Building and Construction Legislation Amendment Act 2026

This Amendment Act recasts a set of existing concepts and introduces a few new, focussed ones. The critical concepts in play are:

• Compliance status certificate (for regulated swimming pools). The Act replaces the old "compliance certificate" label with "compliance status certificate" specifically for the regulated swimming pool regime. The new term appears in s 83K(1) (as substituted by s 11) and is defined in the Building Act dictionary (s 35). The compliance status certificate is a written certificate given to the pool owner by an authorised person under the pool safety provisions (see ss 83K and 83P amendments).

• Complete exemption and partial Ministerial exemption. The Act introduces two new exemption categories in the Building Act dictionary (s 35). A "complete exemption" is a Ministerial exemption or standing exemption that exempts a regulated swimming pool from all safety standards. A "partial Ministerial exemption" exempts from only part of the safety standards (s 9 insertion). These definitions determine whether the compliance-status regime applies to a particular pool; the subdivision does not apply at all to pools with a complete exemption (s 83JA).

• Relevant documents (for safety barriers). Several amendments define "relevant documents" in the swimming pool provisions (s 83M(3) and s 83OB(3)). For a safety barrier, "relevant documents" means both (a) a building approval for the erection or alteration of a safety barrier that would comply with the safety standards to the extent the pool is not subject to a partial Ministerial exemption, and (b) a certificate of occupancy stating the safety barrier was erected or altered in accordance with that building approval. The presence of both documents for "all of the safety barrier for the pool" makes the compliance-status provisions inapplicable (s 83JA).

• Transitional lodging duty. The Act inserts a temporal-limited duty where a compliance status certificate is given before 1 May 2028. If so, the recipient must lodge the compliance status certificate, and any partial exemption certificate, with the construction occupations registrar within 30 days (s 83M(1)(da) and (db)). The definition of "partial exemption certificate" is provided in the new s 83M(3).

• Nominees for corporate and partnership licence-holders. The new s 28A allows a corporation or partnership to appoint an individual nominee in writing if the person meets eligibility requirements prescribed by regulation, is licensed in the relevant construction occupation/class, and agrees in writing. The appointment must specify the services for which the nominee will be responsible if limited. A nominee automatically ceases if they stop being eligible (s 28A(1)-(3)). The Construction Occupations (Licensing) Regulation 2004 is adjusted to make s 19 explicitly state "An individual must meet all of the following eligibility requirements" when prescribing nominee eligibility (ss 50-52).

• Insolvency-related triggers and automatic suspension. Multiple provisions are amended to make explicit that being "placed into administration, receivership or liquidation" triggers notification duties, rectification order consequences and automatic suspension of corporate licences (see s 26B(1)(b)(ii), the substitution in ss 43-47 and s 49(2)(b) replacement).

• Mandatory approval for building manuals and completion documentation. The requirement that an approval of a building manual "may only" be granted is changed to "must" (s 6). Completion documents must now include a copy of any notice under s 43(2) and drawings showing the completed building work (s 4 and s 5).

• Registry and instrument interactions. The Property Developers Act register obligation is altered to remove a requirement to keep director identification numbers (s 56). The Professional Engineers Act is modified to treat the Property Developers Act as an "operational Act" and to allow instruments under sections 83-85 (qualifications, CPD, codes) to incorporate or adopt documents (ss 54-55).

• Regulatory capture points. The Building (General) Regulation 2008 amendment removes a previously applicable standing exemption tied to a build date (Table 36E, item 2, column 2), thereby broadening the range of pools subject to the regulated swimming pool rules (s 36).

These concepts govern who must act, who receives documents, when requirements apply and which pools are captured. Several of the new or clarified concepts are heavily procedural: they concern evidentiary documents, timing, register lodgement, and nominee eligibility.

The Act affects a circumscribed set of actors in the ACT building and construction ecosystem. The main affected parties are:

• Owners of regulated swimming pools. The reworked pool provisions make pool owners the direct recipients of compliance status certificates (s 11-21) and, in a limited transitional window, the parties required to lodge those certificates with the construction occupations registrar (s 27 inserting new s 83M(1)(da) and (db)). Owners of pools that previously relied upon the now-deleted standing exemption tied to the construction date (older than 1 May 2023) may find themselves newly captured by the regulated regime (s 36 removes the built-before-1-May-2023 exemption).

• Authorised persons and certifiers. The Act alters references so that authorised persons issue compliance status certificates (s 33 amending s 83P(6)(b)) and requires certifiers to be provided with certain notices and documentation that must appear in completion packs (s 4 amending s 48(3)(e)). Certifiers may need to update practice to supply and file the materials required by the revised s 48.

• Construction occupations registrar and regulators. The construction occupations registrar gains a new lodgement duty in relation to compliance status certificates (s 27 inserted in s 83M) and is expressly named in the Gas Safety Act amendment (s 53 amending s 12A(c)(ii)) as a recipient in that provision. The registrar will be the repository of compliance status certificates lodged during the transitional period.

• Corporations and partnerships holding construction licences. The new nominee regime in s 28A lets corporate/partnership licence-holders appoint individuals to be nominees who are responsible for specified construction services. Corporations and partnerships must ensure nominees meet eligibility requirements, are licensed in the relevant occupational class, and that appointments are in writing (s 42). Entities facing insolvency events (administration, receivership, liquidation) will trigger notification, rectification consequences and potential automatic suspension of corporate licences (ss 38, 43-47).

• Individual licensees and nominees. Individuals acting as nominees must be licensed in the relevant construction occupation/class and meet eligibility requirements prescribed by regulation (s 28A(1)(b) and Construction Occupations Regulation s 19). A nominee’s appointment automatically terminates if they lose eligibility (s 28A(3)).

• Builders, designers and people supplying completion documentation. Builders and others must ensure that completion packs include a copy of any notice under s 43(2) and drawings that show the completed building work, and must follow the new mandatory building manual approval standard where that applies (ss 4-6).

• Professional engineers and the Professional Engineers Board. The Professional Engineers Act amendments make the Property Developers Act an operational Act for the purposes of the construction licensing regime (s 54) and expand the statutory power to incorporate documents under s 87(1)(b) to instruments made under specified sections (s 55). This affects how the board and regulators can prescribe qualifications, CPD and codes.

• Property developers and registrants under the Property Developers Act. The registrar’s obligations are adjusted to omit director identification numbers from the register (s 56). The Property Developers Act’s list of "relevant law" now expressly includes the Community Housing Providers National Law (ACT) (ss 58-59), which may affect compliance checks and disclosure obligations.

• Users of civil sale and tenancy frameworks. The consequential amendments in Schedule 1 replace references to "compliance certificate" with "compliance status certificate" in the Civil Law (Sale of Residential Property) Regulation 2004 and the Residential Tenancies Regulation 1998 (sch 1). Practitioners acting in sales and tenancy transactions must use the new term and check the content of the certificate as amended (sch 1 [1.1]-[1.6]).

• Health and hospital operators responsible for medical gas systems. The Gas Safety Act insertion names the construction occupations registrar in the unsafe medical gas system offence provision (s 53), which broadens the list of mandated recipients or named persons in that offence clause.

Who pays. The Act shifts administrative and compliance burden primarily onto pool owners and licence-holders. Pool owners must procure compliance-status certificates from authorised persons and, in specified transitional circumstances, lodge them with the registrar (s 83M(1)(db)). Corporations and partnerships must designate and manage nominees and meet notification obligations in insolvency scenarios. Regulators will incur administrative costs to update registers, forms and processes to receive and process compliance status certificates and nominee appointments.

Who decides. The construction occupations registrar, authorised persons in the swimming pool regime, certifiers, and the Minister or decision-makers authorising exemptions all remain decision nodes. The Act preserves Ministerial exemptions (complete and partial) as defined tools to exempt pools from safety standards (s 9), and it assigns tasking to authorised persons to give compliance status certificates (s 33 amending s 83P). The regulator decides whether a lodged compliance status certificate meets statutory requirements and the Construction Occupations Registrar becomes the statutory repository for certain lodgements.

This Amendment Act creates or clarifies a number of statutory duties and rights for participants in building, pool safety and licensing regimes. The principal duties and associated rights are below, with section references where the Act states them.

Duties relating to regulated swimming pools

• Authorised persons must give a written compliance status certificate to the pool owner where the pool is a regulated swimming pool, subject to the exclusions in s 83JA (s 11 substitutes s 83K(1) and related subsections). The certificate replaces the prior "compliance certificate" terminology across Part 5A and related provisions (ss 11-21 and dictionary insertions s 35).

• Pool owners who are given a compliance status certificate before 1 May 2028 have a duty to lodge that compliance status certificate, together with any partial exemption certificate, with the construction occupations registrar within 30 days after receipt (see new s 83M(1)(da) and (db) inserted by s 27). The Act defines "partial exemption certificate" and "relevant documents" for these purposes (s 27 inserting new s 83M(3)).

• The subdivision dealing with compliance status certificates does not apply to pools subject to a "complete exemption" (s 83JA). The subdivision also does not apply where both a building approval for the safety barrier and a certificate of occupancy for the safety barrier have been issued for all of the safety barrier for the pool (s 83JA(1)(b)).

Duties for certifiers and completion documentation

• Completion documentation supplied under s 48 must include a copy of any notice given to the certifier under s 43(2) (s 4 substituting s 48(3)(e)). The completion documentation must also include drawings showing the completed building work (s 5 inserting the additional phrase into s 48(3)(n)(ii)).

• Approval of a building manual is rendered mandatory where the Act previously allowed discretion. The substitution at s 6 changes s 48A(3) from "may only" to "must", thereby creating an obligation where the earlier text was discretionary.

Duties and rights for corporate and partnership licence-holders and nominees

• A corporation or partnership may appoint an individual to be a nominee in writing, provided the nominee meets eligibility requirements prescribed by regulation, is licensed in the appropriate construction occupation and occupation class for the services they will supervise, and agrees in writing (new s 28A(1) inserted by s 42).

• Where a nominee is responsible for only some construction services, the appointment must state the services for which the nominee will be responsible (s 28A(2)). This creates a rights/duties boundary between the corporate body and the individual nominee.

• A nominee automatically stops being a nominee if the person stops being eligible to be appointed as a nominee for that service, occupation or class (s 28A(3)). The example in the inserted s 28A illustrates that cancellation of the individual’s licence (by ACAT occupational discipline order) ends nominee status automatically.

Duties triggered by insolvency and administrative events

• Licensees and corporations are required to notify the registrar of certain events. The amendment to s 26B clarifies that certain events are "notification events" and that being "placed into administration, receivership or liquidation" must be notified (s 38 amending s 26B(1) and s 39 substituting s 26B(1)(b)(ii)).

• Rectification order provisions and automatic suspension triggers are amended to capture administration, receivership or liquidation. For example, s 39A and s 39B are altered to refer to an entity being "placed into administration, receivership or liquidation" as a scenario relevant to rectification orders (ss 43-46), and s 49(2)(b) is substituted to include the same triggers for automatic suspension of corporate licences (s 47).

Duties under the Gas Safety Act

• The unsafe medical gas system offence provision is amended to name the construction occupations registrar alongside "the person" in s 12A(c)(ii). The insertion makes the registrar an express party in that subsection (s 53). This changes who is identified or named in the statutory offence clause.

Registrar and administrative duties

• The Property Developers Act register obligation is narrowed by removing a requirement to keep director identification numbers (s 56 amending s 25(2)(d)). The registrar remains charged with keeping the register, but without that specific item.

Rights and procedural protections

• The Act includes automatic technical protections for corporate entities and nominees: a nominee’s appointment ends automatically upon loss of eligibility rather than requiring formal revocation (s 28A(3) example). The amendments also preserve Ministerial exemption processes (now labelled complete or partial) and allow them to remove pools from the compliance-status regime where authorised (s 83JA and s 9).

These duties are primarily administrative and procedural. The Act does not itself increase substantive safety standards in the text; instead it refactors, renames and clarifies who must do what, who receives what documents, and when registries must be updated.

The Amendment Act changes the circumstances that give rise to existing offence and enforcement provisions and adds procedural reporting and lodgement obligations, but it generally does not alter specified penalty quantum within the text of the amendments. The enforcement framework in the amended Acts remains the statutory enforcement and administrative regime established by the principal Acts. The following enforcement mechanisms and penalty-related consequences are relevant and are grounded in the sections amended:

• Offences for failure to obtain or lodge pool compliance certificates. The Building Act contains offence provisions for failure to obtain or lodge compliance-related documents (the Amendment replaces "compliance certificate" language with "compliance status certificate" and inserts new circumstances). The Act substitutes headings and references in ss 83M and 83OB to reflect the new nomenclature and the conditions for offences are preserved in those provisions as amended. The Act creates a new specific lodgement duty in the transitional clause requiring lodging with the construction occupations registrar within 30 days where the compliance status certificate was given before 1 May 2028 (see s 27 inserting new s 83M(1)(da)-(db)). Non-compliance with these duties continues to attract whatever offence or penalty the principal Act prescribes; the Amendment Act does not set or change monetary penalty figures in the text provided.

• Authorised persons and registrar enforcement roles. The Act keeps the authorised person construct for issuing certificates and for enforcement functions. It amends s 83P(6)(b) to refer to compliance status certificates (s 33). The construction occupations registrar is newly named as a recipient in the Gas Safety Act offence subsection and becomes the repository for certain compliance-status lodgements (s 53 and s 27 inserting new s 83M).

• Automatic suspension of licences and rectification orders linked to insolvency. The amendments expressly tie administration, receivership and liquidation events to immediate statutory consequences. For example, automatic suspension of a corporate licence now expressly occurs where the corporation is placed into administration, receivership or liquidation (s 47 substituting s 49(2)(b)). The power to make rectification orders and the consequences where a licensee is wound up are adjusted to the same effect (ss 43-46). These statutory triggers are enforcement mechanisms that can pause or remove an entity’s ability to lawfully carry on certain construction services absent remediation.

• Regulatory compliance and lodging requirements. The lodgement duty with the construction occupations registrar (in the transitional window) is a compliance obligation; the registrar will be responsible for processing lodgements and for any follow-up enforcement action where offences are committed by failure to lodge. The Act does not specify new enforcement personnel; it relies on the enforcement structures in the principal Acts and the registrar’s administrative functions to give effect to the lodgement rule.

• No new civil remedies specified in the Amendment Act text. The amendments do not add new civil liability heads or alter indemnity/contractual remedies in the principal acts as shown in the text. Existing civil remedies, disciplinary procedures and ACAT powers remain the enforcement avenues for breaches of construction licensing and professional discipline obligations.

• Penalty levels not changed in the Amendment Act. The text of the Amendment Act, as provided, does not change the numerical penalty amounts or create new penalty categories; it updates terminology and applicability and inserts additional process obligations. Practitioners should therefore consult the consolidated versions of the principal Acts for the preserved penalty amounts tied to the offence provisions referenced by the substituted headings (for example the full s 83M or s 83OB penalty entries in the Building Act).

Implementation and enforcement risks

• There is administrative enforcement risk for pool owners and authorised persons around the transitional lodgement window to 1 May 2028 (s 83M(1)(da)-(db)). If owners and authorised persons do not understand the temporal trigger they may miss the 30-day lodgement deadline.

• The removal of the "built before 1 May 2023" standing exemption expands the pool of regulated pools and therefore expands enforcement exposure for owners of older pools (s 36). The Act does not provide an amnesty or grace beyond the transitional lodging rule.

• Insolvency-related trigger clarifications may produce immediate enforcement consequences for corporations placed into administration, receivership or liquidation. Entities and their advisers will need to factor automatic licence suspension and rectification-order effects into insolvency planning (see ss 43-47).

Regulatory bodies will need to update processes, registers, forms and enforcement checklists to reflect the new names and lodging pathways. The Amendment Act centralises certain lodgement and record-keeping functions with the construction occupations registrar and expands the registrar’s role in two areas: as a lodgement repository for compliance status certificates during the transitional period and as an explicit recipient in the Gas Safety Act offence provision (ss 27 and 53).

The Amendment Act deliberately cross-links several statutes and regulations. It both updates internal cross-references and inserts new inter-Act relationships that will affect regulatory practice and documentary requirements. The material interactions are:

• Building Act 2004 and Building (General) Regulation 2008. The Amendment Act modifies Part 5A of the Building Act to rename compliance certificates to compliance status certificates and to insert exemption categories and applicable exceptions (see ss 9-35). It removes a date-based standing exemption in the Building (General) Regulation 2008 Table 36E, thereby broadening the set of pools captured by the Building Act regime (s 36).

• Construction Occupations (Licensing) Act 2004 and its Regulation. The Act adds the Professional Engineers Act 2023 and the Property Developers Act 2024 to the list of operational Acts for construction licensing interaction (s 37). It creates a formal nominee regime in the Licensing Act (s 28A as inserted by s 42) and adjusts the Regulation to make clear that the nominee eligibility requirements are cumulative and mandatory (ss 50-52). The insolvency-related amendments change when licensees must notify the registrar and what administrative consequences follow (ss 38-49).

• Gas Safety Act 2000. The Amendment Act adds the construction occupations registrar to an unsafe medical gas system offence provision, thereby interposing the construction occupations registrar into the enforcement or notification chain under s 12A (s 53). This creates an overlap between gas-safety compliance and construction licensing registers and data flows.

• Professional Engineers Act 2023. The Act explicitly recognises the Property Developers Act 2024 as an operational Act for professional engineers (s 54). It also substitutes s 87(1)(b) to permit instruments to be made under specific sections dealing with qualifications, CPD and codes (s 55). That substitution affects how regulatory instruments may incorporate, apply or adopt external documents.

• Property Developers Act 2024. The Amendment Act amends the register obligations under the Property Developers Act to remove director identification numbers (s 56) and extends the notion of "relevant law" to include the Community Housing Providers National Law (ACT) (ss 58-59). The insertion of that National Law into the definition of relevant law creates a compliance interaction for developers operating in the community housing sphere.

• Civil Law (Sale of Residential Property) Regulation 2004 and Residential Tenancies Regulation 1998. Schedule 1 substitutes "compliance status certificate" for "compliance certificate" in a number of provisions regulating disclosure and tenancy contexts (sch 1 [1.1]-[1.6]). Sale-of-property and tenancy practices must update forms and practice to use the new terminology and to check whether the compliance status certificate is lodged where required.

• Building (Swimming Pool Safety) Legislation Amendment Act 2023. The commencement of several of the Amendment Act’s provisions is tied to commencement events in the 2023 Act (see s 2(3) and (5)). This linkage affects the effective dates of ss 29-32 and the Schedule 1 amendments 1.3 and 1.4, so the practical inter-operation of the Acts depends on those prior commencement events.

Practical cross-Act consequences

• Data and registry flows. The new lodgement duty to the construction occupations registrar during the transitional window creates a cross-Act data flow between pool safety documentation (a Building Act instrument) and the licensing register. The Gas Safety Act insertion also creates an explicit cross-Act information channel to the construction occupations registrar.

• Regulatory instrument-making powers. The Professional Engineers Act s 87 substitution broadens the statutory basis for making instruments that may incorporate external documents, which can affect how the construction licensing regime cross-refers to engineering qualifications and codes.

• Transitional and timing complexity. Because some provisions only commence once other amending Acts commence, practitioners must track multiple commencement instruments to determine when particular cross-Act obligations apply (see s 2).

Overall, the Act adjusts internal interactions to place the construction occupations registrar more centrally in administrative flows, aligns nominee eligibility across the Licensing Act and its Regulation, and updates cross-Act instrument‑making authority under the Professional Engineers Act.

The Amendment Act is a single instrument amending multiple principal Acts. Its drafting makes several staggered commencements and linked commencement events explicit. The core points of the Amendment Act's history as recorded in the instrument are as follows:

• Short title and commencement. The Act is the Building and Construction Legislation Amendment Act 2026 (s 1). Most provisions commence on the 7th day after notification day (s 2(1)). The naming and commencement provisions themselves commence on the notification day, per the Legislation Act note in s 2.

• Staggered and linked commencements. The Act contains five exceptions to the general 7-day commencement rule (s 2):

  • Section 6 (approval of building manual mandatory wording) commences on the day the Property Developers Act 2024, schedule 2, amendment 2.6 commences (s 2(2)).

  • Sections 29 to 32 (which amend s 83OB and related pool provisions) commence on the day the Building (Swimming Pool Safety) Legislation Amendment Act 2023, s 6 commences (s 2(3)).

  • Sections 3, 56 and 57 commence on the day after the Act’s notification day (s 2(4)).

  • Schedule 1 amendments 1.3 and 1.4 commence on the day the Building (Swimming Pool Safety) Legislation Amendment Act 2023, s 29 commences (s 2(5)).

• Acts and instruments amended. Section 3 lists the principal acts amended: Building Act 2004; Building (General) Regulation 2008; Construction Occupations (Licensing) Act 2004; Construction Occupations (Licensing) Regulation 2004; Gas Safety Act 2000; Professional Engineers Act 2023; and Property Developers Act 2024. The Act also amends other legislation via Schedule 1 (Civil Law (Sale of Residential Property) Regulation 2004 and Residential Tenancies Regulation 1998) (s 3 and sch 1).

• Textual substitutions and insertions. The Amendment Act primarily makes textual substitutions (e.g., replacing "compliance certificate" with "compliance status certificate" in many places), inserts new definitions (complete exemption, partial Ministerial exemption, compliance status certificate), inserts a new subdivision heading and application rule (s 83JA), and adds the new nominee regime (s 28A). It also substitutes insolvency-trigger wording such as "placed into administration, receivership or liquidation" for earlier formulations (see ss 38-47).

• Consequential amendments. Schedule 1 supplies consequential changes in other regulations, renaming terms in sale and tenancy regulations to align with the Building Act terminology changes (sch 1 [1.1]-[1.6]).

• Certification and legislative provenance. The endnotes state that the presentation speech was made on 23 October 2025 and the Act was notified under the Legislation Act on 16 February 2026 (Endnotes 1-2). The clerk certifies in the instrument that the Bill originated in the Legislative Assembly as the Building and Construction Legislation Amendment Bill 2025 (No 2) and was passed on 4 February 2026.

For practitioners this means the Amendment Act should be read in consolidated form against the principal Acts after the various commencement conditions are satisfied. The staggered commencements require careful tracking of commencement events for the Building (Swimming Pool Safety) Legislation Amendment Act 2023 and the Property Developers Act 2024 to know when certain substituted provisions take effect.

The Amendment Act text does not include or cite any judicial decisions. No cases are named or discussed in the instrument as provided. Therefore the Act itself has no litigation history recorded in the text.

Potential future litigation points (procedural).

While the instrument records no authorities, it contains a number of provisions where future disputes could arise and be litigated. These are practical, document- and interpretation-focused contest points rather than doctrinal rewrites. Examples of potential dispute loci, grounded in the statutory text, include:

• The scope and meaning of "all of the safety barrier for the pool" in the "relevant documents" definition. The Act makes the subdivision inapplicable where both a building approval and a certificate of occupancy have been issued in relation to "all of the safety barrier for the pool" (s 83JA and definitions in s 83M(3) and s 83OB(3)). Disputes may arise about whether partial works, phased barriers or segmented barriers satisfy the "all of" requirement.

• The meaning and application of "complete exemption" and "partial Ministerial exemption". Ministerial exemption decisions may be subject to judicial review on conventional public law grounds. Because the Act differentiates between complete and partial exemptions and ties the applicability of the compliance-status regime to those exemptions, legal challenges to exemption scope or process could affect eligibility for compliance-status relief (s 9 insertion).

• The temporal lodging duty and its application. The transitional lodging duty applies only if the person is "given a compliance status certificate by an authorised person before 1 May 2028" and requires lodging within 30 days of receipt (s 83M(1)(da)-(db)). Disputes could center on the date/timing of "given", receipt in electronic vs paper form, what constitutes "partial exemption certificate" attachment, and whether late lodgements attract criminal or administrative penalties.

• Automatic cessation of nominee appointments. The automatic termination of a nominee appointment upon loss of eligibility (s 28A(3)) could produce disputes in insolvency, disciplinary or re-licensing contexts, particularly about the proper allocation of responsibility for works completed during the period of contested nominee eligibility.

• Interplay between registry content and privacy/confidentiality. The removal of director identification numbers from the Property Developers register (s 56) alters the data kept in the register and could affect disputes about publication or use of register data in procurement or litigious contexts.

The Act’s changes are procedural and documentary. If disputes arise they are most likely to be about statutory interpretation, administrative decision-making (including Ministerial exemptions), and the timing or sufficiency of documents and lodgements mandated by the amendments. Practitioners involved in such disputes should locate the amended provisions in consolidated Acts and review the principal Acts’ enforcement, penalty and review provisions to map out remedies (civil, administrative and criminal) relevant to a particular factual matrix.

The Amendment Act contains several concrete procedural traps and transitional particulars that practitioners and operators should not overlook. The following items are practical "gotchas" grounded directly in the text of the Act:

1. Terminology change is local and precise. The Act renames "compliance certificate" to "compliance status certificate" for regulated swimming pools across a number of provisions (ss 11-21 and sch 1). Users of existing forms or model clauses must ensure that the new term is used consistently in documents and that references in sale and tenancy disclosures now point to the compliance status certificate (sch 1 [1.1]-[1.6]). Failure to use the precise statutory term could create ambiguity in disclosure obligations.

2. Transitional lodgement requirement is time‑limited and strict. The duty to lodge with the construction occupations registrar applies only where a person is "given a compliance status certificate by an authorised person before 1 May 2028" (new s 83M(1)(da)-(db)). The 30-day lodgement window is triggered from the day the person receives the certificate. Practitioners must be careful to determine whether a certificate was "given" pre-1 May 2028 and to record the date of receipt precisely; late lodgement may trigger offence exposure (s 83M as amended).

3. "Complete exemption" excludes the whole compliance-status regime. The subdivision does not apply to pools subject to a complete exemption (s 83JA). Parties relying on previously existing exemptions tied to dates or other bases must check whether they hold a complete exemption or only a partial one, because partial exemptions still leave the pool captured for part of the safety standards and may trigger a different set of documentary requirements.

4. "Relevant documents" requires both a building approval and a certificate of occupancy for all of the safety barrier. The Act’s exception from the compliance-status subdivision demands that both documents have been issued for "all of the safety barrier for the pool" (s 83JA(1)(b) and new definitions in s 83M(3) and s 83OB(3)). If either document is missing, or covers only part of the barrier, the pool may still fall within the compliance-status regime.

5. Removal of the date-based standing exemption widens coverage. The Building (General) Regulation 2008 amendment removes the standing exemption in Table 36E that applied to pools built before 1 May 2023 (s 36). Owners of older pools who thought they were previously out-of-scope should reassess their obligations immediately.

6. Nominee appointments end automatically without formal revocation. Under the new s 28A(3) a nominee automatically ceases to be a nominee when they stop being eligible. No formal resignation or separate revocation filing is required to end the appointment. Corporate licence-holders should therefore maintain ongoing checks on nominee eligibility because an automatic cessation may leave the corporation without an eligible nominee unexpectedly.

7. Insolvency triggers are broadened. Several provisions substitute the explicit phrase "placed into administration, receivership or liquidation" for older wording (ss 43-47). Entities undergoing the early stages of insolvency process should anticipate immediate licensing consequences, including automatic suspension of corporate licences under s 49(2)(b) as substituted in s 47.

8. Building manual approval has shifted from discretionary to mandatory in the Act. The substitution of s 48A(3) from "may only" to "must" creates a mandatory approval pathway where there may have previously been discretion (s 6). Practitioners should check how that change affects compliance with building manual requirements in practice.

9. The construction occupations registrar’s role expands. The registrar is now a named recipient in the Gas Safety Act offence subsection (s 53) and will be the lodging repository for certain compliance status certificates in the transitional period (s 27). Regulators and practitioners must confirm the registrar’s lodgement process and forms to avoid procedural error.

10. Multiple commencement triggers create timing confusion. Several provisions commence only when other amending Acts commence (s 2(2)-(5)). This creates a risk that stakeholders will assume a provision has commenced when, in fact, its operation depends on another Act’s commencement timetable. Users must check the consolidated legislation and commencement notices.

11. Consequential changes in sale and tenancy rules. The Civil Law (Sale of Residential Property) Regulation and Residential Tenancies Regulation provisions are amended to use the new term "compliance status certificate" (sch 1). Conveyancers and letting agents must update contract templates, disclosure forms and tenancy checklists.

12. Definitions of partial and complete exemptions may invite administrative challenge. Ministerial exemptions are preserved but now have distinct labels (complete versus partial). The process and evidence supporting exemption applications should be reviewed because a partial exemption still requires compliance with some standards and document pathways.

13. Lack of penalty quantum change. The Amendment Act does not specify new penalty amounts. Practitioners must consult the principal Acts for the applicable monetary penalties tied to the offence headings referenced in the amendments.

These "gotchas" are directly traceable to the Amendment Act’s textual substitutions and insertions. Addressing them requires updating forms, registers, internal compliance checklists, and training for staff and clients who operate in the pool, building completion and construction licensing spaces.

This part sets out practical, statute-grounded steps and checklists for the main affected players: pool owners and authorised persons, building practitioners preparing completion documentation, corporate licence-holders and nominees, and registrars/regulators. Each checklist references the specific sections amended so that actors may align actions with statutory duties.

For owners of regulated swimming pools

1. Confirm exemption status.

   • Check whether the pool is subject to a complete exemption. If so, Part 5A subdivision 5A.2.2 does not apply to the pool (see s 83JA).
   • If you only have a partial Ministerial exemption, identify the exempted elements to understand what still needs to comply with the safety standards (s 9 new definitions).

2. Check relevant documents for the safety barrier.

   • Determine whether both a building approval for the safety barrier and a certificate of occupancy for the safety barrier have been issued for all of the safety barrier for the pool. If both documents exist, the compliance-status subdivision does not apply (s 83JA and s 83M(3) / s 83OB(3) definitions).

3. If the pool is captured (no complete exemption and missing either relevant document):

   • Obtain a compliance status certificate from an authorised person. The authorised person must give the compliance status certificate to the pool owner (s 11 substituting s 83K).
   • If you are given a compliance status certificate before 1 May 2028, lodge that certificate, together with any partial exemption certificate, with the construction occupations registrar within 30 days of receipt (see new s 83M(1)(da)-(db)). Record the date of receipt and the method of delivery to show compliance with the 30-day timeline.

4. Keep documentary evidence.

   • Retain copies of any Ministerial exemption certificate, building approvals and certificates of occupancy related to the safety barrier, and the compliance status certificate for your files and future conveyancing or tenancy disclosure requirements (sch 1 amends sale and tenancy regulations).

For authorised persons and certifiers

1. Issue compliance status certificates consistent with statutory definitions.

   • Make sure the certificate you provide to pool owners is labelled "compliance status certificate" and meets any content required by the Building Act and subordinate instruments (s 11 and s 35 dictionary).

2. Completion documentation for building work.

   • When issuing completion documentation under s 48, include a copy of any notice given to you under s 43(2) and ensure drawings show the completed building work (s 4 and s 5 amendments to s 48).

3. Understand transitional lodgement obligations.

   • If you issue a compliance status certificate before 1 May 2028, inform the pool owner that they must lodge the certificate with the construction occupations registrar within 30 days (new s 83M(1)(da)-(db)).

For corporations and partnerships holding construction licences

1. Appoint nominees where appropriate.

   • If the entity wishes to appoint a nominee, make the appointment in writing and ensure the nominee meets eligibility requirements prescribed by regulation, is licensed in the appropriate occupation/class, and agrees in writing (new s 28A(1)). The Construction Occupations Regulation s 19 has been revised to make eligibility requirements cumulative (ss 50-52).

2. Limit nominee responsibility where needed.

   • If the nominee will supervise only some services, specify those services in the written appointment (s 28A(2)).

3. Monitor nominee eligibility.

   • Maintain ongoing monitoring because a nominee automatically ceases to be a nominee if they stop being eligible (s 28A(3)). Keep records of licence status and any disciplinary or ACAT actions affecting nominee eligibility.

4. Prepare for insolvency-triggered consequences.

   • If the corporation or a related entity is placed into administration, receivership or liquidation, expect notification obligations and possible automatic licence suspension and rectification-order consequences (see amendments to s 26B, s 39A, s 39B and s 49).

For individual licensees and nominees

1. Ensure licence currency and eligibility.

   • Keep licences current and ensure you satisfy all eligibility requirements prescribed by regulation for nominee appointments (s 28A(1)(b) and Construction Occupations Regulation s 19).

2. Understand automatic effects of disciplinary or licensing changes.

   • Recognise that ACAT cancellation or other disciplinary action that removes licence eligibility will automatically end nominee status (s 28A(3) example).

For registrars and regulators

1. Update registers and lodgement processes.

   • Prepare the construction occupations registrar to receive compliance status certificates during the transitional period and to log and store them in accordance with the Act (new s 83M(1)(db)). Ensure data fields were updated to reflect the new certificate name.

2. Update forms and guidance.

   • Amend application forms, completion packs, sale and tenancy disclosure forms and regulatory guidance to use "compliance status certificate" and to explain the new lodging rule, nominee appointment process and insolvency triggers.

3. Coordinates with other agencies.

   • Work with the registry administering the Property Developers Act to implement the removal of director identification numbers from the register (s 56) and to recognise the Community Housing Providers National Law (ACT) where relevant (s 58-59).

For gas-safety actors

1. Check notification and recipient list.
   • Verify the exact operational effect of inserting the construction occupations registrar into s 12A(c)(ii) under the Gas Safety Act (s 53). Ensure the registrar is included as a recipient or named party in processes dealing with unsafe medical gas systems.

Cross-cutting compliance steps

1. Audit current stock of pools and documentation.

   • Conduct an audit to identify which pools are subject to complete or partial exemptions, which have the required building approvals and certificates of occupancy for all of their safety barrier, and which will need new compliance status certificates or lodgement.

2. Update legal and transactional templates.

   • Revise sale contracts, tenancy disclosure forms, condition reports and conveyancing checklists to use the new phrase "compliance status certificate" and to reflect the procedural requirement to lodge where applicable (sch 1).

3. Recordkeeping and process trails.

   • Start tracking dates of issue and receipt for compliance status certificates and for any Ministerial exemptions to demonstrate timely lodgement or to evidence compliance with transitional requirements.

4. Train staff and communicate to clients.

   • Ensure builders, certifiers, property developers, real-estate agents and conveyancers receive targeted training on the new nominee rules, insolvency triggers, the change in terminology and the 30-day lodgement duty for certificates given before 1 May 2028.

5. Monitor commencement dependencies.

   • Track the commencement of the Building (Swimming Pool Safety) Legislation Amendment Act 2023 and the relevant schedule of the Property Developers Act 2024, because multiple provisions in this Amendment Act commence only once those other Acts do (s 2).

By following these steps and aligning documentation, processes and training with the substituted provisions (notably the new s 83K, the s 83M transitional lodging clauses, the nominee regime in s 28A, and the insolvency-trigger substitutions), regulated parties can manage the new procedural obligations and reduce enforcement and administrative risk.