Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Property Developers Regulation 2025
SL2025-20
made under the
Property Developers Act 2024
Republication No 2
Effective: 5 November 2025
Republication date: 5 November 2025
Regulation not amended
(republication for commenced provisions)
Not all provisions are in force: see last endnote
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Property Developers Regulation 2025, made under the Property
Developers Act 2024 (including any amendment made under the Legislation Act 2001, part 11.3
(Editorial changes)) as in force on 5 November 2025. It also includes any commencement, repeal
or expiry affecting this republished law to 5 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
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 (see Legislation Act 2001, s 133).
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Australian Capital Territory
Property Developers Regulation 2025
made under the
Property Developers Act 2024
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
2 Commencement 2
3 Dictionary 2
4 Notes 2
Part 2 Licensing of property developers
5 Information to be included in licence application—Act, s 11 (2) (d) 3
6 Information to be included in licence renewal application—Act,
s 13 (2) (e) 4
Contents
Page
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Part 3 Action against property developers and
directors
7 Application—pt 3 5
8 People excluded from def property developer—Act, s 46 (2) 5
9 Excluded directors—Act, s 52 (4) (b) 7
Part 4 Regulated residential buildings and
residential building work
10 Application—pt 4 8
11 Excluded buildings—Act, dict, def regulated residential building,
par (b) 8
12 Excluded building work—Act, dict, def residential building work, par (b) 8
Part 5 Miscellaneous
13 People arranging residential building work must comply with code of
practice—Act, s 117 (1) (b) 9
Part 6 Delayed amendment
14 Legislation amended—pt 6 10
15 Section 8 (2), definition of off-the-plan contract 10
Dictionary 11
Endnotes
1 About the endnotes 12
2 Abbreviation key 12
3 Legislation history 13
4 Earlier republications 13
5 Uncommenced provisions 13
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Australian Capital Territory
Property Developers Regulation 2025
made under the
Property Developers Act 2024
Part 1 Preliminary
Section 1
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Effective: 05/11/25
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Part 1 Preliminary
1 Name of regulation
This regulation is the Property Developers Regulation 2025.
2 Commencement
(1) This regulation (other than parts 2 and 6) commences on the day after
its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see Legislation Act, s 75 (1)).
(2) Part 2 commences on the commencement of the Act, section 11
(Applications for licence).
(3) Part 6 commences on the commencement of the Act, schedule 2,
part 2.4.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation, and includes references (signpost definitions) to other
terms defined elsewhere.
For example, the signpost definition ‘registered community housing
provider—see the Community Housing Providers National Law (ACT),
section 4 (1).’ means that the term ‘registered community housing
provider’ is defined in that section and the definition applies to this
regulation.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire regulation unless the definition, or another provision of the
regulation, provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Licensing of property developers Part 2
Section 5
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Part 2 Licensing of property developers
5 Information to be included in licence application—Act,
s 11 (2) (d)
(1) The following information is prescribed:
(a) the information mentioned in the Act, section 25 (2) (a), (b), (e)
and (j);
(b) if the applicant is a corporation—
(i) the director identification number of any person who is a
director or has been a director at any time since the relevant
day; and
(ii) details about any entity that is an associated entity or has
been an associated entity at any time since the relevant day;
and
(iii) if a current or former associated entity of the applicant is a
corporation—the director identification number of any
person who is a director or has been a director at any time
since the relevant day;
(c) if the applicant is a registered community housing provider—
evidence of the applicant’s registration.
(2) For subsection (1) (a), a reference to a licensee in the Act,
section 25 (2) is taken to be a reference to an applicant.
(3) In this section:
director identification number means a director identification
number under the Corporations Act, section 9.
relevant day means 1 October 2025.
Part 2 Licensing of property developers
Section 6
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6 Information to be included in licence renewal
application—Act, s 13 (2) (e)
(1) The following information is prescribed:
(a) the information mentioned in the Act, section 25 (2) (a), (b), (e)
and (j);
(b) if the applicant is a corporation—
(i) the director identification number of any person who is a
director or has been a director at any time since the relevant
day; and
(ii) details about any entity that is an associated entity or has
been an associated entity at any time since the relevant day;
and
(iii) if a current or former associated entity of the applicant is a
corporation—the director identification number of any
person who is a director or has been a director at any time
since the relevant day;
(c) if the applicant is a registered community housing provider—
evidence of the applicant’s registration.
(2) In this section:
director identification number means a director identification
number under the Corporations Act, section 9.
relevant day means 1 October 2025.
Action against property developers and directors Part 3
Section 7
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Part 3 Action against property
developers and directors
7 Application—pt 3
This part applies in relation to a person after 10 July 2024.
8 People excluded from def property developer—Act,
s 46 (2)
(1) The following people are excluded:
(a) a person who contracts or arranges for, or facilitates or otherwise
causes the residential building work to be undertaken only
because they—
(i) provide advice in relation to the building work in their
capacity as a professional; or
Example
a consultant, employed in that capacity by a firm of consultants
engaged by a property developer to provide advice in relation to the
building work
(ii) provide an assessment or certification service in relation to
the building work in accordance with the Construction
Occupations (Licensing) Act 2004 or an operational Act
under that Act; or
(iii) provide a financial service in relation to the building work;
or
(iv) act in their capacity as a person engaged to undertake a
particular part of the building work, and are not engaged as
the principal builder or to make decisions in relation to the
building work more generally; or
Example
an electrician subcontracted by the principal builder to undertake
electrical wiring work
Part 3 Action against property developers and directors
Section 8
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(v) act in their capacity as an employee or subcontractor of a
person excluded under subparagraph (iv); or
(vi) act in their capacity as an employee of a property developer
for the building work; or
(vii) act in their capacity as a registered liquidator of a property
developer for the building work; or
(viii) are a buyer under an off-the-plan contract, including a
buyer who later sells their interest under the contract;
(b) a person licensed to undertake the residential building work
under the Construction Occupations (Licensing) Act 2004 in the
occupation class of owner-builder.
(2) In this section:
assessment or certification service means any of the following
services within the meaning of the Construction Occupations
(Licensing) Act 2004:
(a) a building assessment service;
(b) a building certification service;
(c) an exemption assessment service;
(d) a plumbing plan certification service;
(e) a works assessment service.
electrical wiring work—see the Electricity Safety Act 1971,
dictionary.
financial service—see the Corporations Act, section 766A.
off-the-plan contract—see the Civil Law (Sale of Residential
Property) Act 2003, section 19A (1).
Action against property developers and directors Part 3
Section 9
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professional—
(a) means a person who provides professional advice to more than
1 client; but
(b) does not include a person who provides professional advice to a
client in their capacity as an employee of the client.
registered liquidator—see the Corporations Act, schedule 2,
section 5-5.
9 Excluded directors—Act, s 52 (4) (b)
The following people are excluded:
(a) if the property developer is a registered community housing
provider—a person who was a director of the registered
community housing provider;
(b) if the property developer is a wholly-owned subsidiary of a
registered community housing provider—a person who was a
director of the subsidiary.
Part 4 Regulated residential buildings and residential building work
Section 10
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Part 4 Regulated residential buildings
and residential building work
10 Application—pt 4
This part applies in relation to a building or building work after
10 July 2024.
11 Excluded buildings—Act, dict, def regulated residential
building, par (b)
(1) A building used by an aged care provider as part of a retirement
village is excluded.
(2) In this section:
aged care provider means an aged care provider that is—
(a) an approved provider under the Aged Care Quality and Safety
Commission Act 2018 (Cwlth); and
(b) registered as a public benevolent institution under the Australian
Charities and Not-for-profits Commission Act 2012 (Cwlth).
retirement village—see the Retirement Villages Act 2012, section 10.
12 Excluded building work—Act, dict, def residential
building work, par (b)
Building work in relation to a building mentioned in section 11 is
excluded.
Miscellaneous Part 5
Section 13
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Part 5 Miscellaneous
13 People arranging residential building work must comply
with code of practice—Act, s 117 (1) (b)
A person who arranges for residential building work to be undertaken
is prescribed.
Part 6 Delayed amendment
Section 14
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U Part 6 Delayed amendment
14 Legislation amended—pt 6
This part amends this regulation.
15 Section 8 (2), definition of off-the-plan contract
omit
section 19A (1)
substitute
section 19AA (1)
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions relevant to this regulation.
For example:
• Corporations Act
• in relation to
• under.
Note 2 Terms used in this regulation have the same meaning that they have in
the Property Developers Act 2024. For example, the following terms are
defined in the Act, dict:
• associated entity (see s 8 (1))
• building work
• licence
• licence application (see s 11 (1))
• licensee
• property developer
• regulated residential building
• residential building work.
registered community housing provider—see the Community
Housing Providers National Law (ACT), section 4 (1).
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).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired