If you are dealing with defective workmanship, incomplete building work, a building contract dispute, or damage caused by building services, you may be wondering how to make a complaint through the Building Commission WA. The Building Commissioner, through Building and Energy, provides a dispute resolution pathway for eligible building service and home building work contract matters in Western Australia.

For homeowners, builders and affected third parties, understanding the process before lodging a complaint can help you prepare the right documents and identify the appropriate legal pathway. Property Lawyers Perth can also assist with reviewing contracts, preparing documents and providing advice about your options.

What Is the Building Commission in WA?

The WA Building Commission is commonly referred to when discussing the Building Commissioner and Building and Energy’s role in resolving eligible building disputes. Complaints can relate to regulated building services, home building work contracts and certain matters under the Home Building Contracts Act 1991 (WA).

Depending on the circumstances, a complaint may involve defective or unsatisfactory work, unauthorised building work, contractual issues, payment disputes or certain variations. An affected owner, builder or eligible third party may be able to make a complaint.

This means that a Perth Building Commission matter is not limited to homeowners. For example, a neighbour or another person whose interests have been adversely affected by regulated building work may also have grounds to complain in appropriate circumstances.

Step 1: Identify What Your Building Dispute Is About

Before making a complaint, clearly identify the problem.

Ask yourself:

• Is the building work defective or incomplete?
• Was the work carried out improperly or in an unsatisfactory manner?
• Has the builder breached the building contract?
• Is there a disagreement about payment or variations?
• Has unauthorised work been carried out?
• Has building work affected neighbouring property?
• Have attempts to resolve the issue directly with the builder failed?

Identifying the precise nature of the dispute is important because different types of complaints may have different requirements and time limits.

Step 2: Try to Resolve the Dispute Directly

Before escalating a building dispute, it is generally sensible to communicate with the builder or other building service provider and clearly explain the issue and the outcome you are seeking.

Keep copies of your correspondence and any response you receive. Legal Aid WA recommends attempting to resolve the dispute directly and, where appropriate, sending a letter of demand setting out what you want to resolve the dispute.

If negotiations fail, you can then consider whether a complaint to the Building Commission Perth is an appropriate next step.

Step 3: Gather Your Evidence

Strong documentation can make it easier to explain what happened and support your position.

Depending on your circumstances, consider gathering:

• The signed building contract
• Plans and specifications
• Invoices and payment records
• Variation documents
• Emails and text messages
• Letters and notices exchanged with the builder
• Photographs and videos of defective work
• Inspection or expert reports
• Building approvals and relevant documents
• Warranties and certificates
• A timeline of important events

The Building and Energy complaint form identifies building service complaints and home building work contract complaints as categories that can be lodged under the relevant legislation.

If you are unsure which documents are relevant, Property Lawyers Perth WA can review the available evidence and help you understand what may be important to your matter.

Step 4: Lodge the Appropriate Complaint

The preferred method for lodging a building complaint is online through the WA Government’s building dispute resolution process. An approved complaint form is also available for complaints concerning regulated building services or home building work contracts.

Your complaint should clearly explain:

What happened → who was involved → when it happened → what evidence supports your position → what outcome you are seeking.

Avoid making unsupported allegations. A clear chronological explanation supported by relevant documents can make your complaint easier to understand.

Step 5: Understand What Happens Next

Building and Energy provides dispute resolution services for eligible building disputes. The Building Commissioner may deal with a complaint where possible, while unresolved or complex matters may be referred to the State Administrative Tribunal (SAT).

The SAT confirms that building service complaints and home building work contract complaints that have not been resolved or decided by the Building Commissioner may be referred to the Tribunal.

There are also review and appeal considerations depending on the decision or order involved, so obtaining legal advice can be useful if the dispute progresses beyond the initial complaint stage.

Are There Time Limits for Building Commission Complaints?

Yes. Time limits can apply, and the applicable period depends on the nature of the dispute.

Legal Aid WA currently states that, generally, a complaint cannot be considered more than six years after completion of the work, while certain home building work contract matters generally have a three-year timeframe from when the contract was entered into or the cause of the dispute arose.

Because the applicable timeframe can depend on the type of complaint, it is important not to delay unnecessarily.

When Should You Speak to a Property Lawyer?

Legal advice can be particularly valuable where the dispute involves significant building defects, substantial financial losses, complicated contracts, disputed variations, neighbouring property damage, or a disagreement about the appropriate legal pathway.

Property Lawyers Perth can help with contract reviews, assessing the potential merits of a Building Commission complaint, preparing supporting documents, communicating with the Building Commissioner, dispute resolution and matters that may proceed to SAT.

If the primary issue involves physical damage to property, a Property damage lawyer may also need to consider whether other legal claims or remedies are available, depending on the circumstances.

Frequently Asked Questions

1. Who can make a Building Commission complaint in WA?

Depending on the type of dispute, a complaint may be made by an owner, builder or a person whose interests have been adversely affected by regulated building services, including an affected third party such as a neighbour.

2. What can I complain about to the Building Commission?

Eligible complaints can involve regulated building services, defective or unsatisfactory work, unauthorised work and certain home building work contract matters, including particular contractual and payment issues.

3. Do I need a lawyer to make a Building Commission complaint?

You do not necessarily need a lawyer to lodge a complaint. However, legal advice can be useful when the dispute is complex, involves substantial money, contractual interpretation, expert evidence or potential SAT proceedings.

4. Can the Building Commission deal with a dispute with my builder?

The Building Commissioner provides a dispute resolution pathway for eligible building service and home building work contract disputes. Whether your particular dispute falls within that pathway depends on its circumstances.

5. What if my Building Commission complaint is not resolved?

An eligible unresolved or undecided building complaint may be referred to the State Administrative Tribunal. The appropriate next step can depend on the nature of the dispute and any decision or order already made.

6. How can Property Lawyers Perth help?

Property lawyers Perth WA can review your building contract and evidence, advise on your potential complaint, assist with preparing documents and communicate with the Building Commissioner. They can also advise on dispute resolution and potential SAT proceedings.

Get Legal Advice About Your Building Dispute

A Building Commission complaint can involve important documents, technical evidence, contractual issues and strict time considerations. Getting advice early can help you understand whether your dispute is suitable for the Building Commissioner and what options may be available if the matter remains unresolved.

If you are facing a building dispute in Western Australia, speak with the Best property lawyers Perth to discuss your circumstances and potential next steps.

Disclaimer: This article provides general information only and is not legal advice. Building disputes can involve different statutory requirements and time limits, so obtain advice about your specific circumstances before taking action.