{"id":"sl-2025-20","name":"Property Developers Regulation 2025","slug":"property-developers-regulation-2025","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"20 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173590,"registerId":"act-sl-2025-20-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Property Developers Regulation 2025","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nProperty Developers Regulation 2025\nSL2025-20\nmade under the\nProperty Developers Act 2024\nRepublication No 2\nEffective: 5 November 2025\nRepublication date: 5 November 2025\nRegulation not amended\n(republication for commenced provisions)\nNot all provisions are in force: see last endnote\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Property Developers Regulation 2025, made under the Property\nDevelopers Act 2024 (including any amendment made under the Legislation Act 2001, part 11.3\n(Editorial changes)) as in force on 5 November 2025. It also includes any commencement, repeal\nor expiry affecting this republished law to 5 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n05/11/25\nProperty Developers Regulation 2025\nEffective: 05/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nProperty Developers Regulation 2025\nmade under the\nProperty Developers Act 2024\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n2 Commencement 2\n3 Dictionary 2\n4 Notes 2\nPart 2 Licensing of property developers\n5 Information to be included in licence application—Act, s 11 (2) (d) 3\n6 Information to be included in licence renewal application—Act,\ns 13 (2) (e) 4\n\nContents\nPage\ncontents 2 Property Developers Regulation 2025\nEffective: 05/11/25\nR2\n05/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Action against property developers and\ndirectors\n7 Application—pt 3 5\n8 People excluded from def property developer—Act, s 46 (2) 5\n9 Excluded directors—Act, s 52 (4) (b) 7\nPart 4 Regulated residential buildings and\nresidential building work\n10 Application—pt 4 8\n11 Excluded buildings—Act, dict, def regulated residential building,\npar (b) 8\n12 Excluded building work—Act, dict, def residential building work, par (b) 8\nPart 5 Miscellaneous\n13 People arranging residential building work must comply with code of\npractice—Act, s 117 (1) (b) 9\nPart 6 Delayed amendment\n14 Legislation amended—pt 6 10\n15 Section 8 (2), definition of off-the-plan contract 10\nDictionary 11\nEndnotes\n1 About the endnotes 12\n2 Abbreviation key 12\n3 Legislation history 13\n4 Earlier republications 13\n5 Uncommenced provisions 13\n\nR2\n05/11/25\nProperty Developers Regulation 2025\nEffective: 05/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nProperty Developers Regulation 2025\nmade under the\nProperty Developers Act 2024\n\nPart 1 Preliminary\nSection 1\npage 2 Property Developers Regulation 2025\nEffective: 05/11/25\nR2\n05/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Property Developers Regulation 2025.\n2 Commencement\n(1) This regulation (other than parts 2 and 6) commences on the day after\nits notification day.\nNote The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\n(2) Part 2 commences on the commencement of the Act, section 11\n(Applications for licence).\n(3) Part 6 commences on the commencement of the Act, schedule 2,\npart 2.4.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘registered community housing\nprovider—see the Community Housing Providers National Law (ACT),\nsection 4 (1).’ means that the term ‘registered community housing\nprovider’ is defined in that section and the definition applies to this\nregulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\n\nLicensing of property developers Part 2\nSection 5\nR2\n05/11/25\nProperty Developers Regulation 2025\nEffective: 05/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Licensing of property developers\n5 Information to be included in licence application—Act,\ns 11 (2) (d)\n(1) The following information is prescribed:\n(a) the information mentioned in the Act, section 25 (2) (a), (b), (e)\nand (j);\n(b) if the applicant is a corporation—\n(i) the director identification number of any person who is a\ndirector or has been a director at any time since the relevant\nday; and\n(ii) details about any entity that is an associated entity or has\nbeen an associated entity at any time since the relevant day;\nand\n(iii) if a current or former associated entity of the applicant is a\ncorporation—the director identification number of any\nperson who is a director or has been a director at any time\nsince the relevant day;\n(c) if the applicant is a registered community housing provider—\nevidence of the applicant’s registration.\n(2) For subsection (1) (a), a reference to a licensee in the Act,\nsection 25 (2) is taken to be a reference to an applicant.\n(3) In this section:\ndirector identification number means a director identification\nnumber under the Corporations Act, section 9.\nrelevant day means 1 October 2025.\n\nPart 2 Licensing of property developers\nSection 6\npage 4 Property Developers Regulation 2025\nEffective: 05/11/25\nR2\n05/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Information to be included in licence renewal\napplication—Act, s 13 (2) (e)\n(1) The following information is prescribed:\n(a) the information mentioned in the Act, section 25 (2) (a), (b), (e)\nand (j);\n(b) if the applicant is a corporation—\n(i) the director identification number of any person who is a\ndirector or has been a director at any time since the relevant\nday; and\n(ii) details about any entity that is an associated entity or has\nbeen an associated entity at any time since the relevant day;\nand\n(iii) if a current or former associated entity of the applicant is a\ncorporation—the director identification number of any\nperson who is a director or has been a director at any time\nsince the relevant day;\n(c) if the applicant is a registered community housing provider—\nevidence of the applicant’s registration.\n(2) In this section:\ndirector identification number means a director identification\nnumber under the Corporations Act, section 9.\nrelevant day means 1 October 2025.\n\nAction against property developers and directors Part 3\nSection 7\nR2\n05/11/25\nProperty Developers Regulation 2025\nEffective: 05/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Action against property\ndevelopers and directors\n7 Application—pt 3\nThis part applies in relation to a person after 10 July 2024.\n8 People excluded from def property developer—Act,\ns 46 (2)\n(1) The following people are excluded:\n(a) a person who contracts or arranges for, or facilitates or otherwise\ncauses the residential building work to be undertaken only\nbecause they—\n(i) provide advice in relation to the building work in their\ncapacity as a professional; or\nExample\na consultant, employed in that capacity by a firm of consultants\nengaged by a property developer to provide advice in relation to the\nbuilding work\n(ii) provide an assessment or certification service in relation to\nthe building work in accordance with the Construction\nOccupations (Licensing) Act 2004 or an operational Act\nunder that Act; or\n(iii) provide a financial service in relation to the building work;\nor\n(iv) act in their capacity as a person engaged to undertake a\nparticular part of the building work, and are not engaged as\nthe principal builder or to make decisions in relation to the\nbuilding work more generally; or\nExample\nan electrician subcontracted by the principal builder to undertake\nelectrical wiring work\n\nPart 3 Action against property developers and directors\nSection 8\npage 6 Property Developers Regulation 2025\nEffective: 05/11/25\nR2\n05/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(v) act in their capacity as an employee or subcontractor of a\nperson excluded under subparagraph (iv); or\n(vi) act in their capacity as an employee of a property developer\nfor the building work; or\n(vii) act in their capacity as a registered liquidator of a property\ndeveloper for the building work; or\n(viii) are a buyer under an off-the-plan contract, including a\nbuyer who later sells their interest under the contract;\n(b) a person licensed to undertake the residential building work\nunder the Construction Occupations (Licensing) Act 2004 in the\noccupation class of owner-builder.\n(2) In this section:\nassessment or certification service means any of the following\nservices within the meaning of the Construction Occupations\n(Licensing) Act 2004:\n(a) a building assessment service;\n(b) a building certification service;\n(c) an exemption assessment service;\n(d) a plumbing plan certification service;\n(e) a works assessment service.\nelectrical wiring work—see the Electricity Safety Act 1971,\ndictionary.\nfinancial service—see the Corporations Act, section 766A.\noff-the-plan contract—see the Civil Law (Sale of Residential\nProperty) Act 2003, section 19A (1).\n\nAction against property developers and directors Part 3\nSection 9\nR2\n05/11/25\nProperty Developers Regulation 2025\nEffective: 05/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprofessional—\n(a) means a person who provides professional advice to more than\n1 client; but\n(b) does not include a person who provides professional advice to a\nclient in their capacity as an employee of the client.\nregistered liquidator—see the Corporations Act, schedule 2,\nsection 5-5.\n9 Excluded directors—Act, s 52 (4) (b)\nThe following people are excluded:\n(a) if the property developer is a registered community housing\nprovider—a person who was a director of the registered\ncommunity housing provider;\n(b) if the property developer is a wholly-owned subsidiary of a\nregistered community housing provider—a person who was a\ndirector of the subsidiary.\n\nPart 4 Regulated residential buildings and residential building work\nSection 10\npage 8 Property Developers Regulation 2025\nEffective: 05/11/25\nR2\n05/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Regulated residential buildings\nand residential building work\n10 Application—pt 4\nThis part applies in relation to a building or building work after\n10 July 2024.\n11 Excluded buildings—Act, dict, def regulated residential\nbuilding, par (b)\n(1) A building used by an aged care provider as part of a retirement\nvillage is excluded.\n(2) In this section:\naged care provider means an aged care provider that is—\n(a) an approved provider under the Aged Care Quality and Safety\nCommission Act 2018 (Cwlth); and\n(b) registered as a public benevolent institution under the Australian\nCharities and Not-for-profits Commission Act 2012 (Cwlth).\nretirement village—see the Retirement Villages Act 2012, section 10.\n12 Excluded building work—Act, dict, def residential\nbuilding work, par (b)\nBuilding work in relation to a building mentioned in section 11 is\nexcluded.\n\nMiscellaneous Part 5\nSection 13\nR2\n05/11/25\nProperty Developers Regulation 2025\nEffective: 05/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n13 People arranging residential building work must comply\nwith code of practice—Act, s 117 (1) (b)\nA person who arranges for residential building work to be undertaken\nis prescribed.\n\nPart 6 Delayed amendment\nSection 14\npage 10 Property Developers Regulation 2025\nEffective: 05/11/25\nR2\n05/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nU Part 6 Delayed amendment\n14 Legislation amended—pt 6\nThis part amends this regulation.\n15 Section 8 (2), definition of off-the-plan contract\nomit\nsection 19A (1)\nsubstitute\nsection 19AA (1)\n\nDictionary\nR2\n05/11/25\nProperty Developers Regulation 2025\nEffective: 05/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions relevant to this regulation.\nFor example:\n• Corporations Act\n• in relation to\n• under.\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Property Developers Act 2024. For example, the following terms are\ndefined in the Act, dict:\n• associated entity (see s 8 (1))\n• building work\n• licence\n• licence application (see s 11 (1))\n• licensee\n• property developer\n• regulated residential building\n• residential building work.\nregistered community housing provider—see the Community\nHousing Providers National Law (ACT), section 4 (1).\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\nEndnotes\n1 About the endnotes\npage 12 Property Developers Regulation 2025\nEffective: 05/11/25\nR2\n05/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR2\n05/11/25\nProperty Developers Regulation 2025\nEffective: 05/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nProperty Developers Regulation 2025 SL2025-20\nnotified LR 15 October 2025\ns 1, s 2 commenced 15 October 2025 (LA s 75 (1))\npt 2 commenced 5 November 2025 (s 2 (2) and see Property\nDevelopers Act 2024 A2024-36 s 2 (2) (b), CN2025-6 and LA s 77 (3))\npt 6 awaiting commencement\nremainder commenced 16 October 2025 (s 2 (1))\n4 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n16 Oct 2025\n16 Oct 2025–\n4 Nov 2025\nnot amended new regulation\n5 Uncommenced provisions\nPart 6 was uncommenced at the republication date but has been included in this\nrepublication with the symbol U immediately before the provision headings.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a new regulation made under the Property Developers Act 2024. It appears to be implementing the original intent of the parent Act by providing necessary administrative details, application requirements, and exclusions. There is no evidence of scope creep beyond the original purpose of regulating property developers in the ACT."},"complexity_factors":["Short length (15 sections plus dictionary and endnotes)","Minimal defined terms (only 3 defined in the regulation itself: director identification number, relevant day, and registered community housing provider; others are signposted to external legislation)","Simple structure with clear Parts covering discrete topics (licensing, enforcement, exclusions)","Straightforward cross-references to the parent Act (Property Developers Act 2024) and other legislation (Corporations Act, Construction Occupations Act, etc.) without complex nesting","No conditional logic or exceptions to exceptions; exclusions are listed plainly in sections 8, 9, 11, and 12","One uncommenced provision (Part 6) containing a simple amendment that is clearly marked and not yet in force"],"plain_english_summary":"This regulation sets out the practical rules for licensing and regulating property developers in the ACT under the Property Developers Act 2024, specifying application requirements, compliance obligations and a code of practice for arranging residential building work.\n\nIt affects developers, company directors, community housing providers, construction professionals and off‑the‑plan buyers — clarifying who must be licensed, who is excluded, and limiting personal liability for community housing directors so the Act works in practice."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation clarifies and prescribes procedural and definitional details under the Property Developers Act rather than expanding coverage. The delayed amendment in Part 6 substitutes a cross‑reference (s 15) but does not broaden the categories of people, buildings or building work subject to the Act; it adjusts technical references and timing without materially changing the Act’s stated scope."},"complexity_factors":["Extensive cross‑references to other statutes (Property Developers Act 2024, Corporations Act, Construction Occupations (Licensing) Act 2004, Civil Law (Sale of Residential Property) Act 2003, Community Housing Providers National Law (ACT)) increasing interpretive steps","Prescribed application and renewal information requires tracing ‘associated entity’ relationships and director identification numbers (ss 5–6), creating documentary and compliance burden for corporate applicants","Multiple exclusion categories with defined technical meanings (professionals, subcontractors, owner‑builders, buyers under off‑the‑plan contracts, registered community housing providers) require factual characterisation of roles (s 8, s 9, s 11)","Dictionary contains signpost definitions and external references, so meaning depends on other instruments and commencement timings (s 3; Dictionary)","Staged commencement and an uncommenced Part 6 that alters a statutory cross‑reference (commencement notes; Part 6) create transitional and timing complexity for practitioners","Regulatory effect sits partly in discrete factual tests (who 'arranges' work) which may require administrative interpretation and enforcement decisions (s 13)"],"plain_english_summary":"**What it does:** This regulation sets the specific information required for property‑developer licence applications and renewals (including director ID numbers, associated‑entity details and evidence of community housing registration), narrows who and what counts as a property developer or regulated residential building, and prescribes that people who arrange residential building work must follow the code of practice. It also makes a delayed technical amendment to a statutory cross‑reference. **Who it affects:** licence applicants and renewers, corporate directors, community housing providers, contractors and people arranging residential building work; it matters because it changes disclosure and compliance obligations."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/property-developers-regulation-2025","history":"/api/acts/property-developers-regulation-2025/history","analysis":"/api/acts/property-developers-regulation-2025/analysis","conflicts":"/api/acts/property-developers-regulation-2025/conflicts","importantCases":"/api/acts/property-developers-regulation-2025/important-cases","documents":"/api/acts/property-developers-regulation-2025/documents"}}