J2025-154
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Building and Construction Legislation
Amendment Act 2026
A2026-2
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2 Building Act 2004
4 Completion of building work
Section 48 (3) (e) 4
5 Section 48 (3) (n) (ii) 4
Contents
Page
contents 2 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
6 Approval of building manual
Section 48A (3) 4
7 Notification by certifier of contraventions of building and development
approvals—building work
Section 50 (3), example 4
8 Definitions—pt 5A
Section 83 (1), definition of compliance certificate 4
9 Section 83 (1), new definitions 5
10 Subdivision 5A.2.2 and section 83K headings 5
11 Section 83K (1) 6
12 Section 83K (1) (a) and (b) 6
13 Section 83K (2) 6
14 Section 83K (3) 7
15 Section 83K (4) 7
16 Section 83K (5) 7
17 Section 83K (5) (a) 7
18 Section 83K (5) (b) 8
19 Section 83K (6) (b) 8
20 Section 83K (6) (b) 8
21 Section 83K (6) (c) 8
22 Section 83L heading 9
23 Section 83L (1) 9
24 Section 83L (1) (c) 9
25 Section 83M heading 9
26 Section 83M (1) (c) and (d) 9
27 Section 83M (1) (e) 10
28 New section 83M (3) 10
29 Section 83OB heading 11
30 Section 83OB (1) (c) 11
31 Section 83OB (1) (d) and (e) 11
32 New section 83OB (3) 11
33 Authorised person
Section 83P (6) (b) 12
Contents
Page
A2026-2 Building and Construction Legislation Amendment
Act 2026
contents 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
34 Dictionary, definition of compliance certificate 12
35 Dictionary, new definitions 12
Part 3 Building (General) Regulation 2008
36 Standing exemptions
Table 36E, item 2, column 2 13
Part 4 Construction Occupations (Licensing)
Act 2004
37 What is an operational Act?
Section 16, new dot points 14
38 Notification requirements for licensees
Section 26B (1) 14
39 Section 26B (1) (b) (ii) 14
40 Section 28 heading 14
41 Section 28 (5) to (8) and example 14
42 New section 28A 15
43 Rectification order—licensee or former licensee wound up etc before
order made
Section 39A (1) (c) (ii) 16
44 Section 39A (2) (a) 16
45 Section 39B heading 16
46 Section 39B (1) (c) (ii) 16
47 Automatic suspension of corporate licence
Section 49 (2) (b) 16
48 Automatic suspension of licence—no nominee
Section 50A (2), note 17
49 Dictionary, definition of nominee 17
Part 5 Construction Occupations (Licensing)
Regulation 2004
50 Section 19 heading 18
51 Section 19 18
52 Section 19 18
Contents
Page
contents 4 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at
Part 6 Gas Safety Act 2000
53 Offence—unsafe medical gas system
Section 12A (c) (ii) 19
Part 7 Professional Engineers Act 2023
54 Definitions—div 10.1
Section 74 (2), definition of operational Act, new paragraph (fa) 20
55 Incorporating, applying or adopting documents in regulations and
certain instruments
Section 87 (1) (b) 20
Part 8 Property Developers Act 2024
56 Registrar must keep register
Section 25 (2) (d) 21
57 Section 25 (6) 21
58 Dictionary, definition of relevant law, new paragraph (ca) 21
59 Dictionary, definition of relevant law, new note 21
Schedule 1 Consequential amendments 22
Part 1.1 Civil Law (Sale of Residential Property)
Regulation 2004 22
Part 1.2 Residential Tenancies Regulation 1998 23
J2025-154
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Building and Construction Legislation
Amendment Act 2026
A2026-2
An Act to amend legislation about building and construction, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1 Preliminary
Section 1
page 2 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 1 Preliminary
1 Name of Act
This Act is the Building and Construction Legislation Amendment
Act 2026.
2 Commencement
(1) This Act (other than the provisions mentioned in subsections (2)
to (5)) commences on the 7th day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see Legislation Act, s 75 (1)).
(2) Section 6 commences on the day the Property Developers Act 2024,
schedule 2, amendment 2.6 commences.
(3) Sections 29 to 32 commence on the day the Building (Swimming Pool
Safety) Legislation Amendment Act 2023, section 6 commences.
(4) Sections 3, 56 and 57 commence on the day after this Act’s
notification day.
(5) Schedule 1, amendments 1.3 and 1.4 commence on the day the
Building (Swimming Pool Safety) Legislation Amendment Act 2023,
section 29 commences.
3 Legislation amended
This Act amends the following legislation:
• Building Act 2004
• Building (General) Regulation 2008
• Construction Occupations (Licensing) Act 2004
• Construction Occupations (Licensing) Regulation 2004
• Gas Safety Act 2000
Preliminary Part 1
Section 3
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
• Professional Engineers Act 2023
• Property Developers Act 2024.
Note This Act also amends other legislation (see sch 1).
Part 2 Building Act 2004
Section 4
page 4 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 2 Building Act 2004
4 Completion of building work
Section 48 (3) (e)
substitute
(e) a copy of any notice given to the certifier under section 43 (2);
5 Section 48 (3) (n) (ii)
after
drawings
insert
showing the completed building work
6 Approval of building manual
Section 48A (3)
omit
may only
substitute
must
7 Notification by certifier of contraventions of building and
development approvals—building work
Section 50 (3), example
omit
8 Definitions—pt 5A
Section 83 (1), definition of compliance certificate
omit
Building Act 2004 Part 2
Section 9
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
9 Section 83 (1), new definitions
insert
compliance status certificate, for a regulated swimming pool—see
section 83K (1).
complete exemption means a Ministerial exemption or standing
exemption that exempts a regulated swimming pool from all of the
safety standards.
partial Ministerial exemption means a Ministerial exemption that
exempts a regulated swimming pool from only part of the safety
standards.
10 Subdivision 5A.2.2 and section 83K headings
substitute
Subdivision 5A.2.2 Compliance status certificates
83JA Application—sdiv 5A.2.2
This subdivision does not apply in relation to a regulated swimming
pool if—
(a) the pool is subject to a complete exemption; or
(b) both of the following documents have been issued in relation to
all of the safety barrier for the pool:
(i) a building approval for the erection or alteration of a safety
barrier for the pool that, if erected or altered in accordance
with the plans, will comply with the safety standards, to
the extent that the pool is not subject to a partial Ministerial
exemption;
Part 2 Building Act 2004
Section 11
page 6 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(ii) a certificate of occupancy for the safety barrier for the pool
stating that the safety barrier was erected or altered in
accordance with the building approval mentioned in
subparagraph (i).
83K Compliance status certificates
11 Section 83K (1)
omit
(the owner) a written certificate (a compliance certificate)
substitute
(the pool owner) a written certificate (a compliance status certificate)
12 Section 83K (1) (a) and (b)
omit
Ministerial exemption
substitute
partial Ministerial exemption
13 Section 83K (2)
omit
the owner a compliance certificate
substitute
the pool owner a compliance status certificate
Building Act 2004 Part 2
Section 14
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
14 Section 83K (3)
omit
the owner
substitute
the pool owner
15 Section 83K (4)
omit
the owner a compliance certificate
substitute
the pool owner a compliance status certificate
16 Section 83K (5)
omit
given the owner
substitute
given the pool owner
17 Section 83K (5) (a)
omit
the owner a compliance certificate
substitute
the pool owner a compliance status certificate
Part 2 Building Act 2004
Section 18
page 8 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
18 Section 83K (5) (b)
omit
compliance certificate to the owner
substitute
compliance status certificate to the pool owner
19 Section 83K (6) (b)
omit
compliance certificate
substitute
compliance status certificate
20 Section 83K (6) (b)
omit
Ministerial exemption
substitute
partial Ministerial exemption
21 Section 83K (6) (c)
omit
compliance certificate
substitute
compliance status certificate
Building Act 2004 Part 2
Section 22
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
22 Section 83L heading
substitute
83L Period for which compliance status certificate in force
23 Section 83L (1)
omit
compliance certificate
substitute
compliance status certificate
24 Section 83L (1) (c)
omit
Ministerial exemption
substitute
partial Ministerial exemption
25 Section 83M heading
substitute
83M Failure to lodge compliance status certificate etc for
regulated swimming pool
26 Section 83M (1) (c) and (d)
substitute
(c) the pool is not subject to complete exemption; and
(d) the relevant documents have not been issued for all of the safety
barrier for the pool; and
Part 2 Building Act 2004
Section 27
page 10 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(da) the person is given a compliance status certificate by an
authorised person before 1 May 2028; and
(db) the person fails to lodge the compliance status certificate, with
any partial exemption certificate, with the construction
occupations registrar within 30 days after the day the person
receives the compliance status certificate; and
27 Section 83M (1) (e)
omit
subsection (1) (d)
substitute
paragraph (db)
28 New section 83M (3)
insert
(3) In this section:
partial exemption certificate means an exemption certificate that
exempts a regulated swimming pool from only part of the safety
standards.
relevant documents, in relation to a safety barrier for a regulated
swimming pool, means both of the following:
(a) a building approval for the erection or alteration of a safety
barrier for the pool that, if erected or altered in accordance with
the plans, will comply with the safety standards, to the extent
that the pool is not subject to a partial Ministerial exemption;
(b) a certificate of occupancy for the pool stating that the safety
barrier was erected or altered in accordance with the building
approval mentioned in paragraph (a).
Building Act 2004 Part 2
Section 29
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
29 Section 83OB heading
substitute
83OB Failure to obtain compliance status certificate for
regulated swimming pool
30 Section 83OB (1) (c)
substitute
(c) the pool is not subject to a complete exemption; and
(ca) the relevant documents have not been issued for all of the safety
barrier for the pool; and
31 Section 83OB (1) (d) and (e)
omit
compliance certificate
substitute
compliance status certificate
32 New section 83OB (3)
insert
(3) In this section:
relevant documents, in relation to a safety barrier for a regulated
swimming pool, means both of the following:
(a) a building approval for the erection or alteration of a safety
barrier for the pool that, if erected or altered in accordance with
the plans, will comply with the safety standards, to the extent
that the pool is not subject to a partial Ministerial exemption;
Part 2 Building Act 2004
Section 33
page 12 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) a certificate of occupancy for the pool stating that the safety
barrier was erected or altered in accordance with the building
approval mentioned in paragraph (a).
33 Authorised person
Section 83P (6) (b)
omit
compliance certificates
substitute
compliance status certificates
34 Dictionary, definition of compliance certificate
omit
35 Dictionary, new definitions
insert
compliance status certificate, for a regulated swimming pool, for
part 5A (Regulated swimming pools)—see section 83K (1).
complete exemption, for part 5A (Regulated swimming pools)—see
section 83K (1).
partial Ministerial exemption, for part 5A (Regulated swimming
pools)—see section 83K (1).
Building (General) Regulation 2008 Part 3
Section 36
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 13
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Part 3 Building (General)
Regulation 2008
36 Standing exemptions
Table 36E, item 2, column 2
omit
built before 1 May 2023
Part 4 Construction Occupations (Licensing) Act 2004
Section 37
page 14 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 4 Construction Occupations
(Licensing) Act 2004
37 What is an operational Act?
Section 16, new dot points
insert
• Professional Engineers Act 2023
• Property Developers Act 2024
38 Notification requirements for licensees
Section 26B (1)
omit
(a notification event);
substitute
(a notification event):
39 Section 26B (1) (b) (ii)
substitute
(ii) the corporation is placed into administration, receivership
or liquidation;
40 Section 28 heading
substitute
28 Eligibility for licence—corporations and partnerships
41 Section 28 (5) to (8) and example
omit
Construction Occupations (Licensing) Act 2004 Part 4
Section 42
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 15
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
42 New section 28A
insert
28A Nominees of corporations or partnerships
(1) A corporation or partnership may, in writing, appoint an individual to
be a nominee if the individual—
(a) meets any eligibility requirements prescribed by regulation; and
(b) is licensed in the construction occupation and occupation class
(if any) appropriate for each of the construction services for
which the individual is to be responsible; and
(c) agrees in writing to the appointment.
(2) If the nominee is to be responsible for the adequate supervision of
only some of the construction services to be provided by the
corporation or partnership, the appointment must state the services
for which the nominee is responsible.
(3) A nominee of a corporation or partnership for a construction service,
construction occupation or occupation class automatically stops being
a nominee for the service, occupation or class if the nominee stops
being eligible to be appointed as a nominee for the service, occupation
or class.
Example
Satnam is a class A builder and is the appointed nominee for a corporation that
provides construction services. The registrar applies to the ACAT for an
occupational discipline order and the ACAT orders the cancellation of Satnam’s
class A builders licence. The cancellation of the licence means that Satnam is not
eligible to be a nominee and his appointment as a nominee automatically ends.
There is no need for Satnam to resign as nominee or for the corporation to revoke
his appointment.
Part 4 Construction Occupations (Licensing) Act 2004
Section 43
page 16 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
43 Rectification order—licensee or former licensee wound
up etc before order made
Section 39A (1) (c) (ii)
substitute
(ii) the entity is placed into administration, receivership or
liquidation; or
44 Section 39A (2) (a)
omit
or a controller or administrator was appointed for the entity or the
entity was deregistered
substitute
placed into administration, receivership or liquidation or deregistered
45 Section 39B heading
substitute
39B Rectification order—licensee or former licensee wound
up etc after order made
46 Section 39B (1) (c) (ii)
substitute
(ii) the entity is placed into administration, receivership or
liquidation; or
47 Automatic suspension of corporate licence
Section 49 (2) (b)
substitute
(b) is placed into administration, receivership or liquidation; or
Construction Occupations (Licensing) Act 2004 Part 4
Section 48
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 17
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48 Automatic suspension of licence—no nominee
Section 50A (2), note
omit
(see s 28)
substitute
(see s 28A)
49 Dictionary, definition of nominee
omit
section 28
substitute
section 28A
Part 5 Construction Occupations (Licensing) Regulation 2004
Section 50
page 18 Building and Construction Legislation Amendment
Act 2026
A2026-2
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Part 5 Construction Occupations
(Licensing) Regulation 2004
50 Section 19 heading
substitute
19 Eligibility requirements for nominees—Act, s 28A (1) (a)
51 Section 19
omit everything before paragraph (a), substitute
An individual must meet all of the following eligibility requirements:
52 Section 19
omit
; and
substitute
;
Gas Safety Act 2000 Part 6
Section 53
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 19
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Part 6 Gas Safety Act 2000
53 Offence—unsafe medical gas system
Section 12A (c) (ii)
before
the person
insert
the construction occupations registrar and
Part 7 Professional Engineers Act 2023
Section 54
page 20 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 7 Professional Engineers Act 2023
54 Definitions—div 10.1
Section 74 (2), definition of operational Act, new
paragraph (fa)
insert
(fa) Property Developers Act 2024;
55 Incorporating, applying or adopting documents in
regulations and certain instruments
Section 87 (1) (b)
substitute
(b) an instrument made under—
(i) section 83 (Qualifications, experience and competencies
for professional engineers); or
(ii) section 84 (Continuing professional development for
professional engineers); or
(iii) section 85 (Codes of practice).
Property Developers Act 2024 Part 8
Section 56
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 21
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Part 8 Property Developers Act 2024
56 Registrar must keep register
Section 25 (2) (d)
omit
and director identification numbers
57 Section 25 (6)
omit
58 Dictionary, definition of relevant law, new paragraph (ca)
insert
(ca) the Community Housing Providers National Law (ACT);
59 Dictionary, definition of relevant law, new note
insert
Note The Community Housing Providers National Law (ACT) Act 2013, s 7
applies the Community Housing Providers National Law set out in the
Community Housing Providers (Adoption of National Law) Act 2012
(NSW) appendix as if it were an ACT law called the Community Housing
Providers National Law (ACT).
Schedule 1 Consequential amendments
Part 1.1 Civil Law (Sale of Residential Property) Regulation 2004
Amendment [1.1]
page 22 Building and Construction Legislation Amendment
Act 2026
A2026-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 Civil Law (Sale of Residential
Property) Regulation 2004
[1.1] Section 10B (1) and (2)
omit
compliance certificate
substitute
compliance status certificate
[1.2] Section 10B (3), definition of compliance certificate
substitute
compliance status certificate, for a regulated swimming pool—see
the Building Act 2004, section 83K (1).
[1.3] Section 10B (1) to (3)
omit
compliance certificate
substitute
compliance status certificate
[1.4] Section 10B (4), definition of compliance certificate
substitute
compliance status certificate, for a regulated swimming pool—see
the Building Act 2004, section 83K (1).
Consequential amendments Schedule 1
Residential Tenancies Regulation 1998 Part 1.2
Amendment [1.5]
A2026-2 Building and Construction Legislation Amendment
Act 2026
page 23
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Part 1.2 Residential Tenancies
Regulation 1998
[1.5] Section 1AAB (3) and (4)
omit
compliance certificate
substitute
compliance status certificate
[1.6] Section 1AAB (6), definition of compliance certificate
substitute
compliance status certificate, for a regulated swimming pool—see
the Building Act 2004, section 83K (1).