A Maylands couple's plan to build their forever home has turned into a lesson in how West Australia's building dispute system can leave homeowners powerless and out of pocket.
Rob and Pina Martin signed a contract with Sovereign Building Company in 2023. The house is now years overdue, and a report released this week confirmed that the builder has ignored 40 of more than 50 defects identified by the industry watchdog, Building and Energy.
The couple has found themselves trapped in what Martin describes as a system with holes large enough to fall through. When asked what major defects remain unaddressed, he said: "No, because it's too hard or too expensive or just beyond this builder's capabilities it seems."
On Tuesday afternoon, Sovereign's lawyers requested an extension until May 25 to remediate all outstanding items including the face brickwork. It is the latest delay in a process that has left the couple in financial limbo, facing difficult choices none of which come cheap.
The Limited Options
If they wait for Sovereign to complete the work, there is no guarantee it will happen. If they hire their own contractor to fix the defects, it could cost tens of thousands of dollars. Their third option is to pursue legal action, which would require hiring lawyers and likely paying for independent expert reports to prove each defect in detail. Under the current system, homeowners shoulder much of this burden themselves.
Building and Energy has authority to investigate complaints and order remediation, but enforcement relies heavily on builders complying voluntarily. When they do not, the next step often means court or tribunal proceedings.
The fundamental issue is one of imbalance. Builders know that pursuing a complaint through the dispute system is time-consuming and expensive for homeowners, particularly when the homeowner must fund independent expert reports to prove defects exist. Builders have the option to ignore orders and wait to see if owners have the resources and patience to escalate further.
The Time Pressure
West Australian law allows homeowners to lodge complaints with Building and Energy up to six years after practical completion of the work. Beyond that, property owners must pursue private legal action, which typically requires engaging lawyers and can be prohibitively expensive for all but the most serious and costly defects.
For the Martins, that deadline is ticking. Every month of delay brings them closer to a point where the regulatory pathway closes and only expensive litigation remains.
Martin said the law needs to change and examples must be made of builders for non-compliance. That sentiment resonates with the broader problem: without credible consequences for ignoring remedy orders, the system has little teeth.
Reform on the Horizon
Enhanced enforcement powers for Building and Energy are planned as part of wider Western Australian building reforms expected to take effect between 2026 and 2027. These reforms will include stronger authority to issue directives on technical matters, access building sites for inspection without consent, and impose higher penalties for non-compliance.
However, the Martins cannot wait for systemic change. Their home remains uninhabitable in its current state, their money is tied up, and the builder has shown little urgency in fixing problems it created.
The case raises uncomfortable questions about whose interests the current system truly protects. Builders can drag out dispute resolution knowing that homeowners eventually give up or run out of money. Those with the resources to hire lawyers and expert witnesses may eventually win. Those without often settle for less than they are owed, or abandon their claims altogether.