 

Issuing officer

Name

 

Office

 

Signature

 

Modified penalty

$

TAKE NOTICE

It is alleged that you have committed the above offence.

If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer within 28 days after the date of this notice.

 

 

If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.

If you need more time to pay the modified penalty, you should contact the Approved Officer at the address below.

Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.

If you want this matter to be dealt with by prosecution in court, sign and date here:

__________________________________ / /20
and post this notice to the Approved Officer at the address below within 28 days after the date of this notice.

How to pay

By post

Tick the relevant box below and post this notice to:

Approved Officer — Building Services (Registration) Act 2011

[Address]

rI want to pay the modified penalty. A cheque or money order (payable to ‘Approved Officer’ — Building Services (Registration) Act 2011) for the modified penalty is enclosed.

rI want to pay the modified penalty by credit card. Please debit my credit card account.

 

 

Card type _____________________________

Cardholder name _______________________

Card number

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Expiry date of card _____/_____

Amount $__________

Signature ____________________

Complete all details

In person

Pay the cashier at:

[Address]

Method of service

 

Date of service

 

[Form 1 inserted: Gazette 26 Apr 2019 p. 1219-21.]

Form 2 — Withdrawal of infringement notice


Building Services (Registration) Act 2011

WITHDRAWAL OF INFRINGEMENT NOTICE

Withdrawal no.

Alleged offender

Name

 

 

Address

 

 

Details of infringement notice

Infringement notice no.

 

Date of issue

 

Alleged offence

Date or period

 

Time

 

Place

 

Details of offence

 

 

Written law contravened

 

 

Approved Officer withdrawing notice

Name

 

Office

 

Signature

 

Date

Date of withdrawal

 

Withdrawal of infringement notice

[*Delete whichever is not applicable]

The above infringement notice issued against you for the above alleged offence has been withdrawn.

If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.

*Your refund is enclosed

or

*If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:

Approved Officer — Building Services (Registration) Act 2011

[Address]

Your signature

 

Date

 

[Form 2 inserted: Gazette 26 Apr 2019 p. 1221-2 amended: SL 2020/163 r. 10.]

 

Notes

This is a compilation of the Building Services (Registration) Regulations 2011 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Citation

Published

Commencement

Building Services (Registration) Regulations 2011

26 Aug 2011 p. 3411-52

r. 1 and 2: 26 Aug 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 29 Aug 2011 (see r. 2(b) and Gazette 26 Aug 2011 p. 3475-6)

Building Services (Registration) Amendment Regulations 2011

31 Jan 2012 p. 591‑601

r. 1 and 2: 31 Jan 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Feb 2012 (see r. 2(b))

Building Services (Registration) Amendment Regulations 2012

12 Mar 2012 p. 989-1011

r. 1 and 2: 12 Mar 2012 (see r. 2(a));
r. 3 and Pt. 2: 13 Mar 2012 (see r. 2(b));
Pt. 3: 2 Apr 2012 (see r. 2(c) and Gazette 13 Mar 2012 p. 1033)

Building Services (Registration) Amendment Regulations (No. 3) 2012

15 Jun 2012 p. 2617-20

r. 1 and 2: 15 Jun 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2012 (see r. 2(b))

Building Services (Registration) Amendment Regulations (No. 4) 2012

6 Nov 2012 p. 5293-4

r. 1 and 2: 6 Nov 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 7 Nov 2012 (see r. 2(b))

Building Services (Registration) Amendment Regulations (No. 5) 2012

18 Dec 2012 p. 6585-9

r. 1 and 2: 18 Dec 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 19 Dec 2012 (see r. 2(b))

Building Services (Registration) Amendment Regulations (No. 6) 2012

22 Jan 2013 p. 211

r. 1 and 2: 22 Jan 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 23 Jan 2013 (see r. 2(b))

Reprint 1: The Building Services (Registration) Regulations 2011 as at 5 Apr 2013 (includes amendments listed above)

Building Services (Registration) Amendment Regulations (No. 3) 2013

27 Jun 2013 p. 2665-9

r. 1 and 2: 27 Jun 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b))

Building Services (Registration) Amendment Regulations (No. 2) 2013

14 Nov 2013 p. 5029

r. 1 and 2: 14 Nov 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 18 Nov 2013 (see r. 2(b) and Gazette 14 Nov 2013 p. 5027)

Building Services (Registration) Amendment Regulations (No. 4) 2013

31 Dec 2013 p. 6535‑9

r. 1 and 2: 31 Dec 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jan 2014 (see. r. 2(b))

Building Services (Registration) Amendment Regulations 2014

17 Jun 2014 p. 1959‑61

r. 1 and 2: 17 Jun 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b))

Building Services (Registration) Amendment Regulations (No. 2) 2014

19 Dec 2014 p. 4841‑2

r. 1 and 2: 19 Dec 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 20 Dec 2014 (see r. 2(b))

Reprint 2: The Building Services (Registration) Regulations 2011 as at 8 May 2015 (includes amendments listed above)

Building Services (Registration) Amendment Regulations 2015

23 Jun 2015 p. 2165‑7

r. 1 and 2: 23 Jun 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b))

Commerce Regulations Amendment (Fees and Charges) Regulations 2016 Pt. 4

3 Jun 2016 p. 1745-73

1 Jul 2016 (see r. 2(b))

Building Services (Registration) Amendment Regulations 2017

31 Mar 2017 p. 1941-2

r. 1 and 2: 31 Mar 2017 (see r. 2(a));
Regulations other than r. 1 and 2:
1 Apr 2017 (see r. 2(b))

Commerce Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 6

23 Jun 2017 p. 3213‑52

1 Jul 2017 (see r. 2(b))

Building Regulations Amendment Regulations 2017 Pt. 3

8 Aug 2017 p. 4343‑5

Aug 2017 (see r. 2(b))

Building Services (Registration) Amendment Regulations (No. 2) 2017

5 Jan 2018 p. 4‑8

r. 1 and 2: 5 Jan 2018 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Sep 2018 (see r. 2(b))

Commerce and Industrial Relations Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 5

25 Jun 2018 p. 2325‑53

1 Jul 2018 (see r. 2(b))

Building Services (Registration) Amendment Regulations 2018

21 Sep 2018 p. 3534‑7

r. 1 and 2: 21 Sep 2018 (see r. 2(a));
Regulations other than r. 1 and 2: 22 Sep 2018 (see r. 2(b))

Commerce Regulations Amendment (Infringement Notices) Regulations 2019 Pt. 4

26 Apr 2019 p. 1209-22

27 Apr 2019 (see r. 2(b))

Commerce Regulations Amendment (Fees and Charges) Regulations 2019 Pt. 6

18 Jun 2019 p. 2077‑115

1 Jul 2019 (see r. 2(b))

Commerce Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 5

SL 2020/163 25 Sep 2020

29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a))

Commerce Regulations Amendment (COVID-19 Response) Regulations (No. 2) 2020 Pt. 4

SL 2020/196 27 Oct 2020

28 Oct 2020 (see r. 2(b))

Commerce Regulations Amendment (Fees and Charges) Regulations 2021 Pt. 6

SL 2021/86 21 Jun 2021

1 Jul 2021 (see r. 2(b))

Building Services (Registration) Amendment Regulations (No. 2) 2021

SL 2021/170 8 Oct 2021

r. 1 and 2: 8 Oct 2021 (see r. 2(a));
Regulations other than r. 1 and 2:
9 Oct 2021 (see r. 2(b))

Building Services (Registration) Amendment Regulations (No. 3) 2021

SL 2021/213 17 Dec 2021

r. 1 and 2: 17 Dec 2021 (see r. 2(a));
Regulations other than r. 1 and 2: 18 Dec 2021 (see r. 2(b))

Commerce Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 5

SL 2022/59 20 May 2022

1 Jul 2022 (see r. 2(b))

Building Services (Registration) Amendment Regulations 2022

SL 2022/101 17 Jun 2022

r. 1 and 2: 17 Jun 2022 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Feb 2023 (see r. 2(b))

Commerce Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 5

SL 2023/35 5 May 2023

1 Jul 2023 (see r. 2(b))

Building Services (Registration) Amendment Regulations 2023

SL 2023/76 16 Jun 2023

r. 1 and 2: 16 Jun 2023 (see r. 2(a));
Regulations other than r. 1 and 2: 16 Jun 2024 (see r. 2(b))

Building Services (Registration) Amendment Regulations (No. 2) 2023 (other than r. 4)

SL 2023/164
1 Nov 2023

r. 1 and 2: 1 Nov 2023 (see r. 2(a));
r. 3 and 5: 2 Nov 2023 (see r. 2(c))

Uncommenced provisions table

To view the text of the uncommenced provisions see Subsidiary legislation as made on the WA Legislation website.

Citation

Published

Commencement

Commerce Regulations Amendment (Building Services) Regulations 2023 Pt. 2

SL 2023/64 2 Jun 2023

Pt. 2 Div. 1 and 2: 1 Jul 2024 (see r. 2(b));
Pt. 2 Div. 3: 1 Jul 2025 (see r. 2(c));
Pt. 2 Div. 4: 1 Jul 2027 (see r. 2(d))

Building Services (Registration) Amendment Regulations (No. 2) 2023 r. 4

SL 2023/164
1 Nov 2023

1 Jul 2024 (see r. 2(b)(ii) and SL 2023/64 cl. 2(b))

Commerce Regulations Amendment (Fees and Charges) Regulations 2024 Pt. 4

SL 2024/96 12 Jun 2024

Operative immediately after the Commerce Regulations Amendment (Building Services) Regulations 2023 regulation 15 comes into operation (see r. 2(b))

Other notes

1The Builders’ Registration Act 1939 was repealed by the Building Services (Registration) Act 2011 s. 107 on 29 Aug 2011.

2The Local Government (Qualifications of Municipal Officers) Regulations 1984 were repealed by the Local Government (Building Surveyors) Regulations 2008, which were repealed by the Building Services (Registration) Act 2011 s. 112 on 2 Apr 2012.

3The Local Government (Building Surveyors) Regulations 2008 were repealed by the Building Services (Registration) Act 2011 s. 112 on 2 Apr 2012.

4The Painters’ Registration Act 1961 was repealed by the Building Services (Registration) Act 2011 s. 108 on 29 Aug 2011.

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

2008 regulations47

approval number27(1)

builder work3, 13(1)

Building Code22

building contractor13(1), Sch. 5 cl. 1

building surveying contractor28A, Sch. 5 cl. 1

building surveying practitionerSch. 5 cl. 1

building surveying work28A, Sch. 5 cl. 1

building surveying work level 13, 28A

building surveying work level 23, 28A

building work12

certificate of building compliance3

certificate of construction compliance3

certificate of design compliance3

Class 10 building22

commencement day37, 43

compliance certificate3

detached house22

DIN10A(1)

eligible person16(4), 28D(2A) and (3A), 31(4)

exempt shed13(1)

farm building12

former board37, 43

former registrar37, 43

GSTSch. 2 cl. 1

National Register3

owner-builder3

owner-builder authorisation37

painter work3, 28(1)

painting contractor28(1), Sch. 5 cl. 1

painting work28(1)

previously registered16(4)

principal builder3

relevant componentsSch. 2 cl. 1

repeal day47

repealed Act37, 43

section3

small commercial building22

townsiteSch. 3 cl. 1, Sch. 4 cl. 1

 

 

© State of Western Australia 2024.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2024.

By Authority: GEOFF O. LAWN, Government Printer