What it does
The Building Regulations 2012 (WA) are the principal subordinate instrument supporting the Building Act 2011. They operationalise the Act by prescribing the detailed procedural, technical and administrative requirements that govern the design, construction, demolition, occupancy and maintenance of buildings and incidental structures in Western Australia. The regulations set out the manner and form of applications for building and demolition permits, the content of certificates of design compliance and building compliance, the applicable building standards that must be met, the circumstances in which permits are not required, the maintenance obligations for existing buildings (including swimming pool barriers and smoke alarms), the fees to be paid, the records to be kept, and the infringement notice regime for prescribed offences. They also prescribe classes of building surveyors according to the type of building they may certify, define key terms such as “building work” and “estimated value”, and create the mechanism for modifying the Building Code (National Construction Code) for Western Australian conditions , for example, modifying energy efficiency requirements in the 2019 and 2022 editions of the Code, and adding specific bush fire performance requirements (regulations 15C, 15D). The regulations impose continuing duties on owners of Class 2 to 9 buildings to maintain safety measures and energy performance (regulation 48A), and on owners of dwellings to ensure smoke alarms are compliant before transfer, tenancy or hire (regulations 56-62). A significant portion of the regulations deals with the specific regime for private swimming pool barriers, including inspection intervals, charges, and approval of alternative solutions (Part 8 Division 2, regulation 53). The regulations also prescribe areas of the State where building permits are not required for certain Class 10 buildings (Schedule 4) and where the pool barrier provisions apply (Schedule 5). In short, the regulations translate the broad enabling provisions of the Act into concrete, enforceable obligations that practitioners, local governments and property owners must follow on a day-to-day basis.