{"id":"sl-2025-22","name":"Civil Law (Sale of Residential Property) Amendment Regulation 2025 (No 1)","slug":"civil-law-sale-of-residential-property-amendment-regulation-2025-no-1","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"22 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173282,"registerId":"act-sl-2025-22-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Law (Sale of Residential Property) Amendment Regulation 2025 (No 1)","content":"J2024-1061\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Sale of Residential Property)\nAmendment Regulation 2025 (No 1)\nSubordinate Law SL2025-22\nThe Australian Capital Territory Executive makes the following regulation under\nthe Civil Law (Sale of Residential Property) Act 2003.\nDated 21 October 2025.\nANDREW BARR\nChief Minister\nTARA CHEYNE\nMinister\n\n\n\nJ2024-1061\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCivil Law (Sale of Residential Property)\nAmendment Regulation 2025 (No 1)\nSubordinate Law SL2025-22\nmade under the\nCivil Law (Sale of Residential Property) Act 2003\n1 Name of regulation\nThis regulation is the Civil Law (Sale of Residential Property)\nAmendment Regulation 2025 (No 1).\n2 Commencement\nThis regulation commences on the commencement of the Property\nDevelopers Act 2024, schedule 2, part 2.4.\nNote The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\n\nSection 3\npage 2 Civil Law (Sale of Residential Property)\nAmendment Regulation 2025 (No 1)\nSL2025-22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation amended\nThis regulation amends the Civil Law (Sale of Residential Property)\nRegulation 2004.\n4 New sections 12A to 12C\nin part 2, insert\n12A People excluded from off-the-plan seller licence\nrequirements—Act, s 19AB (2) (c)\nA person is excluded if—\n(a) the regulated residential building has previously been sold under\nan off-the-plan contract; and\n(b) the person was not the seller or a related entity of the seller under\nthe first off-the-plan contract for the sale of the building; and\n(c) the person is not a property developer within the meaning of the\nProperty Developers Act 2024, part 5.\n12B People excluded from off-the-plan advertising licence\nrequirements—Act, s 19AC (2) (c)\nA person is excluded if—\n(a) the regulated residential building has previously been sold under\nan off-the-plan contract; and\n(b) neither the proposed seller, nor any related entity of the\nproposed seller, was the seller under the first off-the-plan\ncontract for the sale of the building.\n\nSection 4\nSL2025-22 Civil Law (Sale of Residential Property)\nAmendment Regulation 2025 (No 1)\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12C Additional disclosure requirements—Act, s 19AD (1) (c)\n(1) This section applies to a seller excluded from licence requirements\nunder section 12A.\n(2) The following matters are prescribed:\n(a) the property developer licence number of the previous seller or\nits related entity under the first off-the-plan contract for the sale\nof the building;\n(b) a statement that the register under the Property Developers\nAct 2024, section 25 contains information about property\ndevelopers licensed under that Act.\nEndnotes\n1 Notification\nNotified under the Legislation Act on 30 October 2025.\n2 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose—regulating off-the-plan sales. The amendments are tightly scoped to address a specific gap (subsequent sellers of off-the-plan properties) that emerged from the interaction between the existing Act and the new Property Developers Act 2024. No scope creep detected."},"complexity_factors":["Very short instrument: only 4 substantive sections","Minimal defined terms: relies on definitions in parent Act (Civil Law (Sale of Residential Property) Act 2003) and Property Developers Act 2024","Simple conditional logic: three cumulative conditions in sections 12A and 12B using straightforward 'and' conjunctions","No nested exceptions or cross-references beyond basic references to parent legislation sections","Single purpose amendment: creates specific exclusions and one disclosure obligation without broader structural changes"],"plain_english_summary":"This regulation changes ACT off-the-plan resale rules so people reselling a property that was already sold once off-the-plan (and who aren’t the original developer) don’t need seller or advertising licences. Exempt sellers must disclose the original developer’s licence number and inform buyers about the public register for developer details. It affects investor-resellers, buyers of these second-hand off-the-plan units, and agents—avoiding double-licensing while preserving transparency."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument narrows who must hold off‑the‑plan seller and advertising licences by adding exclusions for certain subsequent sellers and advertisers (see ss 12A–12B), while adding limited disclosure obligations for those excluded sellers (s 12C). The practical scope thus shifts: fewer parties must obtain licences, but excluded sellers must verify and disclose the previous seller’s property‑developer licence number and inform buyers about the developers register (s 12C(2)). The change takes effect when the Property Developers Act 2024 provision specified at commencement begins (s 2)."},"complexity_factors":["Cross-references to the Property Developers Act 2024 (commencement link: s 2; exclusion depends on definition of 'property developer' in that Act) — see s 12A(c) and s 12C(2)(a).","Conditional exclusions tied to prior off‑the‑plan sales, requiring determination whether a building was 'previously sold under an off‑the‑plan contract' (s 12A(a), 12B(a)).","Reliance on external definitions (for example 'related entity', 'proposed seller', 'seller', and 'first off‑the‑plan contract') located outside this regulation, increasing interpretation work for practitioners (see ss 12A–12B).","New verification and disclosure burdens on excluded sellers: must provide prior seller’s licence number and a statement about the register (s 12C(2)(a)–(b)), creating administrative and evidentiary duties.","Commencement timing is tethered to the separate Property Developers Act 2024 (s 2), so practical effect depends on that Act’s staged commencement.","Potential ambiguity in who may claim the exclusion (for example transferees, strata resales, or related-entity transfers), which may produce case-by-case compliance decisions (ss 12A–12B)."],"plain_english_summary":"This regulation amends ACT rules for off‑the‑plan residential sales. It excludes certain resale sellers and advertisers from off‑the‑plan licence requirements when a building was already sold off‑the‑plan and the current seller wasn’t the original seller or a related entity (and is not a licensed property developer). Excluded sellers must disclose the previous seller’s property‑developer licence number and that a property developers register exists."}},"importantCases":[],"_links":{"self":"/api/acts/civil-law-sale-of-residential-property-amendment-regulation-2025-no-1","history":"/api/acts/civil-law-sale-of-residential-property-amendment-regulation-2025-no-1/history","analysis":"/api/acts/civil-law-sale-of-residential-property-amendment-regulation-2025-no-1/analysis","conflicts":"/api/acts/civil-law-sale-of-residential-property-amendment-regulation-2025-no-1/conflicts","importantCases":"/api/acts/civil-law-sale-of-residential-property-amendment-regulation-2025-no-1/important-cases","documents":"/api/acts/civil-law-sale-of-residential-property-amendment-regulation-2025-no-1/documents"}}