One Year On, Ownership Still an Issue for the Building Act 2011

On 2 April 2012, the main provisions of the Building Act 2011 came into force in Western Australia. As we pass the first anniversary of this controversial Act, the traditional gift of paper seems appropriate, with more amendments likely.

Since then, there have been two sets of amendments to the Act and three sets of amendment to the regulations. Four exemption orders have also been issued – three of which controversially allowed construction to begin before receiving a building licence, for applications lodged but not determined within certain time limits. All these time limits have now elapsed.

Despite the constant shifting sands of legislative amendments and proclamations, local governments and applicants have worked together to survive the first year and many of the problems in the initial drafting have been overcome.