Buyer’s guide · Western Australia

Building and pest conditions in WA: what every buyer needs to know

With no cooling-off in WA, a building and pest condition is often your only chance to check a home after your offer is accepted. Here’s how the standard annexures work and what to do if there’s a problem.

Buying a home in Western Australia moves fast. Once the seller accepts your offer, you’re bound straight away, and there’s no statutory cooling-off period.

That’s why building and pest conditions matter so much in WA. They give you the chance to check the home’s condition after your offer is accepted, and to have serious problems fixed or walk away. This guide explains how the standard REIWA annexures work, the strict deadlines and what to do if a report finds a problem.

How building and pest conditions work in WA

Most WA homes are sold using an Offer and Acceptance form and the Joint Form of General Conditions for the Sale of Land. The General Conditions don’t give you a right to a pre-purchase inspection. If you want one, it must be added as a special condition or an annexure, which is a separate document attached to your contract that forms part of it.

If a property is sold “as is”, the seller doesn’t have to agree to any inspection condition.

The two standard annexures

You can include one, both or neither. REIWA updates these forms from time to time, and older versions still turn up, so always check the name and date of each annexure in your contract.

What counts as a major structural defect

A major structural defect is a serious fault in, or damage to, a load-bearing part of the building, such as the footings and foundations, load-bearing walls, beams, columns, or floor or roof framing. Hairline cracks, cosmetic damage, wear and tear and general maintenance issues usually don’t qualify. REIWA notes that the inspection standard is designed to identify structural faults only, and excludes items such as roof plumbing, wiring, windows, doors, tiling and plastering.

The house only

The structural annexure refers to the residential building. Patios, pergolas, carports, sheds, retaining walls and fences may not be covered unless they’re expressly added. If any of these matter to you, ask for them to be named in the annexure before you sign.

Clear wording matters

Your report should say plainly whether a defect is a major structural defect. A vague report gives the seller room to argue.

The process and deadlines

The exact steps and deadlines are set out in the annexure attached to your contract, so read it carefully and diarise every date. Under the standard structural annexure, the process usually works like this:

1. Get the report in time. You arrange and pay for the inspection, and the seller or their agent must receive a copy of the report by the date in the annexure. If it isn’t received in time, you’re usually treated as having given up the benefit of the annexure.
2. Give notice of any major structural defect. If the report identifies one, you give the seller written notice within the time the annexure allows.
3. The seller decides whether to fix it. The seller then has a set time to tell you whether they’ll fix the defect, using a registered builder.
4. If the seller agrees, they arrange the work, and settlement may be delayed until it’s complete.
5. If the seller won’t fix it, you can end the contract by written notice within the time allowed, and your deposit is refunded.

If you do nothing within the time allowed, the contract usually continues and you lose the right to rely on the annexure.

How the termite annexure works

The termite annexure lets you get a non-invasive written report on termite activity or damage in the residential building. Non-invasive means the inspector doesn’t cut or drill into walls, floors or linings, so some hidden damage may not be found. If termites or termite damage are found, you give the seller written notice, and the seller can usually choose to arrange treatment and repairs before settlement. Treatment can take time, which may push back settlement.

Some versions focus on the seller fixing the problem rather than giving you a clear right to walk away. If you want that right, we can add a special condition that says so.

Common mistakes WA buyers make

• Signing an offer with no building or pest condition, then finding a problem when it’s too late.
• Booking the inspector late and missing the inspection date.
• Assuming the shed, patio or retaining wall is covered by the structural annexure.
• Relying on a report that doesn’t clearly say whether a defect is a major structural defect.
• Sending the report or a notice to the wrong person, or not in writing.
• Agreeing to repairs over the phone. Any deal with the seller should be in writing and signed.

For tips on choosing an inspector and reading a report, see our article on why building inspections matter.

Negotiating after the report

Many issues are settled by agreement rather than through the formal process. You might agree a lower price, a credit at settlement or repairs before settlement. Any change to the contract should be recorded in writing and signed by both of you.

Keep an eye on the annexure deadlines until a signed variation is in place, because they keep running while you negotiate. Our step-by-step guide to buying in WA explains where inspections fit, and our guide to finance conditions in WA covers the other key condition.

Frequently asked questions

This article is general information only and is not legal advice. It reflects Western Australian law at the date of publication. Please contact us for advice about your circumstances.

Related guides