The WA government has announced a major review of the home building contract legislation which includes contracts for pool building. The review will include two key elements: the Home Building Contracts Act 1991 (except Part 3A), and the dispute resolution/complaint process in Parts 2 and 3 of the Building Services (Complaint Resolution and Administration) Act 2011.
The Department of Local Government, Industry Regulation and Safety (LGIRS), through Building and Energy, is managing the review. The review process is split into three stages, the first was the Inquiry Phase which is completed, the second stage has commenced with the release of a discussion paper and online survey, followed by final recommendations. SPASA is encouraging members to participate in this discussion phase and we will also provide a submission on behalf of members.
SPASA encourages members to read through the Discussion Paper. There is a lot of detail being presented across a range of 20 proposed reforms, with many areas including multiple points:
Consumer and industry knowledge of the home building contract laws
Jurisdictional limits of the HBC Act
Financial limits on remedial orders
Deposit limits
Cooling-off periods
Price escalations – Statutory framework
Price escalations – Complaints process
Progress payments and defined stages
Limitation periods for remedial work complaints
Limitation period clarification for price escalation complaints
Early mediation and conciliation conferences
Site access to building site – Harmonisation with WHS requirements
Standing of registered builders and owner-builders to make complaints
Prohibition on caveats in residential building contracts
Notice of the proposed complaint and provision of evidence
General inspections
Inspection reports and the SAT
Powers of the Building Commissioner to issue warnings
Accreditation framework for building inspectors
HBC Act penalties for offences
SPASA will update this page with further critical information as more details are provided, to assist members understand the key changes that are likely to impact pool and spa building work.
SPASA will be making a submission to the consultation. Members are also welcome and encouraged to make your own submission.
If you would like to contribute to SPASA’s submission, please get in touch with Ben Makepeace via email [email protected] by 15 June 2026.
Feedback on the proposed reforms must be submitted before 5pm (WST) Wednesday, 24 June 2026.
For more information and to read the discussion paper, head to the consultation page: https://www.wa.gov.au/organisation/building-and-energy/review-of-western-australias-home-building-contract-laws