WA – HENDRY building surveyors advise that along with the new Building Act 2011 and Building Regulations 2012 the new Building Services (Complaints Resolution and Administration) Act 2011 allows the Building Commission to replace the Building Disputes Tribunal with a modern widened dispute resolution process.

In general a complaint under this legislation can be made by any person who is adversely affected by the carrying out of regulated building services.

A complaint may 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, a neighbour, a subcontractor, or some other affected third party);
  • an owner or builder under a contract for carrying out home building work; or
  • in the case of a disciplinary matter, any person (including a regulatory board) who has reasonable cause to believe that a disciplinary matter had occurred or is occurring.

A complaint about regulated building services is assessed with regard to the quality of that service. If the service is not carried out in a proper and proficient manner or is faulty or unsatisfactory, then the making of a complaint is warranted.