Amid increased consumer interest, WA homeowners are urged to do their research when considering installing prefabricated pods, tiny homes and other outbuildings, which may be subject to council approvals and other rules to ensure they are safe and compliant.
Consumer Protection and Building & Energy media statement
- "DIY" and "permit‑free" claims for prefabricated outbuildings may be misleading
- Building permits, council approval and installation by a registered builder may be required
- Consumers risk breaching safety rules and building compliance laws if they rely on false advertising
Amid increased consumer interest, WA homeowners are urged to do their research when considering installing prefabricated pods, tiny homes and other outbuildings, which may be subject to council approvals and other rules to ensure they are safe and compliant.
The Department of Local Government, Industry Regulation and Safety's (LGIRS) Consumer Protection and Building and Energy divisions have observed a rise in suppliers advertising these products as DIY projects that can be assembled in a weekend with "no permit required".
However, these claims may be false or misleading in breach of the Australian Consumer Law. Homeowners could end up installing unsafe structures or breaching building compliance or planning laws if they rely on false advertising.
Consumers should contact their local government for advice on any approvals that may be required.
In many cases, if these structures are used as a building, or part of a building, they will require a building permit. There are no specific exemptions for prefabricated buildings, and local councils may take enforcement action if these structures are erected without all the necessary approvals.
If a building permit is needed and the structure is a habitable building valued at more than $20,000, or a non-habitable structure such as a shed valued at more than $50,000, it must only be installed by a registered builder or an approved owner-builder. The builder named on the permit is responsible for ensuring the building complies with applicable building standards when completed.
Other local council approvals, such as under planning laws, may also be required.
Commissioner for Consumer Protection Trish Blake said consumers may be misled into believing they can simply purchase and erect these structures themselves.
"We're concerned that some homeowners may be led to believe these structures don't require permits or approvals, which may not be the case. That misinformation can create avoidable headaches for households and their councils," Ms Blake said.
"Western Australians deserve clear and truthful information so they can make informed decisions that protect their homes, their safety and their finances.
"Under the Australian Consumer Law, it is an offence for a trader to make false or misleading representations about the goods they supply."
Building Commissioner Phil Payne said considerations for installation include distance from property boundaries, height restrictions and access to underground infrastructure.
"Building laws, including building permits and registration requirements, ensure structures are installed safely and their components and construction meet applicable codes and standards," Mr Payne said.
"Any associated electrical and plumbing work must also be carried out by licensed electricians and plumbers."
Consumer Protection and Building and Energy encourage consumers to:
- confirm planning and building approval requirements with their local council;
- arrange for a registered builder to do the work if the building is valued at more than $20,000 (or more than $50,000 for non-habitable structures) and requires a building permit; and
- seek written assurances from suppliers about compliance obligations.
Complaints can be lodged with Consumer Protection about misleading information or with Building and Energy about home building work contracts between $7,500 and $500,000 or building work of any value.
