Survey responses from consumers, lawyers and other industry stakeholders have highlighted a growing need for reform of Western Australia’s home building contract laws, with the Cook Government signalling changes to better reflect current construction costs and industry practices.
The findings form part of a review led by Parliamentary Secretary Hon Dan Caddy MLC into the Home Building Contracts Act 1991 and the Building Services (Complaint Resolution and Administration) Act 2011, aimed at ensuring the State’s home building contract laws remain fit for purpose and safeguard consumers.
According to the Government, a consistent theme emerging from the surveys was that existing protections have not kept pace with changes in the residential construction sector. Respondents pointed to a need for clearer guidance on contractual rights and obligations, greater transparency around pricing, and improved understanding of the Building Commissioner’s role in consumer protection and industry regulation.
Responses also highlighted that current protections lag behind increasing building costs, with financial thresholds capped at $500,000 despite rising construction prices. There is also uncertainty around builders’ entitlements to price increases and how contracts should deal with “neutral delay events”, such as delays in planning approvals or the release of land titles.
The Government says the survey feedback will inform reform proposals to be released in a public consultation paper early next year, allowing further submissions from the legal profession, industry and consumers.
WA Attorney General Dr Tony Buti said the responses reflected the practical realities faced by both homeowners and builders, and would help shape reforms intended to balance consumer protection with industry viability. “Entering a contract for a new home or renovation is a major commitment, so it is important to have effective legislation that ensures confidence for all parties in the contract”, he said.
Mr Caddy said the feedback reinforced the need for a more modern and accessible regulatory framework, with further consultation planned as reforms progress. A summary of the survey findings has been published by the government alongside further information about the ongoing review.
