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Building Legislation

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Through a range of regulation reforms, Building and Energy has delivered the most significant transformation of Western Australian building laws. The following links will guide you to legislative framework for building in Western Australia.

 

National Construction Code (NCC)

The National Construction Code (NCC) provides the minimum necessary requirements for safety, health, amenity and sustainability in the design and construction of new buildings (and new building work in existing buildings) throughout Australia.

The NCC comprises of three volumes:

  • Volume One: pertains primarily to Class 2 to 9 buildings which are commercial, industrial and multi-residential buildings.
  • Volume Two: pertains primarily to Class 1 and 10 buildings which are houses, sheds and carports.
  • Volume Three: pertains primarily to plumbing and drainage associated with all classes of buildings.

 Australian Building Codes Board (ABCB)

Smoke alarm laws

Smoke

The Building Regulations 2012 (the Regulations) require the owner of a dwelling to have compliant smoke alarms installed prior to the transfer of ownership.

Also, where a dwelling is rented under a residential tenancy agreement or made available for such rental; and where a dwelling is made available for hire.

 Smoke Alarm Laws

 

Dividing fence legislation

Fence

The erection and maintenance of dividing fences on the boundary are a matter between neighbours and as such are dealt with by the Dividing Fences Act 1961  which is administered by the Department of Commerce - Building Commission.

A Building Permit may be required for the construction of dividing fences and front fences.  

 Dividing Fences Overview

Dividing Fences Act 1961

Home Indemnity Insurance (HII)

Residential building work contracts in Western Australia are governed by the Home Building Contracts Act 1991.

  • It is compulsory for all residential building work above $20,000 to be covered by HII, except associated work alone (e.g. swimming pools, carports, pergolas and landscaping).
  • Before commencing work or demanding any payment including a deposit, the builder must take out HII and give the home owner a certificate confirming the existence of the insurance cover.

 Fact Sheet

Home Building Contracts Act 1991

 

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