Building Disputes in WA: Building and Energy + SAT Explained

If you're a Western Australian homeowner dealing with a builder who won't fix defective work, has walked off the job, or has simply stopped returning your calls, the path forward is clearer than it feels — and there's a free complaint process designed to resolve most disputes before anyone sets foot in a tribunal.

This guide explains how a WA home building dispute actually moves through the system in 2026: Building and Energy first, the State Administrative Tribunal (SAT) if needed, and the evidence you'll want ready at every step. We're not lawyers and this isn't legal advice — it's a plain-English map for homeowners.

The order of operations matters

Like NSW, Victoria, and Queensland, Western Australia funnels building disputes through a specialist regulator before a tribunal gets involved. For most residential building complaints, Building and Energy (through the Building Commissioner) is your starting point — not the SAT, and not the courts.

But there's a mandatory step even before that.

The path through a WA building dispute

Step 1 — Talk to your builder, and put it in writing

Before any official process, make a genuine attempt to resolve the issue directly with your builder. Most builders want to finish the job and keep their customers happy — and a calm, specific conversation can resolve things faster than any complaint form.

If talking doesn't work, put the problem in writing. Email is fine. Describe each defect or unfinished item clearly, reference your photos, and give a reasonable timeframe to inspect and fix. Two things matter enormously, and both are about the record:

• In writing. A builder's on-site promise to "come back next week" is worth nothing once next week passes. Confirm conversations in a follow-up message.
• Dated and together. When this escalates, you'll need to show what the issue is, when you raised it, what the builder said, and that they had a fair chance to respond. Spread across SMS, email, and a WhatsApp group, that story is hard to prove. In one place, it's solid.

Learn exactly how to document a building defect so it holds up →

Step 2 — Serve a Notice of Proposed Complaint (at least 14 days before lodging)

This is the step that catches WA homeowners off guard. Under the Building Services (Complaint Resolution and Administration) Act 2011, you must give the builder written notice of your proposed complaint at least 14 days before you lodge a formal complaint with the Building Commissioner.

The notice must set out, as far as you're reasonably able:

• What the complaint is about
• The remedy you're seeking (rectification, payment, or both)
• That you intend to lodge a formal complaint if the matter isn't resolved

Email is sufficient — but keep a copy of what you sent and when, as proof of service. In many cases, the builder responds satisfactorily at this stage and the formal process never starts. That's the point: you've given them a clear, documented chance to fix it.

Step 3 — Lodge a complaint with Building and Energy

If the builder won't engage or won't fix the work, lodge a formal complaint with the Building Commissioner through Building and Energy (part of the Department of Local Government, Industry Regulation and Safety). The complaint process is free.

You can lodge online, by email, by post, or in person. You'll generally need:

• Details of the builder or service provider
• A description of the regulated building service or home building work contract in dispute
• Your contract and any variations
• Your Notice of Proposed Complaint and any builder response
• Photos, videos, and correspondence
• Payment records and relevant dates

Building and Energy deals with complaints about regulated building services (work that must meet building standards) and home building work contracts for work valued between $7,500 and $500,000. If your situation falls outside these categories, different pathways may apply — check the eligibility checklist on the Building and Energy website or get advice.

Step 4 — Investigation, conciliation, and Building Remedy Orders

Once the Building Commissioner accepts your complaint, it may be dealt with through investigation, negotiation between the parties, or conciliation. An inspector may attend the property to assess the work.

If the Commissioner is satisfied the building service was not carried out in a proper or proficient manner, or is faulty or unsatisfactory, they can issue a building remedy order — requiring the builder to rectify the work, pay compensation, or both.

For disputes about the home building work contract itself (breaches, variations, termination payments), the Commissioner can issue a home building work contract remedy order.

These orders carry real weight. Note the value limits: the Building Commissioner generally cannot issue orders for work or payments valued over $100,000 without the consent of both parties. If the remedy you're seeking exceeds these thresholds, you may need to pursue the matter through the courts instead.

Step 5 — Referral to the State Administrative Tribunal (SAT)

If your dispute is complex, intractable, or can't be resolved through the Commissioner's process, it may be referred to the State Administrative Tribunal (SAT). You and the builder will receive written notification if this happens.

You generally cannot apply directly to SAT for a fresh building dispute — the referral comes from the Building Commissioner. SAT can also review decisions made by the Building Commissioner; applications for review must usually be made within 28 days of the decision.

At SAT, both sides present their evidence. The Tribunal can make binding orders for rectification or compensation. For registered building service providers, SAT has no upper limit on the value of work or payments it can order. Against an unregistered person, the limit is $500,000.

SAT is less formal than a court and accommodates self-represented homeowners. Many people navigate it without a lawyer, especially for straightforward defect claims — though complex or high-value disputes may warrant legal advice.

How long do you have? (Time limits)

WA time limits are strict, and missing them can end your complaint before it starts:

• Regulated building services: generally within six years of the work being completed
• Home building work contract matters (variations, breach of contract, termination payments): generally within three years from when the contract was entered into, or from when the cause of the dispute arose

If you're anywhere near a deadline, move quickly. Document what you have now and lodge — you can supplement evidence later in most cases, but you can't get back a missed limitation period.

What if your builder has gone out of business?

If your builder is insolvent or has disappeared, the picture changes. Check whether your builder held home indemnity insurance (required for most residential building work in WA above certain thresholds). This scheme may provide a last-resort pathway for incomplete or defective work where the builder can't or won't rectify. Your contract should include a certificate of insurance — if it doesn't, that's a separate problem worth investigating.

Do you need a lawyer?

For many straightforward defect or incomplete-work complaints, homeowners handle the Building and Energy process and even SAT without legal representation. The system is designed to be accessible. For high-value claims, complex contract disputes, or matters approaching order-value limits, preliminary legal advice on your options and deadlines is worth the cost.

The thread through all of it: your record is your leverage

Look at every step above. The written notice in Step 1. The mandatory Notice of Proposed Complaint in Step 2. The contract, photos, and correspondence in your Building and Energy complaint. The evidence bundle at SAT. At every stage, the homeowner who can lay out a clean, chronological record — here's what was agreed, here's when I raised it, here's what they said — is in a dramatically stronger position than the one reconstructing it from memory.

Almost nobody builds that record as they go. Decisions happen on site and get confirmed by SMS. Variations are agreed verbally. Promises live in a group chat. By the time a dispute is real, the evidence exists — it's just scattered, undated, and half-forgotten.

That's the gap Chronicle Build closes. It pulls every email, text, and decision about your build into one clear, time-stamped timeline as it happens — so if things escalate, you can produce a dispute-ready bundle organised for Building and Energy or SAT, instead of starting from scratch at the worst possible moment. You hope you never need it. You're very glad it's there if you do.

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Frequently asked questions

Can I go straight to the SAT for a building dispute in WA?

Usually no. For most residential building disputes you must first go through Building and Energy's complaint process with the Building Commissioner. Complex or unresolved matters may be referred to the State Administrative Tribunal (SAT), but you generally cannot lodge a fresh building dispute directly with SAT without going through the Commissioner first.

What is a Notice of Proposed Complaint and when do I need to send it?

Before lodging a formal complaint with the Building Commissioner, WA law requires you to give the builder written notice at least 14 days in advance. The notice must describe the complaint, the remedy you are seeking, and give the builder a chance to respond. Email is sufficient — keep a copy as proof of service.

How much does it cost?

Lodging a complaint with Building and Energy is free. If your matter is referred to SAT, there is an application fee. Many homeowners self-represent at SAT, which keeps costs down compared with court proceedings.

How long do I have to lodge a complaint?

Generally within six years of the work being completed. For specific home building contract disputes (variations, breach of contract, termination payments), the limit is usually three years from when the contract was entered into or when the cause of the dispute arose. Don't wait — act while your evidence is fresh.

What evidence do I need?

At minimum: your signed contract and any variations, photos and videos of the defective or incomplete work, your written correspondence with the builder (including your Notice of Proposed Complaint), payment records, and any independent inspection reports. A clear, dated timeline of events strengthens every stage of the process.