Building disputes
If you are building or renovating your home, you may need help if something goes wrong or you would like to make a complaint.
Legal Aid WA does not give advice in this area. The Law Society of WA has a directory of members you can use to find a lawyer who can help with your dispute.
Building and Energy at the Department of Energy, Mines, Industry Regulation and Safety may also be able to help you resolve disputes relating to the carrying out of regulated building services and home building work contracts.
What can I do if I have a dispute with a builder.?
If you have a building dispute, you could:
- contact the builder and try to come to an agreement
- send a letter of demand asking for what you want to resolve the dispute.
The letter of demand should be sent by registered mail if possible. Keep a copy of the letter and the signed receipt showing it was delivered. If you send it by email, make sure you get a read receipt. Learn more about what to put in a letter of demand.
What help with resolving building disputes is available?
Building and Energy through the Building Commissioner provides a way for both consumers and builders to resolve disputes relating to the carrying out of regulated building services and home building work contracts. It has a range of services to help with managing disputes and complaints as an alternative to starting court proceedings. There is a checklist on the Building and Energy website that you can use to see if you are eligible to use the service.
What if I disagree with a decision or an order made by the Building Commissioner?
Most decisions and orders made by the Building Commissioner can be reviewed by the State Administrative Tribunal (SAT). Get legal advice about whether you can have the decision reviewed and how to apply to the SAT.
What if attempts to resolve the dispute do not work?
If your attempts to resolve directly with the builder or through Building and Energy don’t work, you may have to go to:
- the SAT, if the claim is referred on by the Building Commissioner
- the Magistrates Court for claims up to $75,000, if the claim is not dealt with by the Building Commissioner or the SAT, or
- the District Court for claims up to $750,000.
Get legal advice on your situation.
What help with resolving building disputes is available?
Building and Energy through the Building Commissioner provides a way for both consumers and builders to resolve disputes relating to the carrying out of regulated building services and home building work contracts. It has a range of services to help with managing disputes and complaints as an alternative to starting court proceedings.
What if I disagree with a decision or an order made by the Building Commissioner?
Most decisions and orders made by the Building Commissioner can be reviewed by the SAT. Get legal advice about whether you can have the decision reviewed and how to apply to the SAT.
Do time limits apply?
Yes. There are time limits are lodging disputes with the Building Commissioner. In general, a complaint cannot be considered more than six years after completion of the work.
For specific home building work contract matters the time limit for making a complaint is generally three years from when the contract was entered into or from when the cause of dispute arose.
Time limits also apply for applications for review in the SAT, and for starting a claim in the Magistrates Court or the District Court.
More information
- Department of Energy, Mines, Industry Regulation and Safety - Building and Energy on 1300 489 099. Email: be.info@dmirs.wa.gov.au. There is a video on the Building and Energy dispute resolution service and also more information on dispute resolution on the Department’s website.
- State Administrative Tribunal for an information sheet on internal review of a SAT decision under the Building Services (Complaint Resolution and Administration) Act 2011 (WA).
Reviewed: 21 March 2024