{"id":"BILL-TAS-building-amendment-bill-2026-1-of-2026","name":"Building Amendment Bill 2026","slug":"building-amendment-bill-2026","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-01-01","administeringDepartment":null,"currentVersion":{"id":446178,"registerId":"BILL-TAS-building-amendment-bill-2026-1-of-2026:current","compilationNumber":null,"startDate":"2026-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:58.943Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Building Amendment Bill 2026\n\n[Bill 1]-VIII\nTASMANIA\n__________\nBUILDING AMENDMENT BILL 2026\n__________\nCONTENTS\nPART 1 – PRELIMINARY\n1. Short title\n2. Commencement\n3. Repeal of Act\nPART 2 – BUILDING ACT 2016 AMENDED\n4. Principal Act\n5. Section 4 amended (Interpretation)\n6. Section 10A inserted\n10A. Adoption and amendment of National Construction\nCode\n7. Section 13 amended (Further modification of National\nConstruction Code in certain circumstances)\n8. Section 14 amended (Provisions of other standards)\n9. Section 283 amended (Determination of application of provision\nof National Construction Code)\n10. Section 284 amended (Determination of application of access\nprovision of National Construction Code)\n11. Section 287 amended (Building Regulations)\n12. Section 289 amended (Plumbing Regulations)\n13. Section 330A substituted\n330A. Further amendment of regulations not prevented\n\n2\nPART 3 – BUILDING REGULATIONS 2016 AMENDED\n14. Principal Regulations\n15. Regulation 4A inserted\n4A. Adoption of National Construction Code\n16. Regulation 82 amended (Access provisions of National\nConstruction Code)\n\n[Bill 1] 3\nBUILDING AMENDMENT BILL 2026\nThis Public Bill originated in the House of Assembly, and, having this day passed, is\nnow ready for presentation to the Legislative Council for its concurrence.\nLAURA ROSS, Clerk of the House\n14 April 2026\n(Brought in by the Minister for Small Business, Trade and\nConsumer Affairs, the Honourable Guy Barnett)\nA BILL FOR\nAn Act to amend the Building Act 2016 and consequentially\namend regulations made under that Act\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\nPART 1 – PRELIMINARY\n1. Short title\nThis Act may be cited as the Building\nAmendment Act 2026.\n2. Commencement\nThis Act commences on the day on which this\nAct receives the Royal Assent.\n\nBuilding Amendment Act 2026\nAct No. of 2026\ns. 3 Part 1 – Preliminary\n4\n3. Repeal of Act\nThis Act is repealed on the first anniversary of\nthe day on which it commenced.\n\nBuilding Amendment Act 2026\nAct No. of 2026\nPart 2 – Building Act 2016 Amended s. 4\n5\nPART 2 – BUILDING ACT 2016 AMENDED\n4. Principal Act\nIn this Part, the Building Act 2016* is referred to\nas the Principal Act.\n5. Section 4 amended (Interpretation)\nSection 4(1) of the Principal Act is amended by\nomitting the definition of National Construction\nCode and substituting the following definition:\nNational Construction Code means –\n(a) the edition of the National\nConstruction Code published by\nthe Australian Building Codes\nBoard adopted, in whole or in\npart, and as amended in its\napplication to Tasmania, by\nregulations made under\nsection 10A from time to time; or\n(b) if no regulations are made under\nthat section, the latest edition of\nthat code published, including as\namended, from time to time.\n6. Section 10A inserted\nBefore section 11 of the Principal Act, the\nfollowing section is inserted in Part 2:\n_______________________________________________________________\n*No. 25 of 2016\n\nBuilding Amendment Act 2026\nAct No. of 2026\ns. 7 Part 2 – Building Act 2016 Amended\n6\n10A. Adoption and amendment of National\nConstruction Code\nThe Governor may make regulations to –\n(a) adopt, in whole or in part, an\nedition of the National\nConstruction Code published by\nthe Australian Building Codes\nBoard, as amended from time to\ntime or in force on a specified\nday, as the National Construction\nCode for the purposes of this Act;\nand\n(b) amend the code in its application\nto Tasmania, including by\ninserting, omitting or amending a\nprovision.\n7. Section 13 amended (Further modification of\nNational Construction Code in certain\ncircumstances)\nSection 13 of the Principal Act is amended as\nfollows:\n(a) by inserting in subsection (1) “the\napplication of” after “that”;\n(b) by omitting from subsection (1) “altered”\nand substituting “modified”;\n(c) by inserting in subsection (2) “the\napplication of” after “that”;\n\nBuilding Amendment Act 2026\nAct No. of 2026\nPart 2 – Building Act 2016 Amended s. 8\n7\n(d) by omitting from subsection (2) “altered”\nand substituting “modified”;\n(e) by omitting from subsection (3)(a)\n“being altered” and substituting “the\napplication of which is modified”;\n(f) by omitting from subsection (3)(b) “;\nand” and substituting “.”;\n(g) by omitting paragraph (c) from\nsubsection (3).\n8. Section 14 amended (Provisions of other standards)\nSection 14 of the Principal Act is amended by\nomitting “that Code” and substituting “that code\nor regulations made under section 287(4) or\n289(4)”.\n9. Section 283 amended (Determination of application\nof provision of National Construction Code)\nSection 283 of the Principal Act is amended as\nfollows:\n(a) by inserting in subsection (1) “in its\napplication” after “modified”;\n(b) by inserting in subsection (6)(a)(i) “in its\napplication” after “modified”;\n(c) by inserting in subsection (6)(a)(ii) “in\napplication” after “modification”.\n\nBuilding Amendment Act 2026\nAct No. of 2026\ns. 10 Part 2 – Building Act 2016 Amended\n8\n10. Section 284 amended (Determination of application\nof access provision of National Construction Code)\nSection 284(2)(b) of the Principal Act is\namended by omitting “or variations”.\n11. Section 287 amended (Building Regulations)\nSection 287(4) of the Principal Act is amended\nby omitting “the National Construction Code,\nany standards, rules, codes and specifications of\nbodies specified in that Code and any other\nstandards, rules, codes and specifications” and\nsubstituting “any standards, codes, rules or\nspecifications”.\n12. Section 289 amended (Plumbing Regulations)\nSection 289(4) of the Principal Act is amended\nby omitting “the National Construction Code and\nany of the standards, rules, codes and\nspecifications of bodies specified in the Code”\nand substituting “any standards, codes, rules or\nspecifications referred to in the National\nConstruction Code”.\n13. Section 330A substituted\nSection 330A of the Principal Act is repealed\nand the following section is substituted:\n\nBuilding Amendment Act 2026\nAct No. of 2026\nPart 2 – Building Act 2016 Amended s. 13\n9\n330A. Further amendment of regulations not\nprevented\nThe amendment of a provision of\nregulations made under this Act, or any\nother Act, by an Act amending this Act\ndoes not prevent that or any other\nprovision of the regulations from being\namended or rescinded by a subsequent\nregulation.\n\nBuilding Amendment Act 2026\nAct No. of 2026\ns. 14 Part 3 – Building Regulations 2016 Amended\n10\nPART 3 – BUILDING REGULATIONS 2016 AMENDED\n14. Principal Regulations\nIn this Part, the Building Regulations 2016* are\nreferred to as the Principal Regulations.\n15. Regulation 4A inserted\nAfter regulation 4 of the Principal Regulations,\nthe following regulation is inserted in Part 1:\n4A. Adoption of National Construction Code\nFor the purposes of section 10A of the\nAct, the edition of the National\nConstruction Code published by the\nAustralian Building Codes Board entitled\nNCC 2022, and as last amended by NCC\n2022 Amendment 2 on 29 July 2025, is\nadopted.\n16. Regulation 82 amended (Access provisions of\nNational Construction Code)\nRegulation 82 of the Principal Regulations is\namended by omitting subregulation (2).\n_______________________________________________________________\n*S.R. 2016, No. 110\nGovernment Printer, Tasmania","sortOrder":0}],"analysis":{"summary":{"status_summary":"Introduced in the Tasmanian House of Assembly on 14 April 2026 and awaiting further parliamentary stages.","complexity_score":3,"likely_questions":["Does the bill change any actual building standards, or just the way they are adopted?","What is NCC 2022 and which amendments does it include?","Will existing building approvals that referenced an earlier NCC still be valid?","Why does the bill repeal itself after a year, and does that undo the amendments?","How often can the Governor amend the NCC by regulation without further parliamentary scrutiny?"],"complexity_factors":["Technical amendments to definitions and regulation-making powers in building legislation","Interaction between primary legislation and subordinate regulations for adopting national codes","One-year sunset clause for the amending Act, which may confuse readers about the permanence of changes","Multiple cross-references to sections of the Building Act and Regulations that require context from the principal legislation"],"plain_english_summary":"The Bill reforms how Tasmania adopts and amends the National Construction Code by creating a new regulation power allowing the Governor to adopt any NCC edition (in whole or part) and tailor it for Tasmania, and immediately adopts NCC 2022 (as amended to 29 July 2025) as the operative code.  \n\nIt mainly changes legal mechanics—affecting builders, certifiers and plumbers—gives the government clearer but broader discretion to update the code, includes a one‑year sunset for the amending Act, and does not itself change fees or penalties."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Bill broadens the scope of delegated executive power over technical building standards compared with the prior statutory arrangement by expressly authorising the Governor (through regulations) both to adopt an edition of the National Construction Code and to amend its provisions for Tasmania (new s.10A). It also confirms that regulations can be further amended by later regulations even where an Act has amended them (substituted s.330A). Those changes shift substantive law‑making for the NCC from primary legislation (Acts) toward subordinate legislation (regulations) and therefore expand the practical decision‑making scope of the executive. The Bill also immediately fixes the operative code by adopting NCC 2022 (reg 4A). The one‑year repeal of the amending Act (s.3) adds a temporal element that can affect legal certainty unless transitional savings are clarified."},"complexity_factors":["Single defined term replaced (definition of National Construction Code) but with conditional logic (regulations adopted OR default to latest edition) (s.5)","New broad regulation‑making power to adopt and amend the NCC including insertion/omission/amendment of provisions (new s.10A) — introduces dynamic incorporation and delegation complexity","Direct adoption of a specific NCC edition by regulation (reg 4A) combined with a power to amend it thereafter by regulation","Several cross‑reference and drafting changes across multiple sections to ensure the Act refers to the NCC \"in its application\" to Tasmania (amendments to ss.13, 14, 283, 284, 287, 289) — increases interdependence","Replacement of s.330A to confirm later regulations can amend regulations previously altered by Act — introduces layering of subordinate instruments","Temporary repeal clause for the amending Act after one year (s.3) creates transitional/legal‑effect ambiguity that requires attention","Removal of a specific subregulation (reg 82(2)) without providing its replacement text in the Bill — requires checking the existing regulation to understand the substantive change","Relatively short text but with meaningful executive delegation and several small technical changes that have outsized compliance effects"],"plain_english_summary":"**What this Bill does (mechanically)\n\n- Changes the definition of “National Construction Code” (NCC) used in the Building Act 2016 so that the NCC can be the edition expressly adopted by regulation for Tasmania, and if no such regulation exists the default is the latest edition published by the Australian Building Codes Board (s.5).\n- Inserts a new power allowing the Governor to make regulations that both adopt an edition of the NCC and amend parts of it for application in Tasmania (including inserting, omitting or changing provisions) (new s.10A).\n- Makes a number of drafting and cross‑reference adjustments so existing parts of the Building Act refer to the NCC as it is applied or modified for Tasmania (amendments to ss.13, 14, 283, 284, 287, 289).\n- Replaces a provision to confirm that a later regulation can amend or repeal regulations even where an earlier Act amended those regulations (s.330A substituted).\n- Adds a regulation that expressly adopts the NCC 2022 edition (as amended to 29 July 2025) for Tasmania (new reg 4A), and removes one sub‑paragraph of reg 82 concerning access provisions (reg 82(2) is omitted).\n- The Bill itself is drafted to repeal one year after commencement (s.3).\n\nWho this affects and how it matters\n\n- Builders, designers, certifiers, plumbers, building owners and developers: they must comply with whatever edition of the NCC is adopted for Tasmania and with any Tasmania‑specific amendments made by regulation (see s.5, new s.10A and reg 4A). That means technical design, materials and construction practices may be required to change when the regulations adopt or amend the code.\n- Regulators and the Executive (Governor/administration): gain a clearer, express power to adopt and locally amend the NCC by regulation (new s.10A). The substituted s.330A confirms that regulations can be further changed by later regulations even where an Act has amended them.\n- Parliament and stakeholders: the Bill shifts the mechanics of change from primary legislation (Acts) to subordinate legislation (regulations) for adopting and tailoring the NCC, increasing the role of the regulation‑making process for those content changes.\n\nOfficial purpose claim and testing it against costs, incentives and trade‑offs\n\n- Official purpose claim (implicit in the drafting): to enable Tasmania to adopt and tailor the NCC efficiently and to set the current operative edition (reg 4A adopts NCC 2022 as amended to 29 July 2025).\n\n- Speed and flexibility (mechanism): new s.10A allows adoption and local amendment of the NCC by regulation, which is a faster path than passing a new Act for each change. That lowers the time and transaction cost of updating technical rules.\n\n- Costs and compliance burden (who pays): the compliance costs fall mainly on businesses and practitioners in the building sector who must track and implement changes in the NCC or Tasmania‑specific amendments (s.5, new s.10A, reg 4A). There are administrative costs for the regulator drafting and consulting on changes.\n\n- Parliamentary oversight and democratic signalling (who decides): the Bill transfers substantive technical decision‑making from Acts to regulations (new s.10A). Regulations generally receive less parliamentary scrutiny than Acts; this is a trade‑off between agility and legislative oversight.\n\n- Regulatory certainty and implementation risk: dynamic incorporation (adopting the NCC and allowing it to be amended by regulation) reduces the period during which the law lags technical standards, but it raises the risk of frequent regulatory change. Frequent or poorly signalled amendments can increase compliance costs and create uncertainty for projects underway (new s.10A; reg 4A).\n\n- Concentration of costs and diffusion of benefits: costs of adapting to rule changes are concentrated on industry participants and owners; benefits (if any) from updated technical standards are diffuse (safer or more efficient buildings broadly), which may affect how vigorously different groups lobby for or against changes.\n\n- Regulatory discretion and legal clarity: permitting insertion/omission/amendment of code provisions by regulation gives the executive significant drafting scope. The substitution of s.330A clarifies that regulations amended by Act can still be changed later by regulation — reducing legal friction but increasing layering of delegated instruments.\n\n- Transitional and sunset complications: the Bill itself is set to be repealed after one year (s.3). In practice, repeal of an amending Act does not automatically undo the amendments it made to another Act; however the sunset introduces potential uncertainty unless the government and drafters provide clear transitional rules about when and how adopted or amended code provisions remain in force.\n\nPractical immediate effects to watch (section references)\n\n- If you are a builder, certifier or designer: start complying with NCC 2022 as adopted for Tasmania (reg 4A) and monitor the Department’s website and the Gazette for Tasmania‑specific amendments made under new s.10A.\n- If you advise government or industry: note the transfer of amendment power into regulation (new s.10A) and the confirmation that regulations can be further amended by regulation (s.330A). Consider process controls for timely consultation, publication and transition.\n\nBottom line (mechanical impact): The Bill centralises and clarifies the executive’s ability to adopt and tailor the National Construction Code for Tasmania by regulation and expressly adopts NCC 2022 (as at 29 July 2025). That increases regulatory agility but places the onus on industry to track and implement changes made by subordinate legislation; it also raises oversight and transitional questions because the substantive technical rules can be altered without primary legislation (new s.10A, reg 4A, s.330A, s.5)."}},"importantCases":[],"_links":{"self":"/api/acts/building-amendment-bill-2026","history":"/api/acts/building-amendment-bill-2026/history","analysis":"/api/acts/building-amendment-bill-2026/analysis","conflicts":"/api/acts/building-amendment-bill-2026/conflicts","importantCases":"/api/acts/building-amendment-bill-2026/important-cases","documents":"/api/acts/building-amendment-bill-2026/documents"}}