Property Developers Regulation 2025

The regulation operationalises a small set of concepts that interact with the Property Developers Act 2024 and other legislation. The main concepts in the text are: prescribed application information (for licence and renewal), exclusions from the definitions of property developer and director, excluded buildings and excluded building work, persons required to comply with the code of practice, and a delayed amendment to a cross‑reference. These concepts are defined or invoked in specific provisions:

• Prescribed application information (regs 5-6). The regulation prescribes that applicants must supply the information set out in the Act, s 25(2)(a), (b), (e) and (j). It then extends the prescription with corporate‑specific requirements: director identification numbers for any person who is, or has been, a director since the “relevant day” (1 October 2025), details of associated entities or past associated entities since the relevant day, and director identification numbers for directors of associated corporate entities (regs 5(1)(b) and 6(1)(b)). For registered community housing providers, applicants must provide evidence of registration (regs 5(1)(c), 6(1)(c)). The regulation takes the reference to “licensee” in Act s 25(2) to mean “applicant” for the purposes of the prescribed contents of an application (reg 5(2)).

• “Relevant day” framing (regs 5(3), 6(2)). Both the application and renewal requirements use the same temporal trigger, defined as 1 October 2025. The director identification number is defined by reference to the Corporations Act, s 9 (regs 5(3), 6(2)).

• Exclusions from “property developer” (reg 8). The regulation enumerates persons who are excluded from the Act’s definition of property developer. The list includes advisers and professionals acting in limited capacities (see the examples in reg 8(1)(a)(i) and (iv)-(vi)), accredited assessors and certifiers under the Construction Occupations (Licensing) Act 2004, financial service providers (with the term “financial service” cross‑referenced to the Corporations Act, s 766A), subcontractors and employees, registered liquidators, buyers under off‑the‑plan contracts (referenced to Civil Law (Sale of Residential Property) Act 2003 s 19A(1) subject to the delayed amendment), and licensed owner‑builders (reg 8(1)(b)).

• Excluded directors (reg 9). The regulation sets out that directors of registered community housing providers (or directors of a wholly‑owned subsidiary of such a provider) are excluded persons under Act s 52(4)(b).

• Excluded buildings and building work (regs 11-12). A building used by an “aged care provider” as part of a “retirement village” is excluded from the Act’s regulated residential building definition; building work relating to such a building is likewise excluded. The regulation provides a two‑part definition of aged care provider for that purpose, using references to Commonwealth legislation: the Aged Care Quality and Safety Commission Act 2018 and the ACNC Act 2012 (reg 11).

• Persons who must comply with code of practice (reg 13). The regulation prescribes that a person who arranges for residential building work to be undertaken is a person required to comply with the code of practice under the Act, s 117(1)(b).

• Delayed amendment (regs 14-15). Part 6 is a self‑contained amendment to this regulation, substituting a different cross‑reference for “off‑the‑plan contract” in reg 8(2), and is uncommenced at the republication date (reg 14; reg 15).

The dictionary (s 3 and end dictionary) links key terms to definitions in other Acts (for example, director identification number per Corporations Act s 9; registered community housing provider per Community Housing Providers National Law (ACT) s 4(1)). The regulation therefore relies on cross‑references to define key terms and to import definitions from other legislation.

Conceptually, the regulation is a mix of disclosure rules (what information applicants must disclose), carve‑outs (who and what is outside the Act’s scope), and a delegated compliance trigger (who must follow the code of practice). The disclosure rules are backward‑looking in time through the “relevant day” test. The carve‑outs are granular, separating narrow roles (for example, a subcontractor engaged to undertake a particular part of the work) from the broader label of property developer.

The regulation affects four principal groups of actors directly: licence applicants and licence holders seeking renewal, corporations with board turnover or associated entities, people involved in arranging or carrying out residential building work, and certain classes of buildings and building owners/operators.

• Licence applicants and renewers. Any person applying for a property developer licence, and any licence holder applying for renewal, must provide the prescribed information in reg 5 or reg 6. Those requirements import the Act’s s 25(2)(a), (b), (e) and (j) and add corporate disclosure requirements. The requirement applies when Part 2 is in force, which commences on the commencement of the Act, s 11 (reg 2(2)). The regulation treats the Act’s references to “licensee” as references to “applicant” for the purposes of the prescribed information (reg 5(2)), so the immediate procedural obligation is on applicants at application/renewal time.

• Corporations and their directors. Corporate applicants and renewing licensees must provide director identification numbers for any person who is or has been a director at any time since the “relevant day” (1 October 2025) (regs 5(1)(b)(i), 6(1)(b)(i)). They must also provide details about current or past associated entities since the relevant day, and, where an associated entity is a corporation, director identification numbers for its directors (regs 5(1)(b)(ii)-(iii), 6(1)(b)(ii)-(iii)). This reaches individuals who served as directors within the specified look‑back period and associated entities with corporate governance links; it therefore affects corporate governance disclosure, recordkeeping and pre‑application due diligence.

• Registered community housing providers and their subsidiaries. If the applicant is a registered community housing provider, evidence of registration must be provided (regs 5(1)(c), 6(1)(c)). Additionally, reg 9 excludes from director‑targeted provisions persons who were directors of registered community housing providers and those who were directors of a wholly‑owned subsidiary of such providers. The regulation therefore affects both obligations on registration evidence and the scope of director liability or obligations in relation to community housing providers.

• People arranging residential building work. The regulation prescribes that a person who arranges for residential building work to be undertaken is required to comply with the code of practice under Act s 117(1)(b) (reg 13). That reaches persons who may not be the principal contractor but who organise or oversee procurement or engagement of contractors. The carve‑outs in reg 8 narrow the class of persons who are captured as property developers but do not remove the code‑of‑practice obligation where a person arranges work.

• Subcontractors, professionals, certifiers, financiers and buyers under off‑the‑plan contracts. The regulation explicitly excludes certain actors from the statutory definition of “property developer” (reg 8), which affects their regulatory exposure. The excluded list includes professionals providing advice in their professional capacity (defined in reg 9 as persons who provide professional advice to more than one client, excluding employees who provide professional advice to their employer); providers of assessment/certification services under the Construction Occupations (Licensing) Act 2004; financial service providers (as defined by Corporations Act s 766A); contractors engaged only for a particular part of building work and their employees/subcontractors; registered liquidators; buyers under off‑the‑plan contracts (including those who later sell their interest); and persons licensed as owner‑builders under the Construction Occupations (Licensing) Act 2004 (reg 8).

• Owners/operators of retirement village buildings used by aged care providers. Buildings used by an “aged care provider” as part of a retirement village are excluded from the regulated residential building definition and related building work is excluded (regs 11-12). The regulation provides the qualifying test for aged care provider status by reference to Commonwealth statutory registration and approved provider status.

• Administrative bodies and regulators. The regulation places evidentiary and documentary tasks on applicants and on the licensing administration that will receive applications and renewals. It also connects to other regimes (Corporations Act, Construction Occupations (Licensing) Act 2004, Civil Law (Sale of Residential Property) Act 2003, Community Housing Providers National Law (ACT)), so regulators and compliance teams in those regimes will be implicated to the extent cross‑referenced material is relied upon during licensing decisions.

Who bears the compliance burden: primary compliance costs fall on applicants and renewing licensees (document collection, provision of director IDs, associated entity details, evidence of registration). Additional compliance tasks fall on persons who arrange residential building work who must observe the code of practice. Certain actors see a reduction in regulatory exposure because they are expressly excluded from the developer definition, which can reduce licensing and other obligations.

Who decides and enforces: the regulation implements requirements that feed into licensing decisions under the Property Developers Act (the Act’s licensing provisions), and it prescribes persons who must comply with the Act’s code of practice. The text does not restate the licensing decision process or penalties beyond noting that penalty unit values for offences against the law are set by the Legislation Act (front matter). The licensing authority and enforcement mechanisms therefore remain those established in the parent Act and other referenced laws, with this regulation supplying content for compliance and exclusions.

The regulation creates prescriptive duties and clarifies rights or exclusions in several areas. The duties are mostly documentary and compliance obligations attached to licence applications, renewals and arranging building work; the rights are limited to statutory exclusions that remove actors from the scope of the property developer definition.

Duties:

• Duty to include prescribed information with licence applications. Regulation 5 prescribes the information that must accompany a licence application under Act s 11(2)(d). This includes (a) the information set out in Act s 25(2)(a), (b), (e) and (j) (imported); (b) for corporate applicants, director identification numbers for any person who is or has been a director at any time since the relevant day, details of associated entities or past associated entities since the relevant day, and director identification numbers for directors of any associated entity that is a corporation; (c) if the applicant is a registered community housing provider, evidence of the applicant’s registration (reg 5).

• Duty to include prescribed information with licence renewal applications. Regulation 6 replicates the requirements in reg 5 for renewal applicants (reg 6(1)). The same corporate disclosure duties and evidence obligations apply.

• Duty to comply with the code of practice for arranging residential building work. Regulation 13 prescribes that “a person who arranges for residential building work to be undertaken is prescribed” for the purposes of Act s 117(1)(b), which means such persons have the statutory duty to comply with the code of practice enacted under the Act.

• Duty to use defined cross‑references. The regulation requires applicants to provide director identification numbers “under the Corporations Act, section 9” (regs 5(3), 6(2)), and it frames “off‑the‑plan contract” by reference to the Civil Law (Sale of Residential Property) Act 2003 s 19A(1) (reg 8(2)) subject to an uncommenced amendment to substitute s 19AA(1) (regs 14-15). These duties impose an obligation to rely on other legislative regimes to determine compliance content; applicants must secure and supply official identifiers and evidence recognised under those Acts.

Rights and exclusions:

• Exclusion from the property developer definition. Regulation 8 lists several categories of persons who are expressly excluded from the Act’s property developer definition (reg 8(1)). Those exclusions function as rights to be treated as outside the property developer regulatory regime for the Act’s purposes. Included are professionals acting in a professional capacity, certifiers and assessors performing services under the Construction Occupations (Licensing) Act 2004, financial services providers, contractors limited to a particular part of the work, employees and subcontractors of those contractors, employees of a property developer, registered liquidators engaged for the developer, buyers under off‑the‑plan contracts (including buyers who later sell their interest), and persons licensed to undertake residential building work in the occupation class of owner‑builder (reg 8(1)(a)-(b)). The regulation defines “professional” narrowly as a person who provides professional advice to more than one client and excludes employees who provide professional advice in their capacity as an employee (reg 9).

• Exclusion of directors connected to registered community housing providers. Regulation 9 provides that if a property developer is a registered community housing provider, or a wholly‑owned subsidiary of one, a person who was a director of the provider or of the subsidiary is excluded under Act s 52(4)(b). That is a specific carve‑out that limits the reach of director‑based obligations or sanctions in the Act for those persons.

• Exclusion of specific buildings and building work. Regulation 11 excludes buildings used by an “aged care provider” as part of a retirement village from the definition of regulated residential building (reg 11(1)). Regulation 12 excludes building work in relation to those buildings. The regulation defines “aged care provider” by reference to Commonwealth legislation (reg 11(2)).

Implications of duties and rights:

• The licensing duties are documentary and retrospective to the relevant day for director and associated entity disclosures, so applicants must conduct historic governance review to comply. The code of practice duty attaches to a broad class of “arrangers” of residential building work, which can encompass corporate officers, project managers, procurement agents or others who arrange engagement of contractors.

• The exclusions create protected categories that reduce regulatory exposure, but they are precise and conditional. For instance, the “professional” carve‑out hinges on providing advice to more than one client, and excludes employee advisors acting within employer capacity (reg 9). Similarly, buyers under off‑the‑plan contracts are excluded (reg 8(1)(a)(viii)), but the definition of off‑the‑plan contract is cross‑referenced to another Act and is itself subject to a delayed change (reg 15).

• Rights created by exclusions are not absolute entitlements to immunity from other obligations under the Act or other laws; they simply remove the person from being captured by the statutory definition of property developer, which will affect the Act’s application to them but does not itself extinguish parallel duties in other regimes referenced by the regulation.

The regulation itself does not create a detailed schedule of pecuniary penalties, administratively enforceable sanctions or specific enforcement procedures. The republished regulation’s front matter, however, records the penalty unit values applicable to offences against this law at the republication date. That statement provides the available monetary scale for any offence imposed under the regulation or the parent Act:

• At the republication date the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133). This means any offence provision in the parent Act or this regulation that prescribes a penalty in penalty units will convert to those dollar amounts for the respective classes of offender while those penalty unit values remain in force.

Enforcement mechanism: the regulation integrates with enforcement and licensing mechanisms established by the Property Developers Act 2024. It prescribes the content of licence applications and renewals (regs 5-6), which feed into administrative licensing decisions under the Act. It prescribes exclusions from the Act’s definition of property developer and directors (regs 8-9), which affect who is subject to enforcement actions under the Act. It also prescribes that persons who arrange residential building work are required to comply with the code of practice under Act s 117(1)(b) (reg 13); contraventions of a code of practice requirement may give rise to enforcement consequences under the Act, but the regulation does not itself set out the civil or criminal consequences of non‑compliance beyond referencing the parent Act’s enforcement structure.

Temporal application relevant to enforcement:

• Parts 3 and 4 apply in relation to a person and to a building or building work after 10 July 2024 respectively (regs 7, 10). These effective dates matter for any enforcement action premised on conduct after those dates.

• Part 2 (licensing information requirements) commences with the commencement of the Act s 11 (reg 2(2)). The timing determines when licensing applications must meet the new documentary duties, and therefore when enforcement for omission of those documents could arise in licensing processes.

Delays and amendments affecting enforcement:

• Part 6 contains a delayed amendment altering the source reference for the definition of “off‑the‑plan contract” in reg 8(2) (regs 14-15). Until Part 6 commences, the existing cross‑reference applies; when Part 6 commences the new cross‑reference will apply. This change alters the legal test for who qualifies as a buyer under an off‑the‑plan contract exclusion, and thereby alters the population of persons shielded from developer regulation. Because Part 6 is uncommenced at the republication date, enforcement bodies must track commencement to know which definition applies at any given time (reg 14 and endnote 5).

Practical enforcement considerations evident from the regulation text:

• Enforcement will hinge on documentary evidence provided by applicants and renewers (regs 5-6) and on determining who falls within the listed exclusions (reg 8). That places an evidentiary burden on licensing administrators to verify director identification numbers, associated entity details and registration evidence where relevant.

• The regulation’s cross‑referencing to other Acts for the meaning of terms such as director identification number, financial service, off‑the‑plan contract and registered community housing provider (see dictionary and regs 5-6, 8(2), 11(2)) means enforcement will require inter‑legislative interpretation and may depend on records or registrations maintained under those other regimes.

• The specification of excluded persons and excluded building types reduces the universe of targets for enforcement under the Act, but the narrowness of some exclusions (for example the “professional” definition in reg 9) means enforcement bodies may need to make fine‑grained factual assessments about the nature of an individual’s role (employee vs external adviser, single‑client adviser vs adviser to multiple clients, etc.).

The regulation is heavily cross‑referential and deliberately interfaces with multiple other Commonwealth and ACT statutes. The regulation imports definitions, evidentiary standards and legal triggers from those statutes; compliance therefore requires reference to external registers, identifiers and licensing regimes.

Key cross‑references and interactions in the text:

• Corporations Act (Commonwealth). The regulation requires “director identification numbers” as defined by the Corporations Act, s 9, for any person who is or has been a director since the “relevant day” (regs 5(3), 6(2), and regs 5(1)(b)(i), 6(1)(b)(i)). It also uses the Corporations Act schedule 2 definition of “registered liquidator” (reg 8(1)(a)(vii) and the definition in reg 9). The Corporations Act also supplies the cross‑reference for “financial service” via the Corporations Act s 766A (reg 8(2)). These references mean licence applicants must rely on Commonwealth corporate identifiers and insolvency records to satisfy state/territory licensing requirements.

• Construction Occupations (Licensing) Act 2004 (ACT). The regulation excludes people who provide assessment or certification services under the Construction Occupations (Licensing) Act 2004 from the property developer definition (reg 8(1)(a)(ii)), and also excludes persons licensed as owner‑builders under that Act from being property developers (reg 8(1)(b)). The consequence is an interaction between building occupations licensing and property developer regulation: occupational licensing rules determine whether a person is excluded from developer obligations.

• Civil Law (Sale of Residential Property) Act 2003 (ACT). The definition of “off‑the‑plan contract” used in reg 8(1)(a)(viii) is cross‑referenced to the Civil Law (Sale of Residential Property) Act 2003 s 19A(1) (reg 8(2)). Part 6 (uncommenced) substitutes s 19A(1) with s 19AA(1) (regs 14-15). The cross‑reference determines which buyers under off‑the‑plan contracts qualify for exclusion from the developer definition, so the meaning of “off‑the‑plan contract” under the Civil Law Act directly controls who is excluded.

• Aged Care Quality and Safety Commission Act 2018 (Cth) and Australian Charities and Not‑for‑profits Commission Act 2012 (Cth). The regulation excludes buildings used by an “aged care provider” as part of a retirement village from the regulated residential building definition, and it defines “aged care provider” by reference to these Commonwealth Acts, requiring an entity to be (a) an approved provider under the Aged Care Quality and Safety Commission Act 2018 (Cth) and (b) registered as a public benevolent institution under the ACNC Act 2012 (Cth) (reg 11(2)). This creates a nexus between Commonwealth approvals/registrations and ACT regulation scope.

• Community Housing Providers National Law (ACT). The regulation treats “registered community housing provider” as defined in that national law (dictionary). It requires evidence of registration from applicants that are registered community housing providers (regs 5(1)(c), 6(1)(c)) and excludes directors of such providers or of their wholly‑owned subsidiaries from director provisions (reg 9). This ties licensing evidence and director carve‑outs to a national law definition and registration process.

• Legislation Act 2001 (ACT). The regulation’s front matter and editorial notes invoke the Legislation Act for commencement rules and the penalty unit values (front matter and reg 2). It also states that editorial changes under Legislation Act part 11.3 are not included in this republication (about this republication note). The penalty unit values are stated to be as provided by the Legislation Act, s 133.

Interaction mechanics and implications:

• The regulation’s duties and carve‑outs are contingent on records and statuses maintained under other regimes. For example, confirming a director identification number requires interaction with the Corporations Act regime, and confirming whether a person is a buyer under an off‑the‑plan contract requires reference to the Civil Law Act’s definition. These interactions mean licensing authorities and applicants must co‑ordinate across registers and statutes.

• The exclusion of aged care provider buildings rests on Commonwealth approval and ACNC registration. That creates an exclusion contingent on compliance with Commonwealth thresholds and registers rather than an ACT administrative test.

• The regulation’s cross‑references can create sequencing issues for compliance and enforcement. The director identification look‑back is limited to the “relevant day” (1 October 2025), so applicants must reconcile records across time and between Acts. Part 6’s uncommenced substitution of the off‑the‑plan cross‑reference demonstrates how amendments to other Acts (or to this regulation) can change the scope of exclusions, which affects who is subject to regulatory duties.

• Because the regulation imports definitions from multiple regimes, interpretive disputes arising under the regulation may require reference to the parent statutes’ interpretive rules and registries. The regulation therefore operates as a cross‑legislative instrument that both draws on and defers to existing licensing, corporate and Commonwealth regimes.

The republished regulation includes an explicit record of its notification and commencement, a delayed commencement for some parts, and a self‑contained delayed amendment (Part 6) which was uncommenced at the republication date. The endnotes and the commencement provision specify which parts took effect when and which remain uncommenced.

Chronology and legislative changes in the republished text:

• Notification and commencement. The regulation was notified on 15 October 2025 (legislation history, endnote 3). Section 1 (name) and section 2 (commencement) commenced on 15 October 2025 pursuant to the Legislation Act, s 75(1). The remainder of the regulation, other than the parts specified, commenced on dates indicated in the legislation history (endnote 3). Part 2 commenced on 5 November 2025 (reg 2(2) and legislation history). The “remainder” commenced 16 October 2025 (legislation history).

• Delayed amendment (Part 6). Part 6 is marked as uncommenced in the republication (reg 14; endnote 5). Part 6 amends this regulation by substituting a different cross‑reference for “off‑the‑plan contract” in reg 8(2): it omits the reference to section 19A(1) of the Civil Law (Sale of Residential Property) Act 2003 and substitutes section 19AA(1) (reg 15). The republication explicitly marks Part 6 as “U” (uncommenced) (reg 14 and endnote 5).

• Editorial amendment note. The republication includes standard Parliamentary Counsel notes about editorial changes permitted under the Legislation Act 2001, part 11.3, and records that this republication does not include amendments made under that part (front matter “About this republication” and “Editorial changes”). That indicates that editorial corrections may have been possible but are not reflected as substantive changes in the republished law.

• Earlier republications. The endnotes list a prior republication (R1) effective 16 October 2025 and indicate the law is new regulation without amendment history prior to that date (endnote 4). The current republication is R2 effective 5 November 2025 (pages top and endnotes).

Practical implications of the amendment history:

• Timing of obligations is staged. Because Part 2 (licensing information) commences with the Act’s s 11 commencement (reg 2(2)), applicants must follow the new application content requirements from that commencing date onward. Part 6’s delayed amendment means the legal definition relied upon for excluding buyers under off‑the‑plan contracts is subject to change only when Part 6 commences. Until Part 6 commences the existing cross‑reference to s 19A(1) applies; after commencement, the substitute s 19AA(1) will govern.

• Stakeholders must track uncommenced parts. The existence of an uncommenced change that replaces a statutory cross‑reference requires attention from practitioners because the population of excluded persons under reg 8(1)(a)(viii) may alter once the cross‑reference is switched.

• Legislative history is limited. The endnotes show a straightforward and recent enactment, with no prior amendments recorded in the republished text beyond the uncommenced Part 6. That means the regulation is freshly operationalised with limited amendment iterations reflected in the law as republished.

• The regulation employs external definitions and consequential amendments to align with external legislative developments. The inclusion of a delayed amendment suggests either a sequencing requirement with changes in the Civil Law Act or a planned transition to a different statutory provision. The text does not explain the policy reason for the substitution; it simply records the pending change (reg 15).

For practitioners, the amendment history emphasises checking commencement notices and the legislation register for the exact dates when Part 2 and Part 6 commence, because those dates alter the content of obligations and the scope of exclusions under the regulation.

The republished regulation does not include any court decisions, case citations, or entries in a litigation history section. The text and endnotes do not record judicial interpretation or litigation arising from the regulation. The endnotes focus exclusively on the legislative history and republication details (endnotes 3-5) and state earlier republications and uncommenced provisions. There is no explicit litigation history captured in the republished instrument.

Implications from the absence of litigation history:

• No reported judicial clarifications are available within the text. Practitioners cannot rely on authoritative judicial interpretation of ambiguous terms or contested provisions within this regulation as presented in the republished law. Where the regulation cross‑refers to other statutes (for example, Corporations Act, Construction Occupations (Licensing) Act 2004, Civil Law (Sale of Residential Property) Act 2003), there may be existing case law interpreting those statutes, but this regulation’s republished text does not include any such references.

• Interpretive uncertainty remains for contested points. The regulation contains several cross‑legislative definitions and exclusions that can raise interpretive questions,for example, whether a particular adviser is “professional” as defined in reg 9, or whether a particular transaction qualifies as an “off‑the‑plan contract” under the Civil Law Act cross‑reference (reg 8(2)). Without litigation history in the republished material, agencies and courts retain their usual roles in resolving ambiguities on a case‑by‑case basis, but no precedent is recorded in the statutory text to guide stakeholders.

• Implementation risk for administrators and applicants. The absence of recorded litigation reinforces the need for administrative guidance and careful evidentiary standards. Licensing administrators will need to develop internal policy or guidance to apply the exclusions, the documentary requirements for director identification numbers and associated entity disclosures, and the code of practice obligations to persons arranging work.

Practical steps given the lack of litigation history:

• Seek administrative guidance from the licensing authority. Where the regulation leaves factual tests or inter‑statutory interactions unclear, practitioners should pursue agency guidance on interpretation and expected documentary standards.

• Maintain contemporaneous records and evidence. Because the regulation imposes retrospective disclosure obligations (the “relevant day”), thorough records will reduce compliance risk in the absence of settled judicial standards.

• Monitor for case law post‑commencement. Once the regulation is in force there is potential for judicial review or other litigation that could produce precedential interpretations. Practitioners should track case law developments related to the Property Developers Act and this regulation to adjust compliance approaches.

In short, the republished regulation records no litigation history; that absence increases the importance of administrative guidance, careful factual documentation and monitoring for later judicial developments.

The regulation contains several detail‑level features that can produce unintended compliance consequences or surprise practitioners who rely on general assumptions. These “gotchas” arise from look‑back disclosure windows, narrow definitions, cross‑legislative dependencies, exact timing of commencements, and the interaction between exclusions and code‑of‑practice obligations.

Key points to watch:

• Look‑back to the “relevant day” (1 October 2025) for director and associated entity disclosures. Regs 5(1)(b) and 6(1)(b) require director identification numbers and associated entity details for any person who “is a director or has been a director at any time since the relevant day.” The relevant day is defined as 1 October 2025 (regs 5(3), 6(2)). This captures past directors and associated entities over a specified period, not just current directors. Practitioners must perform retrospective governance checks, not merely gather current directorship data. Failure to disclose past directors within that date range could render an application incomplete.

• Director identification number source and scope. The regulation requires director identification numbers “under the Corporations Act, section 9” (regs 5(3), 6(2)). Applicants must ensure that identification numbers provided are obtained via the Corporations Act mechanisms and correspond to the individual directors who served during the relevant look‑back period. If a person acted as an unregistered director in another capacity or outside the Corporations Act’s registration scheme, there may be practical difficulties in matching roles to prescribed identifiers.

• Associated entity disclosure. The regulation requires details about associated entities and, if a current or former associated entity is a corporation, the director identification numbers of its directors (regs 5(1)(b)(ii)-(iii), 6(1)(b)(ii)-(iii)). The scope of “associated entity” is not defined in the regulation itself but is signposted to the Act dictionary (dictionary). Determining which entities qualify as associated entities since the relevant day may require legal analysis and corporate records review.

• “Professional” is narrowly defined. Reg 9 defines professional as a person who provides professional advice to more than one client and explicitly excludes someone providing professional advice as an employee of the client. That means a sole‑practitioner consultant who advises a single client could fall outside the “professional” carve‑out and be caught as a property developer unless another exclusion applies. Conversely, an employee giving advice in the course of employment is not a “professional” for the carve‑out. These fine distinctions can alter regulatory exposure.

• Off‑the‑plan buyer exclusion depends on cross‑reference and an uncommenced amendment. Reg 8(1)(a)(viii) excludes “a buyer under an off‑the‑plan contract, including a buyer who later sells their interest under the contract.” The regulation references the Civil Law (Sale of Residential Property) Act 2003 s 19A(1) for “off‑the‑plan contract” (reg 8(2)). Part 6 would substitute s 19A(1) with s 19AA(1) when commenced (regs 14-15). Until Part 6 commences, the exclusion operates on the s 19A(1) test; after commencement, the test may change. Applicants and advisers must track commencement dates and the textual difference between s 19A(1) and s 19AA(1) to know which contracts qualify.

• Exclusions tied to Commonwealth registrations. The exclusion for buildings used by an “aged care provider” depends on the entity being (a) an approved provider under the Aged Care Quality and Safety Commission Act 2018 (Cth) and (b) registered as a public benevolent institution under the ACNC Act 2012 (Cth) (reg 11(2)). Entities that lack either status will not benefit from the exclusion, even if they operate retirement village accommodation. Practitioners must verify both approvals and registrations.

• Persons arranging work are expressly prescribed for the code of practice. Reg 13 prescribes that “a person who arranges for residential building work to be undertaken is prescribed” under Act s 117(1)(b), making arrangers subject to the code of practice. This reaches agents who act as procurement managers, project managers or coordinators. A person who is excluded from the property developer definition in reg 8 may nonetheless be captured by the code of practice obligation if they arrange for residential building work; the regulation does not say that exclusions from the developer definition exclude code‑of‑practice obligations. Practitioners should not assume a single exclusion clears all duties.

• Owner‑builder licenced persons are excluded from the property developer definition, but that exclusion is limited to those licensed under the Construction Occupations (Licensing) Act 2004 in the occupation class of owner‑builder (reg 8(1)(b)). If a person performs owner‑builder work without that licencing, the exclusion does not apply.

• Timing of Part 2 commencement. Part 2 commenced on the commencement of the Act s 11 (applications for licence) rather than on the general commencement day after notification (reg 2). That means the application requirements take effect at the Act’s licensing commencement and not necessarily simultaneously with the other parts of the regulation. Practitioners must check the Act’s commencement notices to know when those duties began.

• Penalty unit values and offence conversion. The front matter states penalty unit values for offences against this law at the republication date. Penalties in the parent Act that are expressed in penalty units convert to the dollar figures stated ($160 for individuals; $810 for corporations) for the time being. Changes to penalty unit values under the Legislation Act would change the dollar amounts without amendment to this regulation.

These concrete features require practitioners to undertake precise records review, check commencement dates, verify cross‑referenced registrations and approvals, and carefully map roles against the regulation’s narrow exclusions. Failure to account for retrospective disclosure requirements or the precise scope of carve‑outs is a frequent compliance risk visible in the regulation.

This section sets out practical steps for applicants, licence holders, company officers, people arranging residential building work, and advisers based on the regulation’s text. Compliance actions focus on documentary production, internal review, role mapping, and inter‑statutory verification.

1. Verify commencement and applicable dates

• Check when Part 2 and other relevant parts commenced for your activity. Reg 2(2) ties Part 2 to the commencement of the Act, s 11 (applications for licence). Parts 3 and 4 apply in relation to persons and buildings after 10 July 2024 (regs 7 and 10). Part 6 is uncommenced (reg 14). Confirm actual commencement notices on the legislation register before taking compliance positions.

2. Prepare prescribed application and renewal documentation (regs 5-6)

• Identify the content required under Act s 25(2)(a), (b), (e) and (j). The regulation prescribes that information must be included, but the text imports those items from the Act. Practitioners must consult the Act’s s 25(2) to compile a checklist for the application/renewal form.

• For corporate applicants: compile director identification numbers for any person who is, or has been, a director at any time since the “relevant day” (1 October 2025) (regs 5(1)(b)(i), 6(1)(b)(i) and regs 5(3), 6(2)). Obtain the authoritative director identification numbers issued under the Corporations Act, s 9. If a director acted under a different name or has multiple identifiers, ensure the ID aligns with the Corporations Act registry.

• For corporate applicants: prepare a register of associated entities that are current or were associated entities since the relevant day (regs 5(1)(b)(ii), 6(1)(b)(ii)). Define “associated entity” with reference to the Act dictionary and apply it to group structures, joint ventures and investment holding entities.

• For associated entities that are corporations: collect director identification numbers for persons who are or were directors of those associated corporations since the relevant day (regs 5(1)(b)(iii), 6(1)(b)(iii)).

• For applicants that are registered community housing providers: obtain and attach evidence of registration under the Community Housing Providers National Law (ACT) (regs 5(1)(c), 6(1)(c)).

3. Audit historical governance records

• Because the disclosure duties reach back to 1 October 2025, perform an internal audit of directorships and associated entity relationships from that date forward. Document appointment and cessation dates for directors and retain documentary evidence linking each director to the director identification number supplied.

4. Map roles against exclusions in reg 8

• Identify all persons involved in the project and map their functions against the list of excluded persons in reg 8. Determine whether advisers are “professionals” (see reg 9), taking care with the “more than one client” test and the employee exclusion. For subcontractors and employees, confirm whether they are engaged to perform only a particular part of the building work and whether they have decision‑making roles that could fall outside the exclusion.

• Verify whether any buyer is under an off‑the‑plan contract as defined in the Civil Law (Sale of Residential Property) Act 2003 s 19A(1) (reg 8(2)) and monitor the uncommenced substitution to s 19AA(1) (reg 15) to determine the applicable test.

5. Assess buildings and building work for exclusions

• For projects involving retirement villages or buildings possibly used by aged care providers, confirm whether the entity is (a) an approved provider under the Aged Care Quality and Safety Commission Act 2018 (Cth) and (b) registered as a public benevolent institution under the ACNC Act 2012 (Cth) (reg 11(2)). If both criteria are met, the building and related building work are excluded from the Acts’ regulated residential building/residential building work definitions (regs 11-12). Retain documentary proof of approvals/registrations.

6. Code of practice obligations for arrangers (reg 13)

• If your organisation arranges for residential building work , for example as a developer, project manager, procurement agent or similar role , note that the regulation prescribes “a person who arranges for residential building work to be undertaken” as a person required to comply with the code of practice under Act s 117(1)(b). Implement internal compliance systems to ensure arrangements conform with the code of practice once it is published/available. Allocate responsibilities, maintain procurement records and institute documentation that demonstrates compliance with the code’s procedural or substantive requirements.

7. Evidence management and recordkeeping

• Maintain contemporaneous records linking applications to supporting documents (director IDs, associated entity registers, proof of registration for community housing providers, licencing records for owner‑builders where applicable). Because omissions of documentary evidence could result in incomplete applications or licence refusals under the Act, assemble a complete evidence pack for each application/renewal.

8. Liaise with corporate counsel and external advisers

• Engage corporate counsel to verify associated entity analysis, the historical director disclosures, and any potential gaps in director identification numbers. Where there is any ambiguity about whether an adviser qualifies as “professional” under reg 9, obtain an opinion that documents the factual basis for the classification.

9. Monitor legislative changes and commencement notices

• Track the legislation register for the commencement of Part 6 and any other amending instrument. The definition of off‑the‑plan contract is subject to substitution by reg 15 when Part 6 commences. Also monitor any changes to penalty unit values under the Legislation Act that affect the dollar equivalent of penalties for offences under the Act.

10. Administrative engagement with regulators

• If there is uncertainty about documentary standards or the scope of exclusions, request formal guidance from the relevant licensing authority. Where a project involves multiple entities and cross‑jurisdictional elements (for example Commonwealth‑registered aged care providers or federally regulated corporate directors), coordinate with the relevant regulators or statutory registers to ensure documentary evidence aligns across regimes.

11. Practical checklist for a corporate applicant

• Complete checklist: Act s 25(2) items; director IDs for all directors who served since 1 Oct 2025; associated entity details since 1 Oct 2025; director IDs for associated corporation directors; evidence of registration if a registered community housing provider; any evidence proving exclusion if relying on reg 8 or reg 11; internal map of who arranges building work and confirmation that code of practice procedures are in place.

Following these concrete steps aligns applicants and arrangers with the regulation’s documentary and compliance duties and reduces the risk that a licensing application or later enforcement action will be jeopardised by missing evidence or misclassification of roles.