Building Regulations Amendment Regulations 2025 00-00-00 Xml

Western Australia

Building Regulations Amendment Regulations 2025

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

Part 2 — Building Services (Registration) Regulations 2011 amended

3.Regulations amended2

4.Regulation 31 amended2

Part 3 — Home Building Contracts Regulations 1992 amended

5.Regulations amended3

6.Schedule 1 amended3

Building Services (Registration) Act 2011
Home Building Contracts Act 1991

Building Regulations Amendment Regulations 2025

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.Citation

These regulations are the Building Regulations Amendment Regulations 2025.

2.Commencement

These regulations come into operation as follows —

(a)Part 1 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 1 September 2025.

Part 2 — Building Services (Registration) Regulations 2011 amended

3.Regulations amended

This Part amends the Building Services (Registration) Regulations 2011.

4.Regulation 31 amended

In regulation 31(1) in the Table Set 2 delete “52784WA” (each occurrence) and insert:

52921WA

Part 3 — Home Building Contracts Regulations 1992 amended

5.Regulations amended

This Part amends the Home Building Contracts Regulations 1992.

6.Schedule 1 amended

(1)In Schedule 1 under the heading “What the Act covers”:

(a)delete “above $7 500 and below $500 000.” and insert:

more than $7 500 and less than $500 000.

(b)delete “by-pass” and insert:

bypass

(2)In Schedule 1 under the heading “Home indemnity insurance”:

(a)delete the passage that begins with “It is compulsory” and ends with “by home indemnity insurance.” and insert:

Subject to the exceptions set out below, it is compulsory for all home building work the cost of which is more than $20 000, except associated work alone (e.g. swimming pools, carports, pergolas, sheds, fencing or landscaping), to be covered by home indemnity insurance.

The exceptions are —

(a)where no building permit is required for the work; or

(b)if a building permit is required for the work — where registration as a builder is not required in order to carry out the work.

(b)delete “above $20 000.” and insert:

more than $20 000.

(c)delete “death or disappearance of the builder” and insert:

death, cessation in existence, disappearance or non‑registration on financial grounds of the builder

(d)delete “Commission staff” and insert:

Commissioner

(3)In Schedule 1 under the heading “Special rules for cost plus contracts”:

(a)delete “A costs plus contract —” and insert:

A cost plus contract —

(b)delete the passage that begins with “The builder is required” and ends with “of the builder.” and insert:

The builder is required to take out home indemnity insurance in relation to a cost plus contract to protect you and any successive owners against financial loss where an order made against the builder is not enforceable due to the insolvency, death, cessation in existence, disappearance or non‑registration on financial grounds of the builder.

(4)In Schedule 1 under the heading “Varying the contract” item 3 delete “that, if” and insert:

that if

(5)In Schedule 1 under the heading “Where approvals are delayed” delete “10 working days” (2nd occurrence) and insert:

3 years

(6)In Schedule 1 under the heading “Disputes” delete “Building Commission staff or from the Building Commission’s website at www.buildingcommission.wa.gov.au.” and insert:

the Building Commissioner at <https://www.wa.gov.au/organisation/building-and-energy/building-and-energy>.

K. COLLERAN, Clerk of the Executive Council

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.

By Authority: GEOFF O. LAWN, Government Printer