❓ A WA parliamentary question on notice addresses issues within the building and construction industry, including compliance audits, support for clients of struggling builders, dispute resolution timeframes, building complaint trends, and support for local governments in enforcing building laws. The government's responses indicate a focus on existing dispute resolution schemes and ongoing reviews, while some data is not collected.
AnsweredQoN 1001Legislative Assembly
QuestionView source ↗
(1) As at 30 October 2025, have builders that received loans under the Builders' Support Facility been subject to any compliance audits: (a) If yes, how many audits have been undertaken; and (b) What penalties or enforcement mechanisms are available where a builder is found to have misused loan funds or provided misleading information to obtain a loan? (2) The Government previously intervened to assist customers of Nicheliving to access home indemnity insurance after the builder ceased operations with over 200 homes incomplete. What support, if any, is currently available to clients of smaller builders who are experiencing: (a) Delays of four or more years in the completion of residential construction; and (b) Significant construction defects, particularly in cases where the rate of problematic builds may be equal to or greater than that of larger builders? (3) The Building and Energy division reported an average of 177 days to resolve building disputes in 2024–25: (a) Does the Government consider this timeframe to be appropriate in the context of the ongoing housing supply shortage, particularly where customers in regional Western Australia face multi-year delays; and (b) What measures are being implemented to reduce dispute resolution timeframes? (4) Does Building and Energy maintain data on building complaint trends, including: (a) The number and type of complaints received; (b) The average time taken to resolve complaints; (c) The outcomes of complaints; and (d) If so, can this information be provided with a breakdown by metropolitan and regional Western Australia? (5) As at 30 October 2025, how many residential building projects in Western Australia have remained under construction for longer than four years: (a) Please provide a breakdown of this figure by metropolitan and regional locations? (6) Under the Building Act 2011, local governments may commence prosecutions as the permit authority. In view of the resource constraints faced by some councils, does the Government intend to provide additional support to local governments to: (a) Monitor compliance with building laws; and (b) Undertake enforcement actions against non-compliant builders?
AnswerView source ↗
Answered
16 December 2025
Responded by
Minister for Commerce
Response time
9 days
(1)
(a) No compliance audits have been undertaken.
(b) The Deed of Loan provides that the Minister for State Development may require immediate repayment of the loan where a representation or warranty made by the borrower is untrue, incorrect, misleading or deceptive.
(2)
(a - b) The Government administers and supports the dispute resolution scheme established by the Building Services (Complaint Resolution and Administration) Act 2011 , which already provides homeowners impacted by construction delays and/or defects with a low-cost avenue for seeking a remedy and alternative to the court system.
(3)
(a) The purpose of the dispute resolution scheme under the Building Services (Complaint Resolution and Administration) Act 2011 is to provide consumers and builders with a low-cost alternative to the court system. The quick resolution of matters is always preferred however outcomes are impacted by the required complaint process, including to afford fairness to all parties, and the complexity of some of the matters being dealt with.
(b) The Government is undertaking a review of the State’s home building contract laws, which includes the disputes resolution scheme. The review is expected to be completed in the second half of 2026.
(4)
(a - c) Yes
(d) No. General complaint data is published monthly on the Department of Local Government, Industry Regulation and Safety’s website.
(5) This data is not collected.
(6)
(a - b) No. Under the Building Act 2011 local governments have various building control powers and functions. Local governments collect substantial fees from each building approval given to perform the functions.
(a) No compliance audits have been undertaken.
(b) The Deed of Loan provides that the Minister for State Development may require immediate repayment of the loan where a representation or warranty made by the borrower is untrue, incorrect, misleading or deceptive.
(2)
(a - b) The Government administers and supports the dispute resolution scheme established by the Building Services (Complaint Resolution and Administration) Act 2011 , which already provides homeowners impacted by construction delays and/or defects with a low-cost avenue for seeking a remedy and alternative to the court system.
(3)
(a) The purpose of the dispute resolution scheme under the Building Services (Complaint Resolution and Administration) Act 2011 is to provide consumers and builders with a low-cost alternative to the court system. The quick resolution of matters is always preferred however outcomes are impacted by the required complaint process, including to afford fairness to all parties, and the complexity of some of the matters being dealt with.
(b) The Government is undertaking a review of the State’s home building contract laws, which includes the disputes resolution scheme. The review is expected to be completed in the second half of 2026.
(4)
(a - c) Yes
(d) No. General complaint data is published monthly on the Department of Local Government, Industry Regulation and Safety’s website.
(5) This data is not collected.
(6)
(a - b) No. Under the Building Act 2011 local governments have various building control powers and functions. Local governments collect substantial fees from each building approval given to perform the functions.
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