Building Commission Claims

The Building Services (Complaint Resolution and Administration) Act 2011 (WA) (“BSCRA Act”) enables a complaint to be made to the Building Commissioner by:

  • a person whose interests are being, or have been, adversely affected by the carrying out of a regulated building service (i.e. the owner of the work or an affected third party); or
  • an owner or builder under a contract for home building work valued between $7,500 and $500,000.

The BSCRA Act also allows complaints to be made by any person adversely affected by that building service who has not directly contracted for a building service, such as a neighbour whose property has been damaged as a result of unsatisfactory building services or some other third party.

The BSCRA Act generally imposes time limits for making a complaint of between three to six years.

The Building Commissioner may seek to resolve the dispute by way of the following:

  • conciliation;
  • interim order;
  • building remedy order for rectification and/or payment;
  • home building work contract remedy order for rectification and/or payment; or
  • referral to the State Administrative Tribunal.

Rowe Bristol Lawyers is experienced at providing legal advice and services in relation to Building Commission complaints, including:

  • providing advice in relation to the terms and legal effect of the relevant construction contract;
  • providing advice in relation to circumstances in which a third party may lodge a complaint with the Building Commissioner;
  • providing advice in relation to the prospects of success of a complaint to the Building Commissioner;
  • preparing the necessary documents for a complaint to be lodged with the Building Commissioner;
  • representing clients in liaising with the Building Commissioner, including drafting any necessary documents, responding to any requests and making any necessary submissions to the Building Commissioner;
  • representing clients with respect to alternative dispute resolution processes; and
  • representing clients with respect to the referral of a matter to the State Administrative Tribunal (if necessary).

If you require legal advice in relation to Building Commission complaints, please contact us to arrange a meeting so that we may consider your specific circumstances.

The above information is provided as general information only and should not be relied upon as legal advice.  The accuracy of this information may have changed from the date when it was published.