The regulations deploy a number of interconnected concepts that are essential to understanding how the system operates. “Applicable building standard” is a central term defined in section 3 of the Act but elaborated in detail in Part 4 of the regulations. For new building work, the applicable building standards are the requirements of the Building Code (the National Construction Code) in effect either at the time the application for a building permit is made, or in the edition that was in effect 12 months before that time , effectively a one-year grace period (regulation 31A(2)). For building work done without a permit the standard is the edition in effect when the work commenced (regulation 31E(2)). Special rules apply to relocated buildings, swimming pools, non-combustible external walls, and buildings in bush fire prone areas, each of which has its own set of applicable standards (regulations 31BA, 31C, 31D, 31HA). The “Building Code” itself is defined as the Building Code of Australia, Volumes One and Two of the National Construction Code, as amended from time to time (regulation 3A). “Building surveyor” is defined by reference to class: Level 1, Level 2, or Technician, each with a maximum type of building they may certify (regulation 5). “Certified application” and “uncertified application” are distinguished by whether a certificate of design compliance accompanies the permit application; uncertified applications are only permitted for Class 1a and Class 10 buildings (regulation 15). “Estimated value” of building work is defined by Schedule 1, which uses the contract price (including GST) where the contract covers all relevant components, or otherwise the sum of the value of materials, labour, services, fees, overheads and profit. “Private swimming pool” is defined as a pool associated with a Class 1a building, or fewer than 30 sole-occupancy units in a Class 2 building, or a Class 4 part of a building, with a capacity to contain water more than 300 mm deep, and includes a spa-pool but not a spa-bath (regulation 3). The regulation also creates the concept of “approved barrier solution” for swimming pools , a performance solution approved by the permit authority (regulation 3). “Relevant edition of the Building Code” is a term used throughout Part 4 to direct the reader to the specific edition that governs a particular building, structure or application.

The regulations directly affect owners of land on which buildings or incidental structures are located, applicants for building and demolition permits, building surveyors, builders and demolition contractors, local governments (as permit authorities), the Building Commissioner, the Fire and Emergency Services (FES) Commissioner, and anyone occupying or using a building. “Owner” is defined broadly by regulation 10, extending to leaseholders who can undertake building work without the consent of the registered proprietor and purchasers under a contract for sale of an estate in fee simple. For applications under sections 51(2) and 51(3) (unauthorised work), the owner is limited to the registered proprietor and certain executors (regulation 10(2A)). Owners are responsible for ensuring that building work is properly permitted and that ongoing maintenance obligations are met , particularly safety measures in Class 2 to 9 buildings (regulation 48A), pool barriers (regulation 50) and smoke alarms (regulations 56-62). Building surveyors are the professionals who must sign certificates of design compliance and building compliance; their scope of work is limited by their registration level. They must also provide plans to the FES Commissioner for Class 2 to 9 buildings at least 15 business days before signing a certificate (regulation 18B). Local governments act as permit authorities and have duties to inspect pool barriers at prescribed intervals (regulation 53), to issue identity cards to authorised persons (regulation 4B), and to forward information to the Building Commissioner annually (regulation 53B). Applicants for permits must provide extensive information including evidence of consents under Part 6 Division 3 of the Act, evidence of planning and health approvals, and details of performance solutions (regulation 16). The FES Commissioner receives plans for fire safety assessment and must be given a copy of any occupancy permit for buildings that went through that process (regulation 15A). The Building Commissioner approves forms and may reduce, waive or refund certain fees (regulation 11). The Work Health and Safety regulator and the Australian Statistician may also receive confidential information in prescribed circumstances (regulation 14A). Tenants and hirers of dwellings are indirectly affected by smoke alarm requirements, as owners must ensure alarms are compliant before they allow occupation.

The regulations impose a network of specific duties on owners, builders, building surveyors and permit authorities. The owner of a building or incidental structure must not carry out building work without a building permit unless an exemption applies (see Part 6). If they apply for a permit, they must provide the prescribed information and consents (regulation 16). Once a permit is granted, the owner must ensure that inspections and tests are conducted for Class 2 to 9 buildings , specifically systems such as fire hose reels, hydrants, automatic suppression, detection and alarm systems, air handling systems with smoke control, smoke/heat venting, and emergency warning intercoms, all to be tested on completion of installation (regulation 27, Schedule 3). The builder named on the permit must receive inspection certificates (regulation 29). The owner must also give a notice of completion or cessation as required by the Act; failure to do so is an offence punishable by infringement notice (Schedule 6). A building surveyor who signs a certificate of design compliance must verify that they have applied the correct edition of the Building Code and must include statements about performance solutions and FES Commissioner advice (regulation 18A). They must also provide plans to the FES Commissioner at least 15 business days in advance (regulation 18B), unless certain exceptions apply for small stand-alone Class 5-8 buildings or renovation-only projects with no fire safety performance solutions. The permit authority must decide on a building permit application within 25 business days (or 10 business days for an uncertified application) unless a longer period is agreed (regulation 20). For demolition permits, the applicant must provide evidence that the building has been treated to ensure it is not infested by rodents at the time of demolition (regulation 19(3)). The regulations grant rights to apply to extend the time during which a permit has effect, including after expiry (regulation 23), and to seek review of a refusal to extend in the State Administrative Tribunal (regulation 25). Owners of dwellings have the right to recover from the prior owner the reasonable costs of installing smoke alarms if the prior owner failed to do so before transfer (regulation 57(2)). A local government may approve alternative solutions for pool barriers (regulation 51) and may approve battery-powered smoke alarms in certain circumstances (regulation 61). The Building Commissioner may make declarations under section 39 of the Act that a building standard does not apply or applies in a modified way, but only after receiving statements from two independent building surveyors (regulation 32).

The regulations create a range of penalties, many of which are a fine of $5,000 for individuals. Offences include failing to install a compliant pool barrier around a private swimming pool (regulation 50(2) - fine $5,000), failing to ensure smoke alarms are compliant prior to transfer, tenancy or hire of a dwelling (each $5,000 - regulations 56, 58, 59), failing to maintain smoke alarms in working order or with required power supply (regulation 62 - $5,000), failing to return an identity card on ceasing to be an authorised person (regulation 4B(4) - $5,000), and allowing a temporary office or shed to remain after building work completion without written approval (regulation 41(4) - $5,000). For Class 2 to 9 buildings, owners who fail to maintain safety measures or energy performance face a $5,000 fine (regulation 48A(2)). The owner of an existing building who changes its classification without giving 10 business days written notice to the permit authority is also liable to a $5,000 fine (regulation 47(1)). The modified penalties for infringement notices are lower: for example, a failure to give notice of completion has a modified penalty of $500, and a failure to install a compliant pool barrier has a modified penalty of $1,000 (Schedule 6). The regulations prescribe the form of infringement notices and outline the procedure for payment, withdrawal, and the right to elect to have the matter dealt with by prosecution (Schedule 7 Forms 1 and 2). The permit authority may appoint approved officers and authorised officers for the purposes of issuing infringement notices under the Criminal Procedure Act 2004 (regulation 70). The regulations also provide for the Building Commissioner to revoke or amend a declaration under section 39 if errors or changed circumstances come to light (regulation 34). Enforcement of building orders and prosecutions for offences under the Act are also contemplated, with the regulations requiring permit authorities to report annually to the Building Commissioner on the number of building orders made and prosecutions commenced (regulation 14(1)(d)-(f)). The absence of a building permit for work that does not fall within an exemption can also lead to enforcement action, and the applicable building standards for unauthorised work are the edition of the Building Code in effect when the work commenced (regulation 31E), which may be more onerous than the standards that would have applied if a permit had been obtained.

The Building Regulations 2012 operate within a broader legislative framework and expressly cross-reference several other written laws. Under the Planning and Development Act 2005, approvals required under local planning schemes or the Swan Valley Planning Scheme are prescribed as conditions for granting a building permit and for issuing a certificate of building compliance (regulations 18(2)(b), 36(1)(b), 37(b)). A building permit cannot be granted unless such planning approvals are in place and in force (regulation 18(2)). The Health (Miscellaneous Provisions) Act 1911 and the Health (Aquatic Facilities) Regulations 2007 are also referenced: approvals for sewage apparatus and aquatic facilities must be obtained before a building permit can be granted (regulation 18(2)(a), (c)) and must be evidenced in the certificate of building compliance (regulation 36(1)(a), (c)). The Work Health and Safety Act 2020 and associated regulations are relevant: the regulations prescribe a notification requirement for demolition under the Work Health and Safety (General) Regulations 2022 (regulation 19(2)(b)), and the WorkSafe Commissioner may receive information from a local government in relation to permits referred to in the Work Health and Safety (General) Regulations 2022 regulation 315A (regulation 14A(3)). The Fire and Emergency Services Act 1998 is central to the bush fire prone area regime: the FES Commissioner designates bush fire prone areas (definition of “bush fire prone area” in regulation 3), and the regulations provide for exchange of plans and information with the FES Commissioner (regulations 15A, 18B, 18C). The Heritage Act 2018 is relevant because certain exemptions from permit requirements do not apply if a building is subject to a protection order, heritage works permit, repair notice or repair order (e.g. regulation 42(a)(iii) for demolition; Schedule 4 clause 2 item 2(g) for renovation work). The Local Government Act 1995 and local laws under that Act also apply: for example, fences may be erected without a building permit if constructed in accordance with a local law (Schedule 4 item 4(a)). The Residential Tenancies Act 1987 and the Short-Term Rental Accommodation Act 2024 are cross-referenced in the smoke alarm requirements (regulations 55(1), 58, 60(1)(ba)). The regulations also interact with the Census and Statistics Act 1905 (Commonwealth) by permitting disclosure of certain building statistics to the Commonwealth Statistician (regulation 14A(4)). Finally, the regulations modify the Building Code itself (regulation 15C) , for example, deleting Part G7 of the 2022 edition and adjusting energy rating requirements , meaning that the National Construction Code as it applies in Western Australia is not identical to the standard edition.

The Building Regulations 2012 were originally published in the Gazette on 13 March 2012 and came into operation on 2 April 2012 (excluding the preliminary regulations which commenced on publication). Since then they have been amended by more than 30 sets of amending regulations, as listed in the compilation table. Significant amendments include: the Building Amendment Regulations (No. 2) 2012 (18 December 2012) which inserted the detailed provisions on applicable building standards in Part 4 and amended Part 3 procedures. The Building Amendment Regulations 2014 (24 April 2014) inserted the maintenance obligations (Division 2A) and temporary pool barrier requirements (regulation 54A). The Building Amendment Regulations (No. 3) 2015 (7 December 2015) introduced the bush fire prone area regime (regulation 31BA). The Building Amendment Regulations (No. 2) 2016 (15 April 2016) further refined swimming pool barrier requirements and introduced the pre-May 2016 private swimming pool concept. The Building Amendment Regulations (No. 2) 2018 (5 October 2018) inserted the non-combustible external walls provisions (regulation 31HA) following concerns about combustible cladding. The Building Amendment Regulations (No. 2) 2022 (23 September 2022) updated references to the 2022 edition of the National Construction Code and modified energy efficiency and fire safety provisions (regulation 15C). The Building Amendment Regulations 2023 (20 December 2023) introduced a comprehensive overhaul of the private swimming pool barrier inspection and enforcement regime, including new regulations 4A (authorised persons), 4B (identity cards), 53 (inspection intervals), 53A (charges), 53B (reporting), and replaced the former regulation 50 with new provisions (regulations 50, 50A). The Building Amendment Regulations (No. 2) 2023 (20 September 2023) provided a transitional period for the application of the 2022 edition of the Building Code (regulation 31IA). Most recently, the Building Amendment Regulations (No. 2) 2025 (16 April 2025) inserted new transitional provisions for bush fire performance requirements extending to 2028 (regulation 15D) and made minor amendments to pool barrier and independent building surveyor provisions. The regulations also include a transitional provision relating to Part 9, which expired one year after 2 April 2012 and has been omitted.

The source text of the regulations does not name any specific cases. However, the regulations themselves establish several rights of review to the State Administrative Tribunal (SAT). A person may apply to SAT for review of a permit authority’s decision to refuse to accept an application for extension of a building or demolition permit after expiry, to refuse to extend the time, or to impose conditions on the extension (regulation 25). Similarly, a person may apply to SAT for review of a decision of the permit authority to refuse to extend an occupancy permit or building approval certificate, or to extend it for a shorter period than requested (regulation 40(5)(b)). The Building Commissioner’s decision on an application for a declaration under section 39 (non-application or modification of a building standard) is also subject to review under section 120 of the Act, and the regulations require the Commissioner to notify the applicant of their right of review (regulation 33(2)(b)). Because these review rights are provided in the subordinate legislation, any litigation in SAT interpreting these provisions would arise from the Act and the regulations together. The regulations also provide for infringement notices and subsequent prosecution under the Criminal Procedure Act 2004, which could generate court decisions on the application of penalty provisions. However, as of the latest amendments in 2025, no specific judicial decisions are referenced in the regulations themselves. Practitioners should be aware that the State Administrative Tribunal and the courts have considered various aspects of the Building Act 2011, but the regulations alone do not cite any such decisions. The absence of named cases in the source text means that any litigation history must be drawn from external research beyond this deep dive.

Several provisions in the regulations can catch out even experienced practitioners. The definition of “owner” for permit applications can be narrower than expected: if a leaseholder signs the application under regulation 10(1)(a) or a purchaser under regulation 10(1)(b) signs, no other person is treated as owner (regulation 11A). This means a registered proprietor who does not sign may not be liable or able to control the application, but may still be bound by the outcome. The 4-month period for bush fire prone area designation is critical: if an area was not designated as bush fire prone at any time during the 4 months ending on the date of the application, the bush fire performance requirements do not apply (regulation 31BA(1) Table items 1-3). This can lead to a situation where a building is subject to different standards depending on when the application was lodged relative to a new bush fire designation. The interplay between the 12-month grace period for building standards (regulation 31A(2)(b)) and the specific rules for bush fire, pool barriers and relocated buildings is complex and requires careful cross-referencing. For pool barriers, a performance solution cannot be used unless it is an approved barrier solution (regulation 31C Table note), and the Australian Standard AS 1926.1-2012 is modified by the regulations , the boundary barrier provisions are substantially rewritten (regulation 15B). Simply referring to the unmodified standard is insufficient. The requirement that the certificate of design compliance must identify the edition of the Building Code applied (regulation 18A(1)(a)) means that if the wrong edition is quoted, the permit may be invalid. For pre-May 2016 private swimming pools, the owner may rely on AS 1926.1-1993 or approved alternative requirements, but any building wall that forms part of the barrier must not have a door unless it is an approved door under regulation 51(3) , such approvals are not automatic and require a specific application showing structural or disability hardship. The smoke alarm provisions have a nuanced transitional exemption: dwellings with a building licence issued before commencement day, or with a building permit application made before 1 May 2015, are not required to have interconnected smoke alarms (regulation 60(4)). This means many older dwellings that have had compliant smoke alarms installed before that date may not meet current deemed-to-satisfy provisions if they are subsequently altered. The fee structure for applications to extend time during which a permit has effect is a flat $110, regardless of the value of the work (Schedule 2), but if the application is made after the expiry day, the permit authority may refuse to accept it if the delay was unreasonable or more than 12 months (regulation 23(3)). For occupancy permit extension applications, the deadline is only 30 days after expiry (regulation 40(2)(b)). The exemption from building permits for certain Class 10 buildings in specified local government districts is highly granular , see Schedule 4 clause 1, which lists dozens of districts with varying exclusion zones (e.g. some exclude only townsites, others exclude specific lots). A builder constructing a garden shed 15 km from a townsite may still need a permit if the district is not listed. Finally, the regulations create a duty for the owner of a building to maintain safety measures to the standard of the edition of the Building Code identified in the most recent certificate of design compliance (regulation 48A(1)(a)). This means that if a building was constructed to an older edition, the owner is not required to upgrade to the latest code, but they must keep the existing measures functioning at the original standard.

Compliance with the Building Regulations 2012 requires a methodical approach from the point of project conception through to ongoing maintenance. First, determine whether the proposed building work requires a building permit by checking the exemptions in Part 6 and Schedule 4. If the work falls within an exemption (e.g. certain Class 10 buildings in specific districts, minor renovation without structural change, or temporary builder’s facilities) no permit is needed, but the work must still comply with applicable building standards and must not contravene any local law or heritage protection. If a permit is needed, engage a registered building surveyor who is appropriately classified for the type of building (regulation 5). The applicant must submit either a certified application (with a certificate of design compliance signed by the building surveyor) or an uncertified application (only for Class 1a and 10 buildings). The application must include evidence of planning and health approvals, details of performance solutions, and any consents under Part 6 Division 3 of the Act for encroachments onto other land (regulation 16). The building surveyor must provide plans to the FES Commissioner at least 15 business days before signing the certificate if the building is Class 2-9 (regulation 18B). The permit authority must decide within 25 business days (or 10 for uncertified applications). Once the permit is granted, the builder must ensure that all required inspections and tests are conducted at the times set out in Schedule 3, and that inspection certificates are completed and provided to the builder (regulation 29). Upon completion, the owner must give notice of completion to the permit authority (section 33 of the Act, penalty if not given). For a Class 2-9 building, an occupancy permit must be obtained (unless exempted under regulation 43); the application must be accompanied by a certificate of building compliance signed by a building surveyor confirming the building complies with the applicable building standards and that all required approvals are in place (regulation 36). The permit authority has 10 business days to grant or refuse the occupancy permit (regulation 38). For ongoing compliance, the owner of a Class 2-9 building must maintain safety measures and energy efficiency at the standard required by the relevant edition of the Building Code (regulation 48A). For any private swimming pool, the owner must ensure a compliant barrier is installed at all times, and the local government will inspect at prescribed intervals (regulation 53). For dwellings, smoke alarms must be compliant before transfer, tenancy or hire , this means checking that each alarm is within its service life (10 years or not past expiry date), is in working order, and is either mains-powered with permanent connection or has a 10-year non-removable battery if an exemption applies (regulation 60). If an owner is unsure about the applicable building standard for an existing building or proposed work, they can apply to the Building Commissioner for a declaration under section 39, supported by independent building surveyor statements, which may relieve or modify the standard (regulation 32). All records (including certificates, notices, and inspection certificates) must be retained by the permit authority (regulation 12). Finally, any person who fails to comply should be aware that infringement notices may be issued for certain offences, and that the modified penalties are lower than the maximum court-imposed fines, but a person can elect to have the matter prosecuted if they wish to contest it.