{"id":"a-2026-2","name":"Building and Construction Legislation Amendment Act 2026","slug":"building-and-construction-legislation-amendment-act-2026","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"2 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23193,"registerId":"act-a-2026-2-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Building and Construction Legislation Amendment Act 2026","content":"J2025-154\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBuilding and Construction Legislation\nAmendment Act 2026\nA2026-2\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\nPart 2 Building Act 2004\n4 Completion of building work\nSection 48 (3) (e) 4\n5 Section 48 (3) (n) (ii) 4\n\nContents\nPage\ncontents 2 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Approval of building manual\nSection 48A (3) 4\n7 Notification by certifier of contraventions of building and development\napprovals—building work\nSection 50 (3), example 4\n8 Definitions—pt 5A\nSection 83 (1), definition of compliance certificate 4\n9 Section 83 (1), new definitions 5\n10 Subdivision 5A.2.2 and section 83K headings 5\n11 Section 83K (1) 6\n12 Section 83K (1) (a) and (b) 6\n13 Section 83K (2) 6\n14 Section 83K (3) 7\n15 Section 83K (4) 7\n16 Section 83K (5) 7\n17 Section 83K (5) (a) 7\n18 Section 83K (5) (b) 8\n19 Section 83K (6) (b) 8\n20 Section 83K (6) (b) 8\n21 Section 83K (6) (c) 8\n22 Section 83L heading 9\n23 Section 83L (1) 9\n24 Section 83L (1) (c) 9\n25 Section 83M heading 9\n26 Section 83M (1) (c) and (d) 9\n27 Section 83M (1) (e) 10\n28 New section 83M (3) 10\n29 Section 83OB heading 11\n30 Section 83OB (1) (c) 11\n31 Section 83OB (1) (d) and (e) 11\n32 New section 83OB (3) 11\n33 Authorised person\nSection 83P (6) (b) 12\n\nContents\nPage\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n34 Dictionary, definition of compliance certificate 12\n35 Dictionary, new definitions 12\nPart 3 Building (General) Regulation 2008\n36 Standing exemptions\nTable 36E, item 2, column 2 13\nPart 4 Construction Occupations (Licensing)\nAct 2004\n37 What is an operational Act?\nSection 16, new dot points 14\n38 Notification requirements for licensees\nSection 26B (1) 14\n39 Section 26B (1) (b) (ii) 14\n40 Section 28 heading 14\n41 Section 28 (5) to (8) and example 14\n42 New section 28A 15\n43 Rectification order—licensee or former licensee wound up etc before\norder made\nSection 39A (1) (c) (ii) 16\n44 Section 39A (2) (a) 16\n45 Section 39B heading 16\n46 Section 39B (1) (c) (ii) 16\n47 Automatic suspension of corporate licence\nSection 49 (2) (b) 16\n48 Automatic suspension of licence—no nominee\nSection 50A (2), note 17\n49 Dictionary, definition of nominee 17\nPart 5 Construction Occupations (Licensing)\nRegulation 2004\n50 Section 19 heading 18\n51 Section 19 18\n52 Section 19 18\n\nContents\nPage\ncontents 4 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Gas Safety Act 2000\n53 Offence—unsafe medical gas system\nSection 12A (c) (ii) 19\nPart 7 Professional Engineers Act 2023\n54 Definitions—div 10.1\nSection 74 (2), definition of operational Act, new paragraph (fa) 20\n55 Incorporating, applying or adopting documents in regulations and\ncertain instruments\nSection 87 (1) (b) 20\nPart 8 Property Developers Act 2024\n56 Registrar must keep register\nSection 25 (2) (d) 21\n57 Section 25 (6) 21\n58 Dictionary, definition of relevant law, new paragraph (ca) 21\n59 Dictionary, definition of relevant law, new note 21\nSchedule 1 Consequential amendments 22\nPart 1.1 Civil Law (Sale of Residential Property)\nRegulation 2004 22\nPart 1.2 Residential Tenancies Regulation 1998 23\n\nJ2025-154\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBuilding and Construction Legislation\nAmendment Act 2026\nA2026-2\nAn Act to amend legislation about building and construction, and for other\npurposes\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nPart 1 Preliminary\nSection 1\npage 2 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Building and Construction Legislation Amendment\nAct 2026.\n2 Commencement\n(1) This Act (other than the provisions mentioned in subsections (2)\nto (5)) commences on the 7th day after its notification day.\nNote The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\n(2) Section 6 commences on the day the Property Developers Act 2024,\nschedule 2, amendment 2.6 commences.\n(3) Sections 29 to 32 commence on the day the Building (Swimming Pool\nSafety) Legislation Amendment Act 2023, section 6 commences.\n(4) Sections 3, 56 and 57 commence on the day after this Act’s\nnotification day.\n(5) Schedule 1, amendments 1.3 and 1.4 commence on the day the\nBuilding (Swimming Pool Safety) Legislation Amendment Act 2023,\nsection 29 commences.\n3 Legislation amended\nThis Act amends the following legislation:\n• Building Act 2004\n• Building (General) Regulation 2008\n• Construction Occupations (Licensing) Act 2004\n• Construction Occupations (Licensing) Regulation 2004\n• Gas Safety Act 2000\n\nPreliminary Part 1\nSection 3\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• Professional Engineers Act 2023\n• Property Developers Act 2024.\nNote This Act also amends other legislation (see sch 1).\n\nPart 2 Building Act 2004\nSection 4\npage 4 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Building Act 2004\n4 Completion of building work\nSection 48 (3) (e)\nsubstitute\n(e) a copy of any notice given to the certifier under section 43 (2);\n5 Section 48 (3) (n) (ii)\nafter\ndrawings\ninsert\nshowing the completed building work\n6 Approval of building manual\nSection 48A (3)\nomit\nmay only\nsubstitute\nmust\n7 Notification by certifier of contraventions of building and\ndevelopment approvals—building work\nSection 50 (3), example\nomit\n8 Definitions—pt 5A\nSection 83 (1), definition of compliance certificate\nomit\n\nBuilding Act 2004 Part 2\nSection 9\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Section 83 (1), new definitions\ninsert\ncompliance status certificate, for a regulated swimming pool—see\nsection 83K (1).\ncomplete exemption means a Ministerial exemption or standing\nexemption that exempts a regulated swimming pool from all of the\nsafety standards.\npartial Ministerial exemption means a Ministerial exemption that\nexempts a regulated swimming pool from only part of the safety\nstandards.\n10 Subdivision 5A.2.2 and section 83K headings\nsubstitute\nSubdivision 5A.2.2 Compliance status certificates\n83JA Application—sdiv 5A.2.2\nThis subdivision does not apply in relation to a regulated swimming\npool if—\n(a) the pool is subject to a complete exemption; or\n(b) both of the following documents have been issued in relation to\nall of the safety barrier for the pool:\n(i) a building approval for the erection or alteration of a safety\nbarrier for the pool that, if erected or altered in accordance\nwith the plans, will comply with the safety standards, to\nthe extent that the pool is not subject to a partial Ministerial\nexemption;\n\nPart 2 Building Act 2004\nSection 11\npage 6 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) a certificate of occupancy for the safety barrier for the pool\nstating that the safety barrier was erected or altered in\naccordance with the building approval mentioned in\nsubparagraph (i).\n83K Compliance status certificates\n11 Section 83K (1)\nomit\n(the owner) a written certificate (a compliance certificate)\nsubstitute\n(the pool owner) a written certificate (a compliance status certificate)\n12 Section 83K (1) (a) and (b)\nomit\nMinisterial exemption\nsubstitute\npartial Ministerial exemption\n13 Section 83K (2)\nomit\nthe owner a compliance certificate\nsubstitute\nthe pool owner a compliance status certificate\n\nBuilding Act 2004 Part 2\nSection 14\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Section 83K (3)\nomit\nthe owner\nsubstitute\nthe pool owner\n15 Section 83K (4)\nomit\nthe owner a compliance certificate\nsubstitute\nthe pool owner a compliance status certificate\n16 Section 83K (5)\nomit\ngiven the owner\nsubstitute\ngiven the pool owner\n17 Section 83K (5) (a)\nomit\nthe owner a compliance certificate\nsubstitute\nthe pool owner a compliance status certificate\n\nPart 2 Building Act 2004\nSection 18\npage 8 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Section 83K (5) (b)\nomit\ncompliance certificate to the owner\nsubstitute\ncompliance status certificate to the pool owner\n19 Section 83K (6) (b)\nomit\ncompliance certificate\nsubstitute\ncompliance status certificate\n20 Section 83K (6) (b)\nomit\nMinisterial exemption\nsubstitute\npartial Ministerial exemption\n21 Section 83K (6) (c)\nomit\ncompliance certificate\nsubstitute\ncompliance status certificate\n\nBuilding Act 2004 Part 2\nSection 22\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Section 83L heading\nsubstitute\n83L Period for which compliance status certificate in force\n23 Section 83L (1)\nomit\ncompliance certificate\nsubstitute\ncompliance status certificate\n24 Section 83L (1) (c)\nomit\nMinisterial exemption\nsubstitute\npartial Ministerial exemption\n25 Section 83M heading\nsubstitute\n83M Failure to lodge compliance status certificate etc for\nregulated swimming pool\n26 Section 83M (1) (c) and (d)\nsubstitute\n(c) the pool is not subject to complete exemption; and\n(d) the relevant documents have not been issued for all of the safety\nbarrier for the pool; and\n\nPart 2 Building Act 2004\nSection 27\npage 10 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(da) the person is given a compliance status certificate by an\nauthorised person before 1 May 2028; and\n(db) the person fails to lodge the compliance status certificate, with\nany partial exemption certificate, with the construction\noccupations registrar within 30 days after the day the person\nreceives the compliance status certificate; and\n27 Section 83M (1) (e)\nomit\nsubsection (1) (d)\nsubstitute\nparagraph (db)\n28 New section 83M (3)\ninsert\n(3) In this section:\npartial exemption certificate means an exemption certificate that\nexempts a regulated swimming pool from only part of the safety\nstandards.\nrelevant documents, in relation to a safety barrier for a regulated\nswimming pool, means both of the following:\n(a) a building approval for the erection or alteration of a safety\nbarrier for the pool that, if erected or altered in accordance with\nthe plans, will comply with the safety standards, to the extent\nthat the pool is not subject to a partial Ministerial exemption;\n(b) a certificate of occupancy for the pool stating that the safety\nbarrier was erected or altered in accordance with the building\napproval mentioned in paragraph (a).\n\nBuilding Act 2004 Part 2\nSection 29\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Section 83OB heading\nsubstitute\n83OB Failure to obtain compliance status certificate for\nregulated swimming pool\n30 Section 83OB (1) (c)\nsubstitute\n(c) the pool is not subject to a complete exemption; and\n(ca) the relevant documents have not been issued for all of the safety\nbarrier for the pool; and\n31 Section 83OB (1) (d) and (e)\nomit\ncompliance certificate\nsubstitute\ncompliance status certificate\n32 New section 83OB (3)\ninsert\n(3) In this section:\nrelevant documents, in relation to a safety barrier for a regulated\nswimming pool, means both of the following:\n(a) a building approval for the erection or alteration of a safety\nbarrier for the pool that, if erected or altered in accordance with\nthe plans, will comply with the safety standards, to the extent\nthat the pool is not subject to a partial Ministerial exemption;\n\nPart 2 Building Act 2004\nSection 33\npage 12 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a certificate of occupancy for the pool stating that the safety\nbarrier was erected or altered in accordance with the building\napproval mentioned in paragraph (a).\n33 Authorised person\nSection 83P (6) (b)\nomit\ncompliance certificates\nsubstitute\ncompliance status certificates\n34 Dictionary, definition of compliance certificate\nomit\n35 Dictionary, new definitions\ninsert\ncompliance status certificate, for a regulated swimming pool, for\npart 5A (Regulated swimming pools)—see section 83K (1).\ncomplete exemption, for part 5A (Regulated swimming pools)—see\nsection 83K (1).\npartial Ministerial exemption, for part 5A (Regulated swimming\npools)—see section 83K (1).\n\nBuilding (General) Regulation 2008 Part 3\nSection 36\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Building (General)\nRegulation 2008\n36 Standing exemptions\nTable 36E, item 2, column 2\nomit\nbuilt before 1 May 2023\n\nPart 4 Construction Occupations (Licensing) Act 2004\nSection 37\npage 14 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Construction Occupations\n(Licensing) Act 2004\n37 What is an operational Act?\nSection 16, new dot points\ninsert\n• Professional Engineers Act 2023\n• Property Developers Act 2024\n38 Notification requirements for licensees\nSection 26B (1)\nomit\n(a notification event);\nsubstitute\n(a notification event):\n39 Section 26B (1) (b) (ii)\nsubstitute\n(ii) the corporation is placed into administration, receivership\nor liquidation;\n40 Section 28 heading\nsubstitute\n28 Eligibility for licence—corporations and partnerships\n41 Section 28 (5) to (8) and example\nomit\n\nConstruction Occupations (Licensing) Act 2004 Part 4\nSection 42\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n42 New section 28A\ninsert\n28A Nominees of corporations or partnerships\n(1) A corporation or partnership may, in writing, appoint an individual to\nbe a nominee if the individual—\n(a) meets any eligibility requirements prescribed by regulation; and\n(b) is licensed in the construction occupation and occupation class\n(if any) appropriate for each of the construction services for\nwhich the individual is to be responsible; and\n(c) agrees in writing to the appointment.\n(2) If the nominee is to be responsible for the adequate supervision of\nonly some of the construction services to be provided by the\ncorporation or partnership, the appointment must state the services\nfor which the nominee is responsible.\n(3) A nominee of a corporation or partnership for a construction service,\nconstruction occupation or occupation class automatically stops being\na nominee for the service, occupation or class if the nominee stops\nbeing eligible to be appointed as a nominee for the service, occupation\nor class.\nExample\nSatnam is a class A builder and is the appointed nominee for a corporation that\nprovides construction services. The registrar applies to the ACAT for an\noccupational discipline order and the ACAT orders the cancellation of Satnam’s\nclass A builders licence. The cancellation of the licence means that Satnam is not\neligible to be a nominee and his appointment as a nominee automatically ends.\nThere is no need for Satnam to resign as nominee or for the corporation to revoke\nhis appointment.\n\nPart 4 Construction Occupations (Licensing) Act 2004\nSection 43\npage 16 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43 Rectification order—licensee or former licensee wound\nup etc before order made\nSection 39A (1) (c) (ii)\nsubstitute\n(ii) the entity is placed into administration, receivership or\nliquidation; or\n44 Section 39A (2) (a)\nomit\nor a controller or administrator was appointed for the entity or the\nentity was deregistered\nsubstitute\nplaced into administration, receivership or liquidation or deregistered\n45 Section 39B heading\nsubstitute\n39B Rectification order—licensee or former licensee wound\nup etc after order made\n46 Section 39B (1) (c) (ii)\nsubstitute\n(ii) the entity is placed into administration, receivership or\nliquidation; or\n47 Automatic suspension of corporate licence\nSection 49 (2) (b)\nsubstitute\n(b) is placed into administration, receivership or liquidation; or\n\nConstruction Occupations (Licensing) Act 2004 Part 4\nSection 48\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n48 Automatic suspension of licence—no nominee\nSection 50A (2), note\nomit\n(see s 28)\nsubstitute\n(see s 28A)\n49 Dictionary, definition of nominee\nomit\nsection 28\nsubstitute\nsection 28A\n\nPart 5 Construction Occupations (Licensing) Regulation 2004\nSection 50\npage 18 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Construction Occupations\n(Licensing) Regulation 2004\n50 Section 19 heading\nsubstitute\n19 Eligibility requirements for nominees—Act, s 28A (1) (a)\n51 Section 19\nomit everything before paragraph (a), substitute\nAn individual must meet all of the following eligibility requirements:\n52 Section 19\nomit\n; and\nsubstitute\n;\n\nGas Safety Act 2000 Part 6\nSection 53\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Gas Safety Act 2000\n53 Offence—unsafe medical gas system\nSection 12A (c) (ii)\nbefore\nthe person\ninsert\nthe construction occupations registrar and\n\nPart 7 Professional Engineers Act 2023\nSection 54\npage 20 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Professional Engineers Act 2023\n54 Definitions—div 10.1\nSection 74 (2), definition of operational Act, new\nparagraph (fa)\ninsert\n(fa) Property Developers Act 2024;\n55 Incorporating, applying or adopting documents in\nregulations and certain instruments\nSection 87 (1) (b)\nsubstitute\n(b) an instrument made under—\n(i) section 83 (Qualifications, experience and competencies\nfor professional engineers); or\n(ii) section 84 (Continuing professional development for\nprofessional engineers); or\n(iii) section 85 (Codes of practice).\n\nProperty Developers Act 2024 Part 8\nSection 56\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Property Developers Act 2024\n56 Registrar must keep register\nSection 25 (2) (d)\nomit\nand director identification numbers\n57 Section 25 (6)\nomit\n58 Dictionary, definition of relevant law, new paragraph (ca)\ninsert\n(ca) the Community Housing Providers National Law (ACT);\n59 Dictionary, definition of relevant law, new note\ninsert\nNote The Community Housing Providers National Law (ACT) Act 2013, s 7\napplies the Community Housing Providers National Law set out in the\nCommunity Housing Providers (Adoption of National Law) Act 2012\n(NSW) appendix as if it were an ACT law called the Community Housing\nProviders National Law (ACT).\n\nSchedule 1 Consequential amendments\nPart 1.1 Civil Law (Sale of Residential Property) Regulation 2004\nAmendment [1.1]\npage 22 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Consequential amendments\n(see s 3)\nPart 1.1 Civil Law (Sale of Residential\nProperty) Regulation 2004\n[1.1] Section 10B (1) and (2)\nomit\ncompliance certificate\nsubstitute\ncompliance status certificate\n[1.2] Section 10B (3), definition of compliance certificate\nsubstitute\ncompliance status certificate, for a regulated swimming pool—see\nthe Building Act 2004, section 83K (1).\n[1.3] Section 10B (1) to (3)\nomit\ncompliance certificate\nsubstitute\ncompliance status certificate\n[1.4] Section 10B (4), definition of compliance certificate\nsubstitute\ncompliance status certificate, for a regulated swimming pool—see\nthe Building Act 2004, section 83K (1).\n\nConsequential amendments Schedule 1\nResidential Tenancies Regulation 1998 Part 1.2\nAmendment [1.5]\nA2026-2 Building and Construction Legislation Amendment\nAct 2026\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1.2 Residential Tenancies\nRegulation 1998\n[1.5] Section 1AAB (3) and (4)\nomit\ncompliance certificate\nsubstitute\ncompliance status certificate\n[1.6] Section 1AAB (6), definition of compliance certificate\nsubstitute\ncompliance status certificate, for a regulated swimming pool—see\nthe Building Act 2004, section 83K (1).\n\npage 24 Building and Construction Legislation Amendment\nAct 2026\nA2026-2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 23 October 2025.\n2 Notification\nNotified under the Legislation Act on 16 February 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\nI certify that the above is a true copy of the Building and Construction Legislation\nAmendment Bill 2026, which originated in the Legislative Assembly as the\nBuilding and Construction Legislation Amendment Bill 2025 (No 2) and was\npassed by the Assembly on 4 February 2026.\nClerk of the Legislative Assembly\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act modifies the scope of compliance and supervisory duties: it redefines pool compliance documentation and who must lodge it (Building Act ss 83K, 83M, 83OB), narrows application where complete exemptions apply (s 83JA), and creates firm-level accountability through nominees for corporate/partnership licences (Construction Occupations (Licensing) Act s 28A). It also broadens automatic licence suspension and rectification triggers to cover administration/receivership/liquidation (ss 39A, 39B, 49), and extends regulator notification/enforcement linkages (Gas Safety s 12A(c)(ii); Professional Engineers ss 74, 87)."},"complexity_factors":["Wide cross‑legislation scope: amendments span Building Act 2004, Building (General) Reg 2008, Construction Occupations (Licensing) Act/Reg 2004, Gas Safety Act 2000, Professional Engineers Act 2023 and Property Developers Act 2024 (see s 3 and sch 1).","Terminology and compliance point changes for regulated swimming pools: replaces 'compliance certificate' with 'compliance status certificate' and introduces 'pool owner', partial/complete exemption concepts and related lodging rules (Building Act ss 83, 83K–83M, 83OB).","New nominee regime for corporations/partnerships: creates appointment, eligibility and automatic cessation rules and links to regulation for eligibility requirements (Construction Occupations (Licensing) Act s 28A; Reg r 19).","Adjusted insolvency/suspension triggers: expands automatic suspension/rectification triggers to include administration, receivership or liquidation (Construction Occupations (Licensing) Act ss 39A, 39B, 49 and related edits).","Operational and enforcement tie‑ins: adds construction occupations registrar into gas‑safety offence provisions and updates instrument incorporation powers for professional engineers (Gas Safety s 12A(c)(ii); Professional Engineers ss 74, 87).","Transitional and commencement complexity: varied commencement dates for specific sections tied to other Acts and schedules (ss 2(2)–(5)).","Consequential amendments across subordinate instruments: multiple regulatory provisions and dictionaries amended to reflect new terms and duties (sch 1; Building (General) Reg r 36E)."],"plain_english_summary":"This Act makes technical amendments across building, construction-licensing, gas-safety, professional-engineer and property-developer laws. It renames the swimming-pool “compliance certificate” to a “compliance status certificate,” tightens what pool safety documents must be issued and lodged, establishes a nominee regime for corporate/partnership licences, and adds insolvency and notification triggers.\n\nThe changes affect pool owners, certifiers, licensed firms, nominees and registrars by shifting documentary and reporting duties, changing when licences suspend, and altering enforcement and registry obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of amending building and construction legislation. While it touches multiple Acts, these are all within the building and construction regulatory framework. The swimming pool safety changes expand slightly on the original 2023 amendments but remain within the scope of pool safety regulation. The corporate insolvency updates are technical clarifications rather than scope expansion."},"complexity_factors":["Extensive cross-referencing between multiple Acts (Building Act, Construction Occupations Act, Gas Safety Act, Professional Engineers Act, Property Developers Act) and regulations","Staged commencement dates with 5 different commencement triggers tied to notification days and other legislation commencement dates","Nested conditional logic for swimming pool exemptions (complete vs partial exemptions, building approval + occupancy certificate combinations)","Terminology substitution throughout (changing 'compliance certificate' to 'compliance status certificate' across multiple sections and Acts)","New defined terms with circular references (terms defined by reference to section 83K(1) which itself uses those terms)","Technical amendments to existing penalty and offence provisions without restating the full context","Consequential amendments in Schedule 1 requiring readers to cross-reference external regulations"],"plain_english_summary":"This bill makes technical but consequential updates to ACT building and construction law, chiefly clarifying swimming‑pool safety certification (renaming certificates, streamlining exemptions, setting a 1 May 2028 deadline and lodgement rules). It tightens documentation and approval requirements for building work, reorganises corporate nominee and insolvency rules for licence holders, and adds or updates related operational laws and notification duties. It mostly affects pool owners, certifiers, licensed builders/companies and regulators by clarifying obligations and improving regulatory coherence."}},"importantCases":[],"_links":{"self":"/api/acts/building-and-construction-legislation-amendment-act-2026","history":"/api/acts/building-and-construction-legislation-amendment-act-2026/history","analysis":"/api/acts/building-and-construction-legislation-amendment-act-2026/analysis","conflicts":"/api/acts/building-and-construction-legislation-amendment-act-2026/conflicts","importantCases":"/api/acts/building-and-construction-legislation-amendment-act-2026/important-cases","documents":"/api/acts/building-and-construction-legislation-amendment-act-2026/documents"}}