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On the spot fines for building offences

April 28, 2019

New building infringements

Building and Energy have advised HIA that amendments to the building regulations will permit on the spot fines to be issued from 27 April 2019.

Some of the key infringements that could lead to an on the spot fine include:

• Failure to give notice of completion (BA7) $500
• Encroachment beyond boundaries without consent, court order or other authority $2500
• Removal of fence, gate or other barrier to land without consent, court order or other authority $1000
• Failure to erect adequate temporary barrier $1000
• Failure to notify board of change of address $250
• Failure to display sign – building contractor $200

Infringement notices (fines) can be issued by authorised officers from Building and Energy or in some cases, the Local Government. The value of the fines is a maximum of 20% of the full penalty that would apply if prosecution was pursued.

Details around contestability of an infringement notice are not yet available, but this would likely be in the State Administrative Tribunal, where prosecution and application of the full penalty could result from an adverse finding.

An industry bulletin with full details will be available soon from Building and Energy.

If you have any queries contact wa_technical@hia.com.au