WA – The much awaited proposed Building Act 2010 for Western Australia encompasses Maintenance of Regulated Usage and Services.  This will form part of the Certificate of Occupancy and outlines the essential services of the building that are required to be maintained.

Part 4 Section 45 of the proposed Building Act outlines the statutory requirements for building owners to maintain the building elements (essential services) of their buildings.

Part of this proposal is that the building owners provide notification to the Licence Issuing Authority, that the essential services required checks and maintenance, as specified on the Certificate of Occupancy have been maintained and that they are operational.

The proposal states that this will be required to be carried out annually and that the process will be audited by the Licence Issuing Authority and that they will have the power of entry to inspect the buildings, to ensure that the prescribed essential services have been maintained. This may be carried out by Licence Issuing Building Surveyors or outside experts such as Registered Building Surveyors.

Records of maintenance and checks on essential services must be kept on site and may be inspected by the Licence Issuing Authority at any reasonable time without prior notice.

Penalties will apply to Building owners who do not carry out routine maintenance and checks on essential services , or falsify documents or fail to keep maintenance records on site.

If the Building owner is found guilty of one or more of these penalties relative to essential services, then the Licence Issuing Authority may in the interest of safety of the buildings inhabitants, remove the building owner’s right to occupy the building.