Do I need a Building Inspection in WA?
- North Shore Conveyancing
- Feb 13
- 6 min read
If you’re buying a home in Perth, chances are someone has said to you, “Make sure you get a building inspection.” But is it actually required? What does a building inspection cover in WA? And what happens if the report identifies problems? Whether you’re purchasing your first home in Joondalup, upgrading in Hillarys, or investing locally around Heathridge, understanding how building inspections work under a standard WA contract is so important to manage expectations and be clear about your rights.
Let’s break it down clearly so you know what to expect and what you’re actually protected for.
Is a building inspection legally required in WA?
Short answer: No. There is no legal requirement in Western Australia to obtain a building inspection before buying a property. However, just because it’s not mandatory doesn’t mean it’s optional in practice. We strongly recommend our clients include a building inspection condition in their Offer and Acceptance (O&A) whenever they purchase an established home.
Why? Because once your offer is accepted, you are legally bound by the contract (remember, there’s no cooling-off period in WA). When walking around a house before you make an offer, it can be difficult to see structural defects with the untrained naked eye. A building inspection condition gives you the right to assess the property’s structural integrity before settlement.
How building inspections work under a standard REIWA contract
Most residential property contracts in WA use REIWA’s standard annexures. The standard building inspection condition is not a general “find anything wrong and pull out” clause. In fact, it’s not even called a ‘building inspection condition. Instead, its formal name is the ‘Pre-Purchase Inspection for Major Structural Defects’. The name makes it clear that it is specifically tied only to Major Structural Defects.
Under the standard annexure, inspectors are required to assess the property in accordance with Australian Standard AS 4349-2007 (Part 1: Pre-purchase Structural Inspection - Residential buildings). This standard is strictly detailed, and inspectors have little to no wiggle room to classify defects outside of the prescribed Standard.
And this is where we see many buyers misunderstand their rights.
So, what is a Major Structural Defect?
Under the standard REIWA building inspection annexure, a Major Structural Defect generally means a fault in a structural element of the building that:
Affects the structural integrity of the building, and
Requires significant repair or replacement to avoid unsafe conditions
Structural elements typically include things like:
Foundations
Footings
Load-bearing walls
Roof framing
Structural timbers
Structural concrete
Under the annexure, if a Major Structural Defect is identified, the buyer may have the right to:
Request the seller carry out repairs
Negotiate a reduction in the purchase price
Terminate the contract (if the seller declines to remedy or otherwise compensate the buyer for the defect)
The exact process depends on the wording of your condition and the timing of notices. Regarding timing, there are specific timeframes within which the buyer must have the report completed, provide a copy to the seller, and, if a defect is identified, serve notice on the seller to remedy it. If any of these timeframes is not met, the buyer may waive their rights under the annexure.
What is NOT covered? (This is where we need to manage expectations)
Clause 9.4 of the REIWA annexure becomes important here. The standard REIWA building inspection condition contains a long list of standard exclusions. That’s not to say it’s concerning that they’re excluded, but it’s important buyers are aware these items are not covered under the annexure. Even if a major defect is identified in any of these items, they do not qualify as Major Structural Defects under the clause.
Common exclusions include:
Ceilings
Gutters and downpipes
Internal non-load-bearing walls
Fences
Patios and pergolas
Sheds
Paving
Cosmetic cracking
General wear and tear
Translating this into real-life, this means that if your building report identifies issues like…
Sagging ceilings
Rusted gutters
Missing roof tiles causing a leak
Exposed electrical wiring
Dampness behind shower walls
These are typically categorised as maintenance items or minor defects, not Major Structural Defects. And under the standard REIWA condition, they are not grounds to terminate the contract or to even request that the seller repair or replace them.
This is where expectation management is critical. Many buyers receive a building report and are alarmed by the number of issues listed. Almost every property, especially established homes, will have a list of maintenance items and non-structural repairs that are needed.
These don’t give you grounds to exit the contract.
Understanding the difference: Major vs Minor vs Maintenance vs Safety
Major Structural Defect
Serious issue affecting structural integrity.
May allow repair request, financial compensation or termination.
Major Non-Structural Defect
Serious issue not affecting structural integrity.
Does not allow for repair requests, financial compensation or termination.
Minor Defect
Small defect that does not impact structural integrity.
Usually cosmetic or isolated.
Maintenance Item
Normal wear and tear
Expected in older homes.
Safety Hazard
Something that may pose a risk (e.g. exposed wiring, loose handrails).
Likely doesn’t qualify as a Major Structural Defect under the annexure. However, depending on the item, this may be otherwise covered by regulation.
For example, faulty smoke alarms are a safety hazard. Whilst not covered by the building inspection condition, WA state regulations do require the seller comply with the requirements prior to settlement.
Understanding the distinction between how inspectors classify items, before signing your offer avoids disappointment later.
What happens if a Major Structural Defect is found?
If your inspector identifies a defect that qualifies under the annexure:
You must provide the report to the seller by the Due Date specficied in your contract.
You may, within three business days after the report's Due Date, give notice to the seller requesting that they attend to the necessary repairs.
The seller has five business days from your notice to agree or refuse.
If the seller agrees, the buyer and seller can negotiate a reduction in the purchase price as compensation in lieu of the repairs being carried out.
If the seller refuses to repair or compensate the buyer, the buyer has five business days after the expiration of the first notice to terminate the contract (in writing).
If this timeframe passes, the annexure ceases to apply, and the contract continues.
As you can see, timing is everything here. Missing any deadline can result in the condition being deemed satisfied, even if defects exist.
This is why working closely with your settlement agent during the inspection period is important.
Why we still recommend building inspections
Even with exclusions, we almost always recommend that buyers obtain a building inspection. Why? Because knowledge is power. Even if issues don’t qualify as Major Structural Defects under the clause, they still:
Help you budget for future repairs
Highlight safety risks
Give you a realistic understanding of the property’s condition
Allow informed negotiation before signing (if obtained early)
In Perth’s competitive market, some buyers feel pressure to waive inspection conditions. That may strengthen your offer, but it also increases your risk. It’s important to consider your risk appetite and balance strategy with protection.
Booking inspections in Perth
If your offer includes a building inspection condition, it is important to arrange your inspection early to ensure you meet the necessary deadlines. Ensure you speak to the inspector and when the report is available, read it carefully. Don’t assume every issue is grounds for termination or compensation.
In busy periods (especially pre-Christmas or Easter), inspection companies in Perth can book out quickly. Leaving it too late can cause unnecessary stress.
FAQ: Building inspections in WA
Do I legally need a building inspection in WA?
No, it’s not legally required. However, it is strongly recommended.
What counts as a Major Structural Defect in WA?
Defects affecting structural integrity, such as foundation failure, serious structural cracking, or roof framing issues.
Can I pull out of a contract because of a building report?
Only if the defect qualifies as a Major Structural Defect under the annexure, and you follow the notice process correctly.
What does Clause 9.4 exclude?
Items such as gutters, ceilings, fences, patios, sheds, non-load-bearing walls, and general maintenance.
Are minor defects grounds to renegotiate?
Not automatically under the standard annexure. Negotiation depends on the contract and the seller's agreement.
The bottom line when it comes to your building inspection
A building inspection in WA isn’t about finding a perfect property free of defects. It’s more about understanding what you’re buying and knowing your rights. Under a standard REIWA contract, the inspection condition is specific and limited to Major Structural Defects. Knowing this before you sign helps manage expectations and avoid surprises.
If you’re buying in Perth and unsure how the building inspection clause applies to your offer, getting advice early makes all the difference. North Shore Conveyancing supports buyers across Perth with clear contract reviews and practical guidance before and after acceptance.
If you’re preparing to make an offer and want to understand exactly what your building inspection condition covers, contact Katelyn for straightforward advice before you sign.
