WA Home Building Contract Laws: A Turning Point for Owner-Builders
- Stephanie Boyce
- May 14
- 2 min read
For too long, owner-builders in Western Australia have navigated a "grey area" when it comes to legal protections. While you take on the role of the builder, you are often still a consumer at heart—yet the law hasn't always seen it that way.
That is about to change.
The Western Australian Government is currently reviewing the Home Building Contracts Act 1991, with a clear mission: to modernise dispute resolution and ensure the building sector is fairer for everyone. If you are currently managing a project or planning to apply for an owner-builder permit, this review is your chance to level the playing field.
Why This Review is a Game-Changer
Led by Parliamentary Secretary Hon Dan Caddy MLC, the review aims to fix a system that many feel has become outdated. In a market currently defined by supply chain hurdles and economic shifts, the government is looking to:
Modernise Legislation: Bringing 30-year-old laws into the 2020s.
Strengthen Protections: Closing the gaps that leave homeowners vulnerable.
Boost Industry Resilience: Ensuring the WA building sector remains stable for both contractors and consumers.
The "Consumer Status" Shift
One of the most significant proposals for owner-builders is the shift in how you are classified during a dispute.
Currently, if you hire a contractor for a specific trade (like roofing or carpentry) and the work is defective, your path to a resolution can be complicated. The proposed reforms aim to:
Treat owner-builders as consumers for the purpose of making building service complaints.
Grant the right to lodge complaints against registered builders for incomplete or "not proficient" work.
Align WA with other states like Queensland and NSW, where owner-builders already enjoy these protections.
Pro Tip: While the law looks to protect your financial and contractual rights, don’t forget your safety obligations. As you plan your renovation or build, ensure you’ve factored in an asbestos risk assessment, especially if you're working on a pre-1990 structure. Legal protection is vital, but site safety is non-negotiable.
How to Have Your Say (Deadline: June 24)
The government is actively seeking feedback via a formal discussion paper and an online survey. They want to hear from the people "on the tools" and those managing their own builds.
Feedback Deadline: 5:00 pm (WST), Wednesday, 24 June 2026.
Next Steps: After the consultation period, a final recommendations report is expected in September 2026.
Take Action Now
Don’t let these decisions be made without your input. Whether you’ve had a positive experience or struggled with a building dispute in the past, your story matters.
You can view the discussion paper and submit feedback via the online survey: Take the Survey
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