Sch 5Prescribed offences and modified penalties

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Schedule 5 — Prescribed offences and modified penalties 1. Terms used 92 Division 2 — Offences under the Act Division 3 — Offences under these regulations Schedule 6 — Forms Notes Compilation table 103 Uncommenced provisions table 107 Other notes 107 Defined terms Building Services (Registration) Act 2011 ## Part 1 — General provisions ##### 1. Citation These regulations are the *Building Services (Registration) Regulations 2011*. ##### 2. Commencement These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*; (b) the rest of the regulations — on the day on which Part 3 of the Act comes into operation. ##### 3. Terms used In these regulations — builder work has the meaning given in regulation 13; Building Code means the Building Code of Australia which is volumes 1 and 2, as amended from time to time, of the National Construction Code; building engineering work has the meaning given in the *Building Services (Complaint Resolution and Administration) Regulations 2011* regulation 4B(1); building surveying work level 1 has the meaning given in regulation 28A; building surveying work level 2 has the meaning given in regulation 28A; certificate of building compliance means a certificate that complies with the *Building Act 2011* section 57; certificate of construction compliance means a certificate that complies with the *Building Act 2011* section 56; certificate of design compliance means a certificate that complies with the *Building Act 2011* section 19; compliance certificate means — (a) a certificate of building compliance; or (b) a certificate of construction compliance; or (c) a certificate of design compliance; National Construction Code means the National Construction Code series published by, or on behalf of, the Australian Building Codes Board; National Register has the meaning given in the *National Vocational Education and Training Regulator Act 2011* (Commonwealth) section 3; owner‑builder, in relation to building work, means a person who has an owner‑builder approval granted under the *Building Services (Registration) Act 2011* section 45 to carry out the building work; painter work has the meaning given in regulation 28; principal builder, in relation to builder work, means a person who carries out, or undertakes to carry out, the builder work for another person but does not include — (a) a person engaged as a subcontractor to carry out all or part of the builder work; or (b) a person who carries out, or undertakes to carry out, all or part of the builder work for an owner‑builder; section means section of the Act; storey has the meaning given in the Building Code Schedule 3. [Regulation 3 amended: Gazette 12 Mar 2012 p. 990 and p. 1008; 31 Mar 2017 p. 1941-2; SL 2020/196 r. 11; SL 2021/86 r. 15; SL 2021/213 r. 4; SL 2022/101 r. 4; SL 2023/64 r. 4.] ##### 4. Prescribed building services For the purposes of the definition of ***prescribed building service*** in section 3 the following building services are prescribed — (a) builder work as a principal builder; (ba) building surveying work level 1 as the person issuing a compliance certificate; (bb) building surveying work level 2 as the person issuing a compliance certificate; [(bc) deleted] (b) painter work. [Regulation 4 amended: Gazette 12 Mar 2012 p. 1008; 31 Mar 2017 p. 1942; SL 2023/64 r. 5; SL 2024/255 r. 6.] ##### 5. Persons prescribed for purposes of s. 7 A person entitled to carry out builder work as a principal builder is prescribed for the purposes of section 7 in respect of painter work if — (a) the person carries out, or undertakes to carry out, the painter work as part of a contract to carry out builder work; and (b) the person engages the services of a building service contractor entitled to carry out painter work to carry out the painter work. [Regulation 5 amended: Gazette 31 Mar 2017 p. 1942.] ##### 6. Classes of building service practitioner and building service contractor (1) For the purposes of section 9(1) the following classes of building service practitioner are prescribed — (a) building practitioner; (ba) building surveying practitioner level 1; (bb) building surveying practitioner level 2; (bc) building surveying practitioner technician; (bd) building engineering practitioner, structural — professional; (be) building engineering practitioner, structural — technologist; (bf) building engineering practitioner, structural — associate; (bg) building engineering practitioner, fire safety — professional; (bh) building engineering practitioner, fire systems — technologist; (bi) building engineering practitioner, fire systems — associate; (bj) building engineering practitioner, civil — professional; (bk) building engineering practitioner, civil — technologist; (bl) building engineering practitioner, civil — associate; (bm) building engineering practitioner, mechanical — professional; (bn) building engineering practitioner, mechanical — technologist; (bo) building engineering practitioner, mechanical — associate; (b) painting practitioner. (2) For the purposes of section 9(2) the following classes of building service contractor are prescribed — (c) building contractor (company); (da) building surveying contractor level 1 (individual); (db) building surveying contractor level 1 (partnership); (dc) building surveying contractor level 1 (company); (dd) building surveying contractor level 2 (individual); (de) building surveying contractor level 2 (partnership); (df) building surveying contractor level 2 (company); (dg) building engineering contractor — professional (individual); (dh) building engineering contractor — professional (partnership); (di) building engineering contractor — professional (company); (dj) building engineering contractor — technologist (individual); (dk) building engineering contractor — technologist (partnership); (dl) building engineering contractor — technologist (company); (dm) building engineering contractor — associate (individual); (dn) building engineering contractor — associate (partnership); (do) building engineering contractor — associate (company); (dp) building engineering contractor, fire systems — technologist (individual); (dq) building engineering contractor, fire systems — technologist (partnership); (dr) building engineering contractor, fire systems — technologist (company); (ds) building engineering contractor, fire systems — associate (individual); (dt) building engineering contractor, fire systems — associate (partnership); (du) building engineering contractor, fire systems — associate (company); (d) painting contractor (individual); (e) painting contractor (partnership); (f) painting contractor (company). [Regulation 6 amended: Gazette 12 Mar 2012 p. 990-1; SL 2023/64 r. 6 and 19.] ##### 7. Registration and renewal of registration (1) An application for registration or renewal under section 13(1) or (2) must state that the registration or renewal is sought for a period of 3 years. (2) For the purposes of section 15(1), the period commencing 12 weeks before the registration of a person is due to expire and ending when the person’s registration expires is the renewal period for the application for the renewal of the person’s registration. [Regulation 7 inserted: Gazette 21 Sep 2018 p. 3534; amended: SL 2024/190 r. 4.] ##### 7A. Information prescribed for register (1) For the purposes of section 29(4)(g) and (5)(h), the information is as follows — (a) conviction of an offence under any of the following — (i) the Act; (ii) the *Building Services (Complaint Resolution and Administration) Act 2011*; (iii) the *Home Building Contracts Act 1991*; (b) if the registered building service provider is a building service contractor, details of a fine imposed by the State Administrative Tribunal under section 59(3) on a person who is — (i) a nominated supervisor of the contractor; or (ii) if the contractor is a partnership — a partner; or (iii) if the contractor is a body corporate — a director of the body corporate or a person who is concerned in the management of the body corporate; or (iv) if the contractor is an unincorporated body — a person who is concerned in the management of the body; (c) if the registered building service provider is a building service practitioner, details of a fine imposed by the State Administrative Tribunal under section 59(3) on that person in the person’s capacity as — (i) a nominated supervisor of a building service contractor; or (ii) a partner of a building service contractor that is a partnership; or (iii) a director of, or person concerned in the management of, a building service contractor that is a body corporate; or (iv) a person concerned in the management of a building service contractor that is an unincorporated body; (d) details of an order made by the Board under section 57(2)(a); (e) details of a caution or reprimand issued by the Board under section 57(2)(b); (f) details of a requirement of the Board for an undertaking under section 57(2)(c); (g) details of an order made by the Board under section 57(2)(d) or 57(3); (h) details of a caution or reprimand issued by the State Administrative Tribunal under section 58(1)(c). (2) A reference in subregulation (1)(a) to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded. (3) In the case of a building service contractor that is a partnership, subregulation (1)(a) applies in relation to the conviction of a partner. (4) This regulation does not apply in relation to conduct by a registered building service provider that occurred before the commencement of the *Building Services (Registration) Amendment Regulations 2023* regulation 4. [Regulation 7A inserted: SL 2023/76 r. 4.] ##### 7B. Removing information from register (1) The Building Commissioner must remove the information referred to in regulation 7A(1)(a), (b) or (c) as soon as practicable after, and in any event not later than 28 days after, the earlier of the following — (a) the expiry of the period of 3 years beginning on the day of conviction or the day on which the fine is imposed (whichever is relevant); (b) the conviction or the decision to impose a fine (whichever is relevant) is set aside on appeal. (2) The Building Commissioner must remove the information referred to in regulation 7A(1)(d), (e), (f), (g) or (h) as soon as practicable after, and in any event not later than 28 days after, the earlier of the following — (a) the expiry of the period of 12 months beginning on the day on which the order, caution or reprimand or requirement (whichever is relevant) is made or issued; (b) the decision to make the order or issue the caution or reprimand or requirement (whichever is relevant) is set aside on review by the State Administrative Tribunal. (3) A reference in subregulation (1)(a) to the day of conviction means (as applicable) — (a) the day on which the conviction is recorded; or (b) if no conviction is recorded — (i) the day on which the finding of guilt is made in relation to the building service provider; or (ii) the day on which the plea of guilty by the building service provider is accepted. [Regulation 7B inserted: SL 2023/76 r. 4.] ##### 8. Membership of Board: occupation groups For the purposes of the definition of ***occupation group*** in section 67(1) the classes of registered building service providers listed in an item in the Table comprise the occupation group referred to for that item. | **Item** | **Classes of building service providers** | **Occupation group** | | 1. | Building practitioner Building contractor (individual) | Builders | | | Building contractor (partnership) Building contractor (company) | | | 2A. | Building surveying practitioner level 1 Building surveying practitioner level 2 | Building surveyors | | | Building surveying practitioner technician Building surveying contractor level 1 (individual) | | | | Building surveying contractor level 1 (partnership) | | | | Building surveying contractor level 1 (company) | | | | Building surveying contractor level 2 (individual) | | | | Building surveying contractor level 2 (partnership) Building surveying contractor level 2 (company) | | | 2. | Painting practitioner Painting contractor (individual) Painting contractor (partnership) | Painters | | | Painting contractor (company) | | [Regulation 8 amended: Gazette 12 Mar 2012 p. 991-2.] ##### 9. Fees The fees set out in Schedule 1 are payable in respect of the matters referred to in that Schedule. [**9A.** Deleted: SL 2021/86 r. 16.] ##### 10. Reduction, waiver and refund of fees (1) The Building Commissioner may reduce, waive or refund the whole or part of a fee under these regulations. (2) The Building Commissioner may do so — (a) on their own initiative; or (b) on application by a person in the manner and form approved by the Building Commissioner. [Regulation 10 inserted: SL 2024/255 r. 7.] ##### 10A. Notification of new director of building service contractor: prescribed information (1) For the purposes of section 32A(3), the following information must be included in a notice of the appointment of any new director of a body that is a building service contractor — (a) a copy of an ASIC current and historical company extract for the body that was extracted within the previous 30 days; (b) the new director’s Director Identification Number (DIN) if the new director is required to have a DIN under the *Corporations Act 2001* (Commonwealth) Part 9.1A; (c) whether the new director is (or has been) a bankrupt or a person whose affairs are under insolvency laws, according to the *Interpretation Act 1984* section 13D; (d) whether the new director has not paid a building service debt of a kind referred to in section 53(4) that the new director has incurred; (e) whether the new director is (or has been) an officer of a corporation or a non‑corporate body that became an insolvent on at least 1 occasion, but only if the period of 3 years has not elapsed since the insolvency event that resulted in the last insolvency. (2) A term used in subregulation (1)(e) has the same meaning as it has in Part 5A of the Act. [Regulation 10A inserted: SL 2022/101 r. 5.] ##### 11. Notification of disciplinary action: prescribed Acts For the purposes of section 36(1) the following Acts are prescribed — (a) *Architects Act 2004*; (ba) *Architects Act 2004* (Australian Capital Territory); (bb) *Architects Act 2003* (New South Wales); (bc) *Architects Act* (Northern Territory); (bd) *Architects Act 2002* (Queensland); (be) *Architects Act 1991* (Victoria); (bf) *Architectural Practice Act 2009* (South Australia); (b) *Building Act 1993* (Victoria); (c) *Building Act* (Northern Territory); (d) *Building Act 2000* (Tasmania); (e) *Building Act 1993* (Victoria); (fa) *Building Professionals Act 2005* (New South Wales); (f) *Building Work Contractors Act 1995* (South Australia); (g) *Construction Occupations (Licensing) Act 2004* (Australian Capital Territory); (h) *Credit (Administration) Act 1984*; (ha) *Design and Building Practitioners Act 2020* (New South Wales); (ia) *Development Act 1993* (South Australia); (i) *Electricity Act 1945*; [(j) deleted] (k) *Gas Standards Act 1972*; (l) *Home Building Act 1989* (New South Wales); (m) *Land Valuers Licensing Act 1978*; (n) *Licensed Surveyors Act 1909*; (oa) *Professional Engineers Act 2002* (Queensland); (ob) *Professional Engineers Registration Act 2019* (Victoria); (o) *Queensland Building Services Authority Act 1991* (Queensland); (p) *Real Estate and Business Agents Act 1978*; (q) *Settlement Agents Act 1981*; (r) *Plumbers Licensing Act 1995*. [Regulation 11 amended: Gazette 31 Jan 2012 p. 591‑2; 14 Nov 2013 p. 5029; SL 2023/64 r. 7; SL 2026/19 r. 4.] ## Part 2 — Builders ### Division 1 — Preliminary ##### 12. Terms used building work has the meaning given in the *Building Act 2011* section 3; farm building means any building of a permanent nature, other than a building used or intended to be used for residential purposes, that is — (a) constructed, or to be constructed, on land used primarily for agricultural purposes; and (b) itself used or intended to be used for agricultural purposes. ### Division 2 — Building service providers ##### 13. Terms used (1) In this Division — builder work means building work — (a) for which a building permit is required; and (b) with a value of $20 000 or more based on the value of the work estimated under Schedule 2; and (c) carried out in an area of the State set out in Schedule 3, but does not include the following types of building work — (d) construction of a farm building; (e) production of a prefabricated or transportable building in a manufacturing yard; (f) formation of a parking area; (g) formation of outdoor sporting surfaces including associated fencing and lighting; (h) construction of walkways, viewing and gathering platforms that do not form part of another building; (i) construction of a water tank that is not incorporated into the structure of another building; (j) construction of an incidental structure as defined in the *Building Act 2011* section 3; (k) installation of fire sprinklers, free standing partitioning, safety systems, timber decking or glazing; (l) cabinet making and installation; (m) joinery (2nd fixing) work; (n) construction of an exempt shed — (i) for which an application for a building permit is made on or before 1 October 2024; and (ii) with a value of less than $40 000 based on the value of the work estimated under Schedule 2; and (iii) carried out in the local government district of Chapman Valley, Greater Geraldton, Mundaring, Northampton or Swan; building contractor means — (a) a building contractor (individual); or (b) a building contractor (partnership); or (c) a building contractor (company); exempt shed — (a) means a shed that is a non-habitable building; but (b) does not include a garage or carport. (2) If a person carries out, or undertakes to carry out, building work for another person under more than 1 distinct contract or engagement and the building work is substantially a single undertaking in connection with a single building, the value of all the work must be added together for the purposes of calculating the value of the building work. [Regulation 13 amended: Gazette 31 Mar 2017 p. 1942; SL 2021/170 r. 4.] ##### 14. Prescribed titles: building practitioners and building contractors (1) The titles listed in the Table are prescribed for the purposes of section 4(1). | **Part 1 — Building practitioners** | | Registered Builder: Practitioner Registered Building Practitioner Registered Building Services Practitioner | | **Part 2 — Building contractor (individual)** | | Registered Builder Registered Builder: Contractor Registered Building Contractor Registered Building Services Contractor | | **Part 3 — Building contractor (partnership)** | | Registered Building Partnership Registered Building Contractor: Partnership Registered Building Contractor (Partnership) Registered Building Services Contractor (Partnership) | | **Part 4 — Building contractor (company)** | | Registered Building Company Registered Building Contractor: Company Registered Building Contractor (Company) Registered Building Services Contractor (Company) | (2) A building practitioner is entitled to use a title prescribed in Part 1 of the Table. (3) A building contractor (individual) is entitled to use a title prescribed in Part 2 of the Table. (4) A building contractor (partnership) is entitled to use a title prescribed in Part 3 of the Table. (5) A building contractor (company) is entitled to use a title prescribed in Part 4 of the Table. ##### 15. Building contractors: building services prescribed For the purposes of section 11(a), builder work as a principal builder is prescribed as a building service that the following classes of building service contractors are entitled to carry out — (c) building contractor (company). [Regulation 15 amended: Gazette 31 Mar 2017 p. 1942.] ##### 16. Qualifications and experience: building practitioners (1) For the purposes of section 17(1)(b) a qualification (if any) listed in a set in the Table, together with the experience listed in the same set, are prescribed as qualifications and experience for building practitioners. | Set 1 | (aa) CPC50220 Diploma of Building and Construction (Building) as described on the National Register; or (a) CPC50210 Diploma of Building and Construction (Building) as described on the National Register including the following units — | carrying out or supervising building work for periods totalling at least the equivalent of 7 years full‑time | | | (i) CPCCBC4005A — Produce labour and material schedules for ordering; | | | | (ii) CPCCBC4018A — Apply site surveys and set‑out procedures to building and construction projects; | | | | (iii) CPCCBC5005A — Select and manage building and construction contractors; (iv) CPCCBC5007A — Administer the legal obligations of a building or construction contract or CPCCBC5007B — Administer the legal obligations of a building or construction contractor; | | | | (v) CPCSUS5001A — Develop workplace policies and procedures for sustainability; (vi) CPCCBC4014A — Prepare simple building sketches and drawings; | | | | [(vii) deleted] or (b) an equivalent qualification as determined by the Board | | | Set 2 | qualifications acceptable for — (a) membership as Member (Level 1) or Member (Level 2) of the Royal Australian Institute of Architects; or (b) registration under the *Architects Act 2004*; or (c) membership as Professional Engineer (MIEAust or FIEAust) of the Institution of Engineers, Australia; or (d) membership as Fellow or Member of the Australasian Institute of Mining and Metallurgy, evidenced by such membership or registration | supervising building construction for periods totalling at least the equivalent of 5 years full‑time | | Set 3 | qualifications acceptable for membership as Fellow or Member of the Australian Institute of Building evidenced by such membership | carrying out, supervising or managing building construction for periods totalling at least the equivalent of 5 years full‑time | | Set 4 | | experience in supervising or managing building construction — (a) for periods totalling at least the equivalent of 5 years full‑time; and (b) sufficient to gain knowledge and skills equivalent to those possessed by a person who has successfully completed a qualification referred to in set 1 | | Set 5 | | experience in carrying out building work, other than in the area set out in Schedule 3 or the area of the State within which the *Builders’ Registration Act 1939* 1 applied before it was repealed — (a) for periods totalling at least the equivalent of 7 years full‑time; and (b) sufficient to gain knowledge and skills equivalent to those possessed by a person who has successfully completed a qualification referred to in set 1 | (2) For the purposes of section 17(1)(b) the qualifications and experience for the renewal of the registration of a building practitioner are the qualifications (if any) and the experience that entitled the person to be registered as evidenced by such registration. (3) For the purposes of section 17(1)(b) the qualifications and experience for registration as a building practitioner for an eligible person are the qualifications (if any) and the experience that entitled the eligible person to be previously registered as evidenced by such registration. (4) In subregulation (3) — (a) who was previously registered at any time in the period of 3 years ending on the day on which an application for registration as a building practitioner is made; and (b) whose registration expired or was suspended or cancelled at the request of the person; previously registered means — (a) registered as a building practitioner; or (b) registered under the *Builders’ Registration Act 1939* 1 section 9A(1) or 10(1). [Regulation 16 amended: Gazette 31 Jan 2012 p. 592‑5; 18 Dec 2012 p. 6586; SL 2021/213 r. 5.] ##### 17. Conduct of examinations For the purpose of assessing a person’s knowledge and skills in relation to building work the Board may conduct such examinations as the Board considers appropriate. [Regulation 17 amended: Gazette 31 Jan 2012 p. 595.] ##### 18. Financial requirements: building contractors (1) For the purposes of section 18(1)(b) the financial requirements prescribed for registration as a building contractor are that the applicant must have the capacity to meet debts as and when they fall due. (2) For the purpose of assessing whether an applicant has the capacity to meet debts as and when they fall due the Board may have regard to the following — (a) the net assets of the applicant; (b) liquid funds available to the applicant; (c) loan or overdraft facilities available to the applicant; (d) the applicant’s equity in property or non‑current assets that a loan facility may be raised against; (e) the proposed scale of operation of the applicant; (f) any other consideration relevant to the applicant’s financial capacity. ##### 19. Prescribed requirements: building contractors (1) For the purposes of section 18(1)(g) an applicant for registration as a building contractor (individual) must be an individual. (2) For the purposes of section 18(1)(g) an applicant for registration as a building contractor (partnership) must be a partnership. (3) For the purposes of section 18(1)(g) an applicant for registration as a building contractor (company) must be a corporation or an unincorporated body. ##### 20. Supervisor for building contractor: eligible person For the purposes of the definition of ***eligible person*** in section 21(1) building practitioner is prescribed as the class of building service practitioner for the following classes of building service contractor — (c) building contractor (company). ##### 21. Display of signs A building contractor who carries out builder work as a principal builder must ensure that there is attached to the site where the work is being carried out a sign that complies with the following requirements — (a) the sign must be located in a prominent position on the site and be able to be read by members of the public from outside the site; (i) the name and registration number of the building contractor; (ii) a contact telephone number for the building contractor; (iii) the name and registration number of the nominated supervisor for the building contractor. Penalty: a fine of $1 000. [Regulation 21 amended: Gazette 31 Jan 2012 p. 595; 31 Mar 2017 p. 1942.] ### Division 3 — Owner‑builders ##### 22. Terms used Class 10 building means a building that is a Class 10 building for the purposes of the Building Code; detached house means a building that is a Class 1a(i) building for the purposes of the Building Code; small commercial building means a one or 2 storey building with a floor area of less than 500 m2 that is not a detached house, a Class 10 building or a farm building. [Regulation 22 amended: SL 2023/64 r. 8.] ##### 23. Owner‑builder work For the purposes of the definition of ***owner‑builder work*** in section 38 the following kinds of buildings are prescribed — (a) a detached house; (b) a Class 10 building; (c) a small commercial building. ##### 24A. Prescribed interests in land For the purposes of the definition of ***owner*** in section 39(1) the following interests in land are prescribed — (a) a leasehold interest in land if the terms of the lease allow the lessee to undertake building work without the consent of each person whose name is registered as a proprietor of the land; (b) an interest as purchaser under a contract to purchase an estate in fee simple in the land. [Regulation 24A inserted: Gazette 31 Jan 2012 p. 596.] ##### 24. Evidence of knowledge of duties and responsibilities: owner‑builders For the purposes of section 43(3)(b) building practitioner is prescribed as a class of building service practitioner. ##### 25. Requirements for owner‑builder approval For the purposes of section 45(1) the following requirements are prescribed for the grant of an owner‑builder approval — (a) if the owner‑builder work relates to a detached house — the applicant intends to reside on the land on which the owner‑builder work is to be carried out when the work is completed; (b) if the owner‑builder work relates to a Class 10 building or a small commercial building — the applicant intends to occupy or use the land on which the owner‑builder work is to be carried out when the work is completed. [Regulation 25 amended: Gazette 31 Jan 2012 p. 596.] ##### 26. Conditions on owner‑builder approvals An owner‑builder approval is subject to the condition that, if any part of the owner‑builder work to which the approval relates must be carried out by a person registered under another written law, the owner‑builder must take all reasonable steps to ensure that the work is carried out by a person who is so registered. ##### 27. Display of signs approval number means the number assigned to an owner‑builder approval by the Building Commissioner. (2) An owner‑builder who carries out owner‑builder work must ensure that there is attached to the site where the work is being carried out a sign that complies with the following requirements — (a) the sign must be located in a prominent position on the site and be able to be read by members of the public from outside the site; (i) the name of the owner‑builder; (ii) a contact telephone number for the owner‑builder; (iii) the approval number for the owner‑builder approval granted in respect of the work. Penalty for this subregulation: a fine of $1 000. [Regulation 27 amended: Gazette 31 Jan 2012 p. 596; SL 2023/64 r. 9.] ## Part 2A — Building surveyors [Heading inserted: Gazette 12 Mar 2012 p. 992; amended: SL 2023/64 r. 10.] ##### 28A. Terms used building surveying contractor means — (a) a building surveying contractor level 1 (individual); or (b) a building surveying contractor level 1 (partnership); or (c) a building surveying contractor level 1 (company); or (d) a building surveying contractor level 2 (individual); or (e) a building surveying contractor level 2 (partnership); or (f) a building surveying contractor level 2 (company); building surveying work has the meaning given in the *Building Services (Complaint Resolution and Administration) Regulations 2011* regulation 4A; building surveying work level 1 means building surveying work in respect of any building or incidental structure; building surveying work level 2 means building surveying work in respect of — (a) a Class 1 or Class 10 building or incidental structure; or (b) a Class 2 to 9 building or incidental structure — (i) with a floor area up to 2 000 m2; and (ii) not more than 3 storeys in height. [Regulation 28A inserted: Gazette 12 Mar 2012 p. 992-3; amended: Gazette 8 Aug 2017 p. 4345.] ##### 28B. Prescribed titles: building surveying practitioners and building surveying contractors (1) The titles listed under each Part heading in the Table are prescribed for the purposes of section 4(1). | **Part 1 — General** | | Registered Building Surveyor | | **Part 2 — Building surveying practitioners level 1** | | Registered Building Surveying Practitioner Registered Building Surveying Practitioner Level 1 | | **Part 3 — Building surveying practitioners level 2** | | Registered Building Surveying Practitioner Level 2 | | **Part 4 — Building surveying practitioners technicians** | | Registered Building Surveying Practitioner Technician | | **Part 5 — Building surveying contractors level 1 and level 2 (individual)** | | Registered Building Surveying Contractor | | **Part 6 — Building surveying contractors level 1 and level 2 (partnership)** | | Registered Building Surveying Partnership Registered Building Surveying Contractor: Partnership Registered Building Surveying Contractor (Partnership) | | **Part 7 — Building surveying contractors level 1 and level 2 (company)** | | Registered Building Surveying Company Registered Building Surveying Contractor: Company Registered Building Surveying Contractor (Company) | (2) A building surveying practitioner level 1 is entitled to use a title prescribed in Parts 1 and 2 of the Table. (3) A building surveying practitioner level 2 is entitled to use a title prescribed in Parts 1 and 3 of the Table. (4) A building surveying practitioner technician is entitled to use a title prescribed in Parts 1 and 4 of the Table. (5) A building surveying contractor level 1 (individual) or building surveying contractor level 2 (individual) is entitled to use a title prescribed in Parts 1 and 5 of the Table. (6) A building surveying contractor level 1 (partnership) or building surveying contractor level 2 (partnership) is entitled to use a title prescribed in Part 6 of the Table. (7) A building surveying contractor level 1 (company) or building surveying contractor level 2 (company) is entitled to use a title prescribed in Part 7 of the Table. [Regulation 28B inserted: Gazette 12 Mar 2012 p. 993-5.] ##### 28C. Building surveying contractors: building services prescribed (1) For the purposes of section 11(a), building surveying work level 1 as the person issuing a compliance certificate is prescribed as a building service that the following classes of building service contractors are entitled to carry out — (a) building surveying contractor level 1 (individual); (b) building surveying contractor level 1 (partnership); (c) building surveying contractor level 1 (company). (2) For the purposes of section 11(a), building surveying work level 2 as the person issuing a compliance certificate is prescribed as a building service that the following classes of building service contractors are entitled to carry out — (a) building surveying contractor level 2 (individual); (b) building surveying contractor level 2 (partnership); (c) building surveying contractor level 2 (company). [Regulation 28C inserted: Gazette 12 Mar 2012 p. 1009.] ##### 28D. Qualifications and experience: building surveying practitioners (1) For the purposes of section 17(1)(b) — (a) a qualification listed in set 1 in the Table, together with the experience listed in set 1, are prescribed as qualifications and experience for a building surveying practitioner level 1; and (b) a qualification listed in set 2, set 3 or set 4 in the Table, together with the experience (if any) listed in the same set, are prescribed as qualifications and experience for — (i) the renewal of the registration of a building surveying practitioner level 1; and (ii) the registration of a building surveying practitioner level 1 until 30 June 2013; and (iii) the registration of a building surveying practitioner level 1 who is an eligible person. | Set 1 | Bachelor of Building Surveying and Certification granted by the Central Queensland University; or an equivalent qualification as determined by the Board | experience in building surveying work for periods totalling at least the equivalent of 3 years full‑time | | Set 2 | Building Surveyors Certificate of Qualification issued under the *Local Government (Qualifications of Municipal Officers) Regulations 1984* 2 regulation 12(1) or (2) | periods totalling at least the equivalent of 5 years full‑time unrestricted experience as a building surveyor including at least the equivalent of 4 years full‑time experience with a local government in Western Australia in the period since 1 July 1998 | | Set 3 | CPC60108 Advanced Diploma of Building Surveying as described on the National Register | periods totalling at least the equivalent of 5 years full‑time unrestricted experience as a building surveyor including at least the equivalent of 4 years full‑time experience with a local government in Western Australia in the period since 1 July 1998 | | Set 4 | Building Surveyor Level 1 certificate granted under the *Local Government (Building Surveyors) Regulations 2008* 3 regulation 21 | | (2A) In subregulation (1) — (a) who was registered as a building surveying practitioner level 1 at any time in the period of 3 years ending on the day on which an application for registration as a building surveying practitioner level 1 is made; and (2) For the purposes of section 17(1)(b) — (a) a qualification listed in set 1 in the Table, together with the experience listed in set 1, are prescribed as qualifications and experience for a building surveying practitioner level 2; and (b) a qualification (if any) listed in set 2, set 3 or set 4 in the Table, together with the experience (if any) listed in the same set, are prescribed as qualifications and experience for — (i) the renewal of the registration of a building surveying practitioner level 2; and (ii) the registration of a building surveying practitioner level 2 until 30 June 2013; and (iii) the registration of a building surveying practitioner level 2 who is an eligible person. | Set 1 | (a) CPC60121 Advanced Diploma of Building Surveying as described on the National Register; or (b) CPC60115 Advanced Diploma of Building Surveying as described on the National Register; or (c) CPC60108 Advanced Diploma of Building Surveying as described on the National Register; or (d) an equivalent qualification as determined by the Board | experience in building surveying work for periods totalling at least the equivalent of 2 years full‑time | | Set 2 | CPC50108 Diploma of Building Surveying as described on the National Register | periods totalling at least the equivalent of 4 years full‑time unrestricted experience as a building surveyor for a local government in Western Australia in the period since 1 July 1998 | | Set 3 | | periods totalling at least the equivalent of 6 years full‑time unrestricted experience as a building surveyor including at least the equivalent of 4 years full‑time experience with a local government in Western Australia in the period since 1 July 1998 | | Set 4 | Building Surveyor Level 2 certificate granted under the *Local Government (Building Surveyors) Regulations 2008* 3 regulation 21 | | (3A) In subregulation (2) — (a) who was registered as a building surveying practitioner level 2 at any time in the period of 3 years ending on the day on which an application for registration as a building surveying practitioner level 2 is made; and (3) For the purposes of section 17(1)(b), a qualification listed in set 1 in the Table or the experience listed in set 2, are prescribed as qualifications and experience for a building surveying practitioner technician. | Set 1 | (a) CPCSS00005 Provide building surveying services for residential buildings up to three storeys as described on the National Register; or (b) CPCSS00004 Provide building surveying services for residential buildings up to three storeys as described on the National Register; or (c) CPC50108 Diploma of Building Surveying as described on the National Register; or (d) an equivalent qualification as determined by the Board | | | Set 2 | | 12 months full‑time experience as a building surveyor for a local government in Western Australia in the period between 1 July 2007 and 30 June 2008 | [Regulation 28D inserted: Gazette 12 Mar 2012 p. 995-9; amended: Gazette 6 Nov 2012 p. 5294; 18 Dec 2012 p. 6586‑9; 22 Jan 2013 p. 211; 19 Dec 2014 p. 4842; SL 2021/213 r. 6.] ##### 28E. Financial requirements: building surveying contractors (1) For the purposes of section 18(1)(b) the following financial requirements are prescribed for registration as a building surveying contractor level 1 (individual) or a building surveying contractor level 2 (individual) — (b) if the applicant has previously been an insolvent, the applicant must have the capacity to meet debts as and when they fall due. (2) For the purposes of section 18(1)(b) the following financial requirements are prescribed for registration as a building surveying contractor level 1 (partnership) or a building surveying contractor level 2 (partnership) — (b) if a partner of the partnership has previously been an insolvent, the partnership must have the capacity to meet debts as and when they fall due. (3) For the purposes of section 18(1)(b) the following financial requirements are prescribed for registration as a building surveying contractor level 1 (company) or a building surveying contractor level 2 (company) — (b) if the applicant or an officer has previously been an insolvent, the applicant must have the capacity to meet debts as and when they fall due. [Regulation 28E inserted: Gazette 12 Mar 2012 p. 999-1000.] ##### 28F. Insurance requirements: building surveying contractors For the purposes of section 18(1)(c), the insurance requirements for registration as a building surveying contractor are — (a) the applicant must have professional indemnity insurance appropriate to manage the risk associated with the work the applicant is likely to carry out, taking into account all of the following — (i) the nature of, and risks associated with, the work likely to be carried out by the applicant; (ii) the size and volume of the work likely to be carried out by the applicant; (iii) the employment or engagement by the applicant of a building surveying practitioner and the length of time the building surveying practitioner has been registered under section 17; (iv) a reasonable estimate of the quantum of civil claims that might be brought against the applicant given the matters described in subparagraphs (i) to (iii); (v) the financial capacity of the applicant; (vi) the terms of the policy; or (b) the applicant must demonstrate that the applicant — (i) is a member of a professional standards scheme operated by a professional body; and (ii) satisfies the insurance requirements imposed by the body in accordance with the professional standards scheme. [Regulation 28F inserted: SL 2023/64 r. 11.] ##### 28G. Prescribed requirements: building surveying contractors (1) For the purposes of section 18(1)(g) an applicant for registration as a building surveying contractor level 1 (individual) or a building surveying contractor level 2 (individual) must be an individual. (2) For the purposes of section 18(1)(g) an applicant for registration as a building surveying contractor level 1 (partnership) or a building surveying contractor level 2 (partnership) must be a partnership. (3) For the purposes of section 18(1)(g) an applicant for registration as a building surveying contractor level 1 (company) or a building surveying contractor level 2 (company) must be a corporation or an unincorporated body. [Regulation 28G inserted: Gazette 12 Mar 2012 p. 1001.] ##### 28H. Supervisor for building surveying contractors: eligible person (1) For the purposes of the definition of ***eligible person*** in section 21(1), building surveying practitioner level 1 is prescribed as the class of building service practitioner for the following classes of building service contractor — (a) building surveying contractor level 1 (individual); (b) building surveying contractor level 1 (partnership); (c) building surveying contractor level 1 (company). (2) For the purposes of the definition of ***eligible person*** in section 21(1), building surveying practitioner level 1 and building surveying practitioner level 2 are prescribed as classes of building service practitioner for the following classes of building service contractor — (a) building surveying contractor level 2 (individual); (b) building surveying contractor level 2 (partnership); (c) building surveying contractor level 2 (company). [Regulation 28H inserted: Gazette 12 Mar 2012 p. 1001-2.] ##### 28I. Condition on registration: building surveying contractor The registration of a building surveying contractor is subject to the condition that the work of any building surveying practitioner technician employed or engaged by the contractor must be supervised by a building surveying practitioner level 1 or a building surveying practitioner level 2. [Regulation 28I inserted: Gazette 12 Mar 2012 p. 1010.] ## Part 2B — Building engineers [Heading inserted: SL 2023/64 r. 13.] ##### 28J. Terms used building engineering contractor means any of the following — (a) a building engineering contractor — professional (individual); (b) a building engineering contractor — professional (partnership); (c) a building engineering contractor — professional (company); (d) a building engineering contractor — technologist (individual); (e) a building engineering contractor — technologist (partnership); (f) a building engineering contractor — technologist (company); (g) a building engineering contractor — associate (individual); (h) a building engineering contractor — associate (partnership); (i) a building engineering contractor — associate (company); (j) a building engineering contractor, fire systems — technologist (individual); (k) a building engineering contractor, fire systems — technologist (partnership); (l) a building engineering contractor, fire systems — technologist (company); (m) a building engineering contractor, fire systems — associate (individual); (n) a building engineering contractor, fire systems — associate (partnership); (o) a building engineering contractor, fire systems — associate (company); building engineering practitioner means any of the following — (a) a building engineering practitioner, structural — professional; (b) a building engineering practitioner, structural — technologist; (c) a building engineering practitioner, structural — associate; (d) a building engineering practitioner, fire safety — professional; (e) a building engineering practitioner, fire systems — technologist; (f) a building engineering practitioner, fire systems — associate; (g) a building engineering practitioner, civil — professional; (h) a building engineering practitioner, civil — technologist; (i) a building engineering practitioner, civil — associate; (j) a building engineering practitioner, mechanical — professional; (k) a building engineering practitioner, mechanical — technologist; (l) a building engineering practitioner, mechanical — associate. [Regulation 28J inserted: SL 2023/64 r. 13; amended: SL 2023/64 r. 20.] ##### 28K. Prescribed titles: building engineering practitioners and building engineering contractors (1) The titles listed under each Part heading in the Table are prescribed for the purposes of section 4(1). | **Part 1 — Building engineering practitioners** | | Registered Building Engineer Registered Building Engineering Practitioner: Structural (Professional) Registered Building Engineering Practitioner: Structural (Technologist) Registered Building Engineering Practitioner: Structural (Associate) Registered Building Engineering Practitioner: Fire Safety (Professional) Registered Building Engineering Practitioner: Fire Systems (Technologist) Registered Building Engineering Practitioner: Fire Systems (Associate) Registered Building Engineering Practitioner: Civil (Professional) Registered Building Engineering Practitioner: Civil (Technologist) Registered Building Engineering Practitioner: Civil (Associate) Registered Building Engineering Practitioner: Mechanical (Professional) Registered Building Engineering Practitioner: Mechanical (Technologist) Registered Building Engineering Practitioner: Mechanical (Associate) | | **Part 2 — Building engineering contractors** | | Registered Building Engineering Contractor Registered Building Engineering Contractor: Professional (Individual) Registered Building Engineering Contractor: Professional (Partnership) Registered Building Engineering Contractor: Professional (Company) Registered Building Engineering Contractor: Technologist (Individual) Registered Building Engineering Contractor: Technologist (Partnership) Registered Building Engineering Contractor: Technologist (Company) Registered Building Engineering Contractor: Associate (Individual) Registered Building Engineering Contractor: Associate (Partnership) Registered Building Engineering Contractor: Associate (Company) Registered Building Engineering Contractor, Fire Systems: Technologist (Individual) Registered Building Engineering Contractor, Fire Systems: Technologist (Partnership) Registered Building Engineering Contractor, Fire Systems: Technologist (Company) Registered Building Engineering Contractor, Fire Systems: Associate (Individual) Registered Building Engineering Contractor, Fire Systems: Associate (Partnership) Registered Building Engineering Contractor, Fire Systems: Associate (Company) | (2) A building engineering practitioner is entitled to use a title prescribed in Part 1 of the Table to subregulation (1). (3) A building engineering contractor is entitled to use a title prescribed in Part 2 of the Table to subregulation (1). [Regulation 28K inserted: SL 2023/64 r. 13; amended: SL 2023/64 r. 21.] ##### 28L. Building engineering contractors: building services prescribed low‑rise building means a building that, under the Building Code, is — (a) a Class 1 or 10 building; or (b) a Class 2 to 9 building with a gross floor area of not more than 2 000 m2, except a building of Type A or Type B construction; medium‑rise building means a building that, under the Building Code, is — (a) a Class 2, 3 or 9 building not referred to in paragraph (b) of the definition of ***low‑rise building*** to a maximum of 3 storeys above a Class 7a storey; or (b) a Class 4 to 8 building not referred to in paragraph (b) of the definition of ***low‑rise building*** to a maximum of 3 storeys above a Class 7a storey, except a building of Type A construction; professional engineering work has the meaning given in the *Building Services (Complaint Resolution and Administration) Regulations 2011* regulation 4B(1); technical engineering work has the meaning given in the *Building Services (Complaint Resolution and Administration) Regulations 2011* regulation 4B(1). (2) For the purposes of section 11(a) — (a) building engineering work comprising professional engineering work or technical engineering work is prescribed for the following — (i) a building engineering contractor — professional (individual); (ii) a building engineering contractor — professional (partnership); (iii) a building engineering contractor — professional (company); and (b) building engineering work comprising technical engineering work is prescribed for the following — (i) a building engineering contractor, fire systems — technologist (individual); (ii) a building engineering contractor, fire systems — technologist (partnership); (iii) a building engineering contractor, fire systems — technologist (company); and (c) building engineering work comprising technical engineering work for a low‑rise building or medium‑rise building, or incidental structure, is prescribed for the following — (i) a building engineering contractor — technologist (individual); (ii) a building engineering contractor — technologist (partnership); (iii) a building engineering contractor — technologist (company); (iv) a building engineering contractor, fire systems — associate (individual); (v) a building engineering contractor, fire systems — associate (partnership); (vi) a building engineering contractor, fire systems — associate (company); and (d) building engineering work comprising technical engineering work for a low‑rise building or incidental structure is prescribed for the following — (i) a building engineering contractor — associate (individual); (ii) a building engineering contractor — associate (partnership); (iii) a building engineering contractor — associate (company). [Regulation 28L inserted: SL 2023/64 r. 13; amended: SL 2024/255 r. 8.] ##### 28M. Qualifications and experience: building engineering practitioners (a) who was previously registered at any time in the period of 3 years ending on the day on which an application for registration as a building engineering practitioner is made; and (b) whose registration expired or was suspended or cancelled at the request of the person; prescribed fire system means any of the following — (a) a hydraulic fire safety system, including the following — (i) a fire hydrant system; (ii) a fire hose reel system; (iii) a fire sprinkler system (whether a wall wetting sprinkler, drencher system or other system); (iv) any type of automatic fire suppression system of a hydraulic nature; (b) a fire detection and alarm system; (c) a mechanical ducted smoke control system; previously registered means previously registered as a building engineering practitioner; relevant, in relation to experience in building engineering or the building engineering industry, has the meaning given in subregulation (5). (2) For the purposes of section 17(1)(b), a qualification (if any) listed in the Table, together with the experience listed opposite the qualification, are prescribed as qualifications and experience for building engineering practitioners. | **Qualifications** | **Experience** | | --- | --- | | **1. Building engineering practitioner, structural — professional** | | | Bachelor or Master of civil or structural engineering accredited to the Washington Accord and published by Engineers Australia’s Australian Engineering Accreditation Centre | 5 years of full‑time relevant building engineering experience (at least 4 years being post‑graduate) in the past 10 years | | **2. Building engineering practitioner, structural — technologist** | | | Bachelor of engineering technology, science or design in the structural discipline accredited to the Sydney Accord and published by Engineers Australia’s Australian Engineering Accreditation Centre | 5 years of full‑time relevant building engineering experience (at least 4 years being post‑graduate) in the past 10 years | | **3. Building engineering practitioner, structural — associate** | | | Advanced Diploma or Associate Degree in structural design or drafting accredited to the Dublin Accord and published by Engineers Australia’s Australian Engineering Accreditation Centre | 5 years of full‑time relevant building engineering experience (at least 4 years being post‑graduate) in the past 10 years | | **4. Building engineering practitioner, fire safety — professional** | | | Bachelor or Master in a relevant field of engineering accredited to the Washington Accord and published by Engineers Australia’s Australian Engineering Accreditation Centre and, if the degree is not in fire engineering, a Graduate Diploma in fire engineering or a Master of fire engineering | 5 years of full‑time relevant building engineering experience (at least 4 years being post‑graduate) in the past 10 years | | **5. Building engineering practitioner, fire systems — technologist** | | | Diploma in fire systems design with units relevant to 1 or more prescribed fire systems | 5 years of full‑time relevant building engineering experience in the past 10 years | | **6. Building engineering practitioner, fire systems — associate** | | | Diploma in fire systems design with units relevant to 1 or more prescribed fire systems | 3 years of full‑time relevant building engineering experience in the past 6 years | | **7. Building engineering practitioner, civil — professional** | | | Bachelor or Master of civil engineering accredited to the Washington Accord and published by Engineers Australia’s Australian Engineering Accreditation Centre | 5 years of full‑time relevant building engineering experience (at least 4 years being post‑graduate) in the past 10 years | | **8. Building engineering practitioner, civil — technologist** | | | Bachelor of engineering technology, science or design in the civil discipline accredited to the Sydney Accord and published by Engineers Australia’s Australian Engineering Accreditation Centre | 5 years of full‑time relevant building engineering experience (at least 4 years being post‑graduate) in the past 10 years | | **9. Building engineering practitioner, civil — associate** | | | Advanced Diploma or Associate Degree in civil design, construction or drafting accredited to the Dublin Accord and published by Engineers Australia’s Australian Engineering Accreditation Centre | 5 years of full‑time relevant building engineering experience (at least 4 years being post‑graduate) in the past 10 years | | **10. Building engineering practitioner, mechanical — professional** | | | Bachelor or Master of mechanical engineering accredited to the Washington Accord and published by Engineers Australia’s Australian Engineering Accreditation Centre | 5 years of full‑time relevant building engineering experience (at least 4 years being post‑graduate) in the past 10 years | | **11. Building engineering practitioner, mechanical — technologist** | | | Bachelor of engineering technology, science or design in the mechanical discipline accredited to the Sydney Accord and published by Engineers Australia’s Australian Engineering Accreditation Centre | 5 years of full‑time relevant building engineering experience (at least 4 years being post‑graduate) in the past 10 years | | **12. Building engineering practitioner, mechanical — associate** | | | Advanced Diploma or Associate Degree in mechanical design or drafting accredited to the Dublin Accord and published by Engineers Australia’s Australian Engineering Accreditation Centre | 5 years of full‑time relevant building engineering experience (at least 4 years being post‑graduate) in the past 10 years | (3) For the purposes of section 17(1)(b), the qualifications and experience for the renewal of the registration of a building engineering practitioner are the qualifications (if any) and the experience that entitled the person to be registered as evidenced by the registration. (4) For the purposes of section 17(1)(b), the qualifications and experience for registration as a building engineering practitioner for an eligible person are the qualifications (if any) and the experience that entitled the eligible person to be previously registered as evidenced by the registration. (5) For the purposes of section 17(1)(d), reference in the Table to subregulation (2) to relevant experience in building engineering or the building engineering industry is a reference to experience demonstrating, at a level appropriate to the qualification, competency in each of the following — (a) engineering knowledge relevant to the applicant’s area of practice, including a knowledge of any relevant standards and practices; (b) the practice of building engineering; (c) the development of safe and sustainable solutions to engineering problems or issues; (d) the identification, assessment and management of risks; (e) the handling of ethical issues. (6) For the purposes of section 17(1)(d), an application for registration as a building engineering practitioner must include certification from an assessment entity approved by the Building Commissioner that the applicant’s qualifications and experience, considered together, are equivalent to, or exceed, the requirements in the Table to subregulation (2). [Regulation 28M inserted: SL 2023/64 r. 13; amended: SL 2023/64 r. 22.] ##### 28N. Financial requirements: building engineering contractors building engineering contractor (company) means — (a) a building engineering contractor — professional (company); (b) a building engineering contractor — technologist (company); (c) a building engineering contractor — associate (company); (d) a building engineering contractor, fire systems — technologist (company); (e) a building engineering contractor, fire systems — associate (company); building engineering contractor (individual) means — (a) a building engineering contractor — professional (individual); (b) a building engineering contractor — technologist (individual); (c) a building engineering contractor — associate (individual); (d) a building engineering contractor, fire systems — technologist (individual); (e) a building engineering contractor, fire systems — associate (individual); building engineering contractor (partnership) means — (a) a building engineering contractor — professional (partnership); (b) a building engineering contractor — technologist (partnership); (c) a building engineering contractor — associate (partnership); (d) a building engineering contractor, fire systems — technologist (partnership); (e) a building engineering contractor, fire systems — associate (partnership). (2) For the purposes of section 18(1)(b), the following financial requirements are prescribed for registration as a building engineering contractor (individual) — (b) if the applicant has previously been an insolvent, the applicant must have the capacity to meet debts as and when they fall due. (3) For the purposes of section 18(1)(b), the following financial requirements are prescribed for registration as a building engineering contractor (partnership) — (b) if a partner of the partnership has previously been an insolvent, the partnership must have the capacity to meet debts as and when they fall due. (4) For the purposes of section 18(1)(b), the following financial requirements are prescribed for registration as a building engineering contractor (company) — (b) if the applicant or an officer of the applicant has previously been an insolvent, the applicant must have the capacity to meet debts as and when they fall due. [Regulation 28N inserted: SL 2023/64 r. 13.] ##### 28O. Insurance requirements: building engineering contractors For the purposes of section 18(1)(c), the insurance requirements for registration as a building engineering contractor are — (a) the applicant must have professional indemnity insurance appropriate to manage the risk associated with the work the applicant is likely to carry out, taking into account all of the following — (i) the nature of, and risks associated with, the work likely to be carried out by the applicant; (ii) the size and volume of the work likely to be carried out by the applicant; (iii) the employment or engagement by the applicant of a building engineering practitioner and the length of time the building engineering practitioner has been registered under section 17; (iv) a reasonable estimate of the quantum of civil claims that might be brought against the applicant given the matters described in subparagraphs (i) to (iii); (v) the financial capacity of the applicant; (vi) the terms of the policy; or (b) the applicant must demonstrate that the applicant — (i) is a member of a professional standards scheme operated by a professional body; and (ii) satisfies the insurance requirements imposed by the body in accordance with the professional standards scheme. [Regulation 28O inserted: SL 2023/64 r. 13.] ##### 28P. Prescribed requirements: building engineering practitioner approved continuing professional development means continuing professional development approved by the Building Commissioner and published on the Department’s website. (2) For the purposes of section 17(1)(d) — (a) an applicant for renewal of registration as a building engineering practitioner, fire systems — technologist must have completed 60 hours of approved continuing professional development in the period of 3 years ending on the day on which the application is made; and (b) an applicant for renewal of registration as a building engineering practitioner, fire systems — associate must have completed 50 hours of approved continuing professional development in the period of 3 years ending on the day on which the application is made; and (c) an applicant for renewal of registration as any other building engineering practitioner must have completed 150 hours of approved continuing professional development in the period of 3 years ending on the day on which the application is made. (3) The applicant is taken to satisfy the requirement in subregulation (2) if the applicant can evidence continuing membership of an industry association or professional standards scheme approved by the Building Commissioner. [Regulation 28P inserted: SL 2023/64 r. 13; amended: SL 2023/164 r. 4.] ##### 28Q. Supervisor for building engineering contractors: eligible person building engineering practitioner — associate means any of the following — (a) a building engineering practitioner, structural — associate; (b) a building engineering practitioner, fire systems — associate; (c) a building engineering practitioner, civil — associate; (d) a building engineering practitioner, mechanical — associate; building engineering practitioner — professional means any of the following — (a) a building engineering practitioner, structural — professional; (b) a building engineering practitioner, fire safety — professional; (c) a building engineering practitioner, civil — professional; (d) a building engineering practitioner, mechanical — professional; building engineering practitioner — technologist means any of the following — (a) a building engineering practitioner, structural — technologist; (b) a building engineering practitioner, fire systems — technologist; (c) a building engineering practitioner, civil — technologist; (d) a building engineering practitioner, mechanical — technologist. (2) For the purposes of the definition of ***eligible person*** in section 21(1), building engineering practitioner — professional is prescribed as the class of building service practitioner for the following classes of building service contractor — (a) building engineering contractor — professional (individual); (b) building engineering contractor — professional (partnership); (c) building engineering contractor — professional (company). (3) For the purposes of the definition of ***eligible person*** in section 21(1), building engineering practitioner — professional and building engineering practitioner — technologist are prescribed as classes of building service practitioner for the following classes of building service contractor — (a) building engineering contractor — technologist (individual); (b) building engineering contractor — technologist (partnership); (c) building engineering contractor — technologist (company). (4) For the purposes of the definition of ***eligible person*** in section 21(1), building engineering practitioner — professional, building engineering practitioner — technologist and building engineering practitioner — associate are prescribed as classes of building service practitioner for the following classes of building service contractor — (a) building engineering contractor — associate (individual); (b) building engineering contractor — associate (partnership); (c) building engineering contractor — associate (company). (5) For the purposes of the definition of ***eligible person*** in section 21(1), building engineering practitioner, fire systems — technologist is prescribed as the class of building service practitioner for the following classes of building service contractor — (a) building engineering contractor, fire systems — technologist (individual); (b) building engineering contractor, fire systems — technologist (partnership); (c) building engineering contractor, fire systems — technologist (company). (6) For the purposes of the definition of ***eligible person*** in section 21(1), building engineering practitioner, fire systems — technologist and building engineering practitioner, fire systems — associate are prescribed as classes of building service practitioner for the following classes of building service contractor — (a) building engineering contractor, fire systems — associate (individual); (b) building engineering contractor, fire systems — associate (partnership); (c) building engineering contractor, fire systems — associate (company). [Regulation 28Q inserted: SL 2023/64 r. 13; amended: SL 2023/64 r. 23.] ## Part 3 — Painters ##### 28. Terms used (1) In this Part — painter work means painting work — (a) carried out for payment or reward; and (b) with a value $1 000 or more based on the value of the work estimated under Schedule 2; and (c) carried out in an area of the State set out in Schedule 4; painting contractor means — (a) a painting contractor (individual); or (b) a painting contractor (partnership); or (c) a painting contractor (company); painting work has the meaning given in the *Building Services (Complaint Resolution and Administration) Regulations 2011* regulation 4. (2) The value of painting work to be carried out under different contracts is to be added together for the purposes of calculating the value of painting work if — (a) the person contracting to carry out the painting work is the same for each of the contracts; and (b) the different contracts are entered into to carry out painting work in respect of the same building or fixture or in respect of the same part or a number of different parts of the same building or fixture; and (c) the aggregate of the painting work contracted to be done under the contracts substantially is a single undertaking in respect of the building or fixture. (3) If materials used in painting are provided or supplied at the cost of a person other than the person carrying out the painting the value of the materials is to be added to the value of the contract to carry out the work for the purposes of calculating the value of the painting work. ##### 29. Prescribed titles: painting practitioners and painting contractors (1) The titles listed in the Table are prescribed for the purposes of section 4(1). | **Part 1 — Painting practitioners** | | Registered Painter: Practitioner Registered Painting Practitioner Registered Painting Services Practitioner | | **Part 2 — Painting contractor (individual)** | | Registered Painter Registered Painter: Contractor Registered Painting Contractor Registered Painting Services Contractor | | **Part 3 — Painting contractor (partnership)** | | Registered Painting Partnership Registered Painting Contractor: Partnership Registered Painting Contractor (Partnership) Registered Painting Services Contractor (Partnership) | | **Part 4 — Painting contractor (company)** | | Registered Painting Company Registered Painting Contractor: Company Registered Painting Contractor (Company) Registered Painting Services Contractor (Company) | (2) A painting practitioner is entitled to use a title prescribed in Part 1 of the Table. (3) A painting contractor (individual) is entitled to use a title prescribed in Part 2 of the Table. (4) A painting contractor (partnership) is entitled to use a title prescribed in Part 3 of the Table. (5) A painting contractor (company) is entitled to use a title prescribed in Part 4 of the Table. ##### 30. Painting contractors: building services prescribed For the purposes of section 11(a), painter work is prescribed as a building service that the following classes of building service contractors are entitled to carry out — (a) painting contractor (individual); (b) painting contractor (partnership); (c) painting contractor (company). ##### 31. Qualifications and experience: painting practitioners (1) For the purposes of section 17(1)(b) a qualification (if any) listed in a set in the Table, together with the experience (if any) listed in the same set, are prescribed as qualifications and experience for painting practitioners. | Set 1 | (a) CPC30620 Certificate III in Painting and Decorating as described on the National Register including the units in small business management and estimating and specification that are provided as part of the qualification referred to in paragraph (a)(i) of set 2; or (b) an equivalent qualification as determined by the Board | (a) experience in carrying out painting work gained in the course of the completion of an apprenticeship in painting; or (b) experience in carrying out painting work for periods totalling at least the equivalent of 4 years full‑time covering a significant range of painting techniques | | Set 2 | (a) either — (i) 52921WA Course in Painters Registration being an approved VET course as defined in the *Vocational Education and Training Act 1996* section 5(1); or | experience in carrying out painting work for periods totalling at least the equivalent of 5 years full‑time covering a significant range of painting techniques | | | (ii) an equivalent qualification as determined by the Board; and | | | | (b) successful completion of a practical trades test, as determined by the Board, conducted by a person authorised under the *Vocational Education and Training Act 1996* to provide 52921WA Course in Painters Registration | | (2) For the purposes of section 17(1)(b) the qualifications and experience for the renewal of the registration of a painting practitioner are the qualifications (if any) and the experience that entitled the person to be registered as evidenced by such registration. (3) For the purposes of section 17(1)(b) the qualifications and experience for registration as a painting practitioner for an eligible person are the qualifications (if any) and the experience that entitled the eligible person to be previously registered as evidenced by such registration. (4) In subregulation (3) — (a) who was previously registered as a painting practitioner at any time in the period of 3 years ending on the day on which an application for registration as a painting practitioner is made; and [Regulation 31 amended: Gazette 31 Jan 2012 p. 596‑9; 18 Dec 2012 p. 6589; 5 Jan 2018 p. 5‑6; SL 2021/213 r. 7; SL 2023/164 r. 5; SL 2025/144 r. 4.] [**32.** Deleted: SL 2024/96 r. 8.] ##### 33. Financial requirements: painting contractors (1) For the purposes of section 18(1)(b) the following financial requirements are prescribed for registration as a painting contractor (individual) — (b) if the applicant has previously been an insolvent, the applicant must have the capacity to meet debts as and when they fall due. (2) For the purposes of section 18(1)(b) the following financial requirements are prescribed for registration as a painting contractor (partnership) — (b) if a partner of the partnership has previously been an insolvent, the partnership must have the capacity to meet debts as and when they fall due. (3) For the purposes of section 18(1)(b) the following financial requirements are prescribed for registration as a painting contractor (company) — (b) if the applicant or an officer has previously been an insolvent, the applicant must have the capacity to meet debts as and when they fall due. ##### 34. Prescribed requirements: painting contractors (1) For the purposes of section 18(1)(g) an applicant for registration as a painting contractor (individual) must be an individual. (2) For the purposes of section 18(1)(g) an applicant for registration as a painting contractor (partnership) must be a partnership. (3) For the purposes of section 18(1)(g) an applicant for registration as a painting contractor (company) must be a corporation or an unincorporated body. ##### 35. Supervisor for painting contractor: eligible person For the purposes of the definition of ***eligible person*** in section 21(1) painting practitioner is prescribed as the class of building service practitioner for the following classes of building service contractor — (a) painting contractor (individual); (b) painting contractor (partnership); (c) painting contractor (company). ##### 36. Display of signs A painting contractor who carries out painter work must ensure that there is attached to the site where the work is being carried out a sign that complies with the following requirements — (a) the sign must be located in a prominent position on the site and be able to be read by members of the public from outside the site; (i) the name and registration number of the painting contractor; (ii) a contact telephone number for the painting contractor; (iii) the name and registration number of the nominated supervisor for the painting contractor. Penalty: a fine of $500. [Regulation 36 amended: Gazette 31 Jan 2012 p. 599.] ## Part 3B — Infringement notices [Heading inserted: Gazette 26 Apr 2019 p. 1215.] ##### 36A. Prescribed offences and modified penalties (1) The offences specified in Schedule 5 are offences for which an infringement notice may be issued under the *Criminal Procedure Act 2004* Part 2. (2) The modified penalty specified opposite an offence in Schedule 5 is the modified penalty for that offence for the purposes of the *Criminal Procedure Act 2004* section 5(3). [Regulation 36A inserted: Gazette 26 Apr 2019 p. 1215.] ##### 36B. Authorised officers and approved officers (1) The Building Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the *Criminal Procedure Act 2004* Part 2. (2) The Building Commissioner must issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices. [Regulation 36B inserted: Gazette 26 Apr 2019 p. 1215-16.] ##### 36C. Forms For the purposes of the *Criminal Procedure Act 2004* Part 2 — (a) Schedule 6 Form 1 is the prescribed form for an infringement notice; and (b) Schedule 6 Form 2 is the prescribed form for the withdrawal of an infringement notice. [Regulation 36C inserted: Gazette 26 Apr 2019 p. 1216.] ## Part 4 — Transitional provisions ### Division 1 — *Builders’ Registration Act 1939* ##### 37. Terms used commencement day means the day on which section 107 comes into operation; former board means the Builders’ Registration Board of Western Australia constituted under section 5(1) of the repealed Act; former registrar means the registrar under the repealed Act; owner‑builder authorisation means authorisation given by the former board under section 4(1a) of the repealed Act; repealed Act means the *Builders’ Registration Act 1939* 1. ##### 38. Continuation of registration (Act s. 114) (1) For the purposes of section 114 — (a) a person registered under section 9A(1) or 10(1) of the repealed Act is to be taken to be registered as a building practitioner and a building contractor (individual); and (b) a partnership registered under section 10(2) of the repealed Act is to be taken to be registered as a building contractor (partnership); and (c) a company or other body corporate registered under section 10(2) of the repealed Act is to be taken to be registered as a building contractor (company). (2) The Building Commissioner may extend the period for which a person is to be taken under section 114 to be registered as a building practitioner or building contractor for a period of up to 3 months. ##### 39. Continuation of declaration of ineligible persons A declaration made under section 13(1ba)(a) of the repealed Act that is in force immediately before commencement day is to be taken to continue in effect as if it were an order made by the State Administrative Tribunal under section 60. ##### 40. Membership of Board — experience as builder For the purposes of section 67(2)(c) a person who has experience as a person registered under section 9A or 10 of the repealed Act is to be taken to be a person who has experience as a registered building service provider in a class listed in item 1 of the Table to regulation 8. ##### 41. Continuation of owner‑builder authorisation (1) A person who, before commencement day, had owner‑builder authorisation to construct a building is to be taken to have been granted an owner‑builder approval on commencement day to carry out building work for the building. (2) A person who is taken to have been granted an owner‑builder approval under this regulation — (a) is not required to comply with regulation 27(2)(c)(ii); and (b) is to be taken to have complied with regulation 27(2)(c)(iii) if the sign contains the number assigned to the owner‑builder authorisation by the former board. ##### 42. Building Commissioner may exercise powers The Building Commissioner may, on or after commencement day — (a) exercise any of the powers of the former board for the purposes of an investigation authorised to be made by the former board under the repealed Act; and (b) exercise any of the powers of the former registrar for the purposes of taking proceedings under the repealed Act. ### Division 2 — *Painters’ Registration Act 1961* ##### 43. Terms used commencement day means the day on which section 108 comes into operation; former board means the Painters’ Registration Board established under section 5 of the repealed Act; former registrar means the Registrar under the repealed Act; repealed Act means the *Painters’ Registration Act 1961* 4. ##### 44. Continuation of registration (Act s. 127) (1) For the purposes of section 127 — (a) a person registered under section 12(1) or (2) of the repealed Act is to be taken to be registered as a painting practitioner and a painting contractor (individual); and (b) a partnership registered under section 14(1) of the repealed Act is to be taken to be registered as a painting contractor (partnership); and (c) a company or other body corporate registered under section 14(1) of the repealed Act is to be taken to be registered as a painting contractor (company). (2) The Building Commissioner may extend the period for which a person is to be taken under section 127 to be registered as a painting practitioner or painting contractor for a period of up to 3 months. ##### 45. Membership of Board — experience as painter For the purposes of section 67(2)(c) a person who has experience as a person registered under section 12 of the repealed Act is to be taken to be a person who has experience as a registered building service provider in a class listed in item 2 of the Table to regulation 8. ##### 46. Building Commissioner may exercise powers The Building Commissioner may, on or after commencement day — (a) exercise any of the powers of the former board for the purposes of an investigation authorised to be made by the former board under the repealed Act; and (b) exercise any of the powers of the former registrar for the purposes of taking proceedings under the repealed Act. ### Division 3 — *Local Government (Building Surveyors) Regulations 2008* [Heading inserted: Gazette 12 Mar 2012 p. 1002.] ##### 47. Terms used 2008 regulations means the *Local Government (Building Surveyors) Regulations 2008* 3; repeal day means the day on which section 112 comes into operation 3. [Regulation 47 inserted: Gazette 12 Mar 2012 p. 1002.] ##### 48. Continuation of registration (1) For the purposes of section 139 — (a) a person who holds any of the following qualifications is to be taken to be registered as a building surveying practitioner level 1 — (i) a Building Surveyor Level 1 certificate granted under regulation 21 of the 2008 regulations; (ii) a Building Surveyors Certificate of Qualification issued by the Municipal Building Surveyors Qualifications Committee under the *Local Government (Qualifications of Municipal Officers) Regulations 1984* 2 regulation 12(1) or (2); and (b) a person who holds a Building Surveyor Level 2 certificate granted under regulation 21 of the 2008 regulations is to be taken to be registered as a building surveying practitioner level 2; and (c) a person who holds a Building Surveyor Technician certificate granted under regulation 21 of the 2008 regulations is to be taken to be registered as a building surveying practitioner technician. (2) The Building Commissioner may extend the period for which a person is to be taken under section 139 to be registered as a building surveying practitioner for a period of up to 5 months. [Regulation 48 inserted: Gazette 12 Mar 2012 p. 1002-3.] ##### 49. Nominated supervisors for contractors before repeal day Before repeal day — (a) a person who holds any of the following qualifications is to be taken to be registered as a building surveying practitioner level 1 for the purposes of regulation 28H(1) — (i) a Building Surveyor Level 1 certificate granted under regulation 21 of the 2008 regulations; (ii) a Building Surveyors Certificate of Qualification issued by the Municipal Building Surveyors Qualifications Committee under the *Local Government (Qualifications of Municipal Officers) Regulations 1984* 2 regulation 12(1) or (2); and (b) a person who holds a Building Surveyor Level 2 certificate granted under regulation 21 of the 2008 regulations is to be taken to be registered as a building surveying practitioner level 2 for the purposes of regulation 28H(1) and (2). [Regulation 49 inserted: Gazette 12 Mar 2012 p. 1003-4.] ##### 50. Cancellation of certificate (1) The Board may cancel a certificate of qualification issued under the 2008 regulations to a person who obtained the certificate by fraud or misrepresentation. (2) Section 64(2) applies to a decision of the Board to cancel a certificate of qualification under this regulation as if the decision was a reviewable decision as defined in section 64(1). (3) If the Board decides to cancel a person’s certificate of qualification the Board must give the person written notice of the decision, the reasons for the decision and the person’s right of review under section 64(2). [Regulation 50 inserted: Gazette 12 Mar 2012 p. 1004.] ##### 51. Membership of Board — experience as a building surveyor For the purposes of section 67(2)(c) a person referred to in regulation 49(a) or (b) is to be taken to be a person who has experience as a registered building service provider in a class listed in item 2A of the Table to regulation 8. [Regulation 51 inserted: Gazette 12 Mar 2012 p. 1004-5.] ### Division 4 — *Building Services (Registration) Amendment Regulations (No. 2) 2017* [Heading inserted: Gazette 5 Jan 2018 p. 6.] ##### 52. Painting practitioners: applications for registration made before 1 September 2018 Despite regulation 31(1), in relation to an application for registration as a painting practitioner made, but not determined, before 1 September 2018, a qualification (if any) listed in a set in the Table, together with the experience (if any) listed in the same set, are prescribed for the purposes of section 17(1)(b) as qualifications and experience for painting practitioners. | Set 1 | (a) CPC30611 Certificate III in Painting and Decorating as described in the CPC08: Construction, Plumbing and Services Training Package published by Training.gov.au including the units in small business management and estimating and specification that are provided as part of the qualification referred to in paragraph (a) of set 3; or (b) an equivalent qualification as determined by the Board | (a) experience in carrying out painting work gained in the course of the completion of an apprenticeship in painting; or (b) experience in carrying out painting work for periods totalling at least the equivalent of 4 years full‑time covering a significant range of painting techniques | | Set 2 | (a) CPC30611 Certificate III in Painting and Decorating as described in the CPC08: Construction, Plumbing and Services Training Package published by Training.gov.au; or | (a) experience in carrying out painting work for periods totalling at least the equivalent of 4 years full‑time covering a significant range of painting techniques; and | | | (b) an equivalent qualification as determined by the Board | (b) experience in small business management and estimating and specification sufficient to gain knowledge and skills equivalent to those possessed by a person who has successfully | | | | completed the units in those subjects provided as part of the qualification referred to in paragraph (a) of set 3 | | Set 3 | (a) 52784WA Course in Painters Registration being an approved VET course as defined in the *Vocational Education and Training Act 1996* section 5(1); or (b) an equivalent qualification as determined by the Board | experience in carrying out painting work for periods totalling at least the equivalent of 5 years full‑time covering a significant range of painting techniques | | Set 4 | | experience in carrying out painting work — (a) covering a significant range of painting techniques for periods totalling at least the equivalent of 5 years full‑time; and (b) sufficient to gain knowledge and skills equivalent to those possessed by a person who has successfully completed a qualification referred to in set 3 | [Regulation 52 inserted: Gazette 5 Jan 2018 p. 6‑8.] ### Division 5 — *Commerce Regulations Amendment (Building Services) Regulations 2023* [Heading inserted: SL 2023/64 r. 14.] ##### 53. Registration of building service contractors (1) If a person applies for registration as a building service contractor in a class of building engineering contractor listed in regulation 6(2) before 1 July 2026, the registration fee for the person is reduced by 50%. (2) If a person applies for registration as a building service contractor in a class of building engineering contractor listed in regulation 6(2) before 1 January 2027 and their application is not determined by the Board before 1 July 2027, the person is taken to be registered as a building service contractor in that class during the period beginning on 1 July 2027 and ending on the day on which — (a) the person is registered; or (b) if their application is refused — the person is notified of the refusal. (3) An application is determined, for the purposes of subregulation (2), when the Board deals with the application by registering, or refusing to register, the applicant. (4) While a person is taken to be registered in a class of building engineering contractor under subregulation (2), they are also taken to have a nominated supervisor for that class. Note for this regulation: Registration as a building service contractor in a class of building engineering contractor listed in regulation 6(2) before 1 July 2027 is in advance of building engineering work becoming, on 1 July 2027, a prescribed building service; see the *Commerce Regulations Amendment (Building Services) Regulations 2023* as amended by the *Commerce Regulations Amendment (Building Services) Regulations 2024* Part 4. [Regulation 53 inserted: SL 2024/255 r. 9.] ##### 54. Registration of building service practitioners If a person applies for registration as a building service practitioner in a class of building engineering practitioner listed in regulation 6(1) before 1 July 2026, the registration fee for the person is reduced by 50%. [Regulation 54 inserted: SL 2024/255 r. 9.]