Submitting a building services complaint
General information on submitting a complaint via DMIRS with the Building Commissioner
Background
If you live in a scheme that is experiencing issues with building defects, there is a 6-year window of time when you may bring a formal complaint against the builder. There is a process to follow and the Building Commission has provided this step-by-step guide.
To submit a complaint, you will need the following:
- the Notice of Proposed Complaint;
- proof of service of the Notice of Proposed Complaint;
- contracts and invoices;
- building permits (if any); and
- correspondence or documentation relevant to your complaint
Click the link building complaint resolution web.pdf
Who? |
Common Property A Strata Company should delegate the lodgement of any formal complaints to be handled by the Council of The Strata Company. They may then instruct one member to complete the submission. The Councillor must make payment via credit card during the submission process and seek reimbursement from Strata Company funds. |
| Lot Owner Property If the issue relates to lot owner property, then the individual owner will need to prepare, submit and pay for the complaint. | |
What? |
Complaints should be lodged on the website and payment of $119 must be made as part of the process. Once the submission has been successful, a reference number will be allocated for the complaint e.g. BC 2021 123 along with a reference number to confirm payment has been successful. This is a two-part process, so the person completing the application form should keep a note of both reference numbers. (Note that complaints can also be submitted by post or in person, refer to this link for the process) |
When? |
Without exception, a complaint must be lodged within 6 years of the date of practical completion of the scheme. It will be rejected if it is received one day outside of this 6-year window. E.g. 6 years and 1 day is too late for lodgment. Note, the 6-year window is based on the practical completion date as noted on the BA7 form, and NOT the date that the certificate of occupancy was issued. |
Where? |
Lodged with DMIRS via their website. https://www.commerce.wa.gov.au/publications/notice-proposed-complaint |
Why? |
Many strata schemes follow this process if they believe that there are defects in the original build quality which is the fault of the builder, e.g. there are leaks, structural cracks etc. |
Anything else?
If you are an owner within a scheme which is approaching the 6-year mark, we would suggest having a building defects report prepared, to highlight any potential defects in the build, particularly, if there have been issues with the build quality.
Having a report prepared when the building is approximately 4-5 years old, will provide sufficient time and supporting evidence for any requests to the original builder to put things right. Should this avenue fail, it can form the basis of a complaint to the Building Commission before the 6-year timeframe for lodgment expires.