The ACT Government is committed to action that protects homeowners and the community and addresses building safety and quality, drives a building and construction industry that is accountable and transparent, delivers policy and regulatory settings that are current, adequate, and effective and delivers sustainable and climate resilient buildings.
Compliance with building standards for health, safety, amenity and sustainability is an important part of maintaining our quality of life. The ACT Government remains committed to improving our building regulatory system.
The government will achieve this through initiatives that:
- support continuous improvement and effectiveness of the ACT's building regulatory system
- improve the quality of buildings
- support climate resilient and sustainable buildings—from building design and construction that situates, designs and builds new housing to anticipate and protect inhabitants from weather extremes and is comfortable to live in, to advocating for standards that support these new buildings being affordable to live in.
- respond to emerging issues
- provide robust public protection requirements
- deliver education and awareness campaigns
- deliver robust compliance frameworks supported by appropriate compliance activities
- support a nationally consistent approach to regulation of the building and construction industry where appropriate for the ACT.
Reforms to the building regulatory system are intended to give greater choice and protection for the community and make those working in the industry accountable for their actions.
The ACT Government will continue to collaborate with stakeholders to improve the ACT's building regulatory system. The Environment, Planning and Sustainable Development Directorate will work collaboratively across teams and with other directorates to manage the interactions between non-building policies, regulatory frameworks and commitments (such as the ACT Planning System Review and Reform project, ACT Climate Change Strategy, ACT Housing Strategy and Bushfire Smoke and Air Quality Strategy) and the building regulatory system.
The ACT Government will continue to contribute to and engage with national policy and regulatory reform that directly or indirectly impact the ACT's building regulatory system (such as the Trajectory for Low Energy Buildings, National Energy Productivity Plan (NEPP), Draft National Framework for Disclosure of Residential Energy Efficiency Information and outputs from the national Building Confidence Report).
The ACT Government will continue to contribute to, and advocate for, national building standards that support innovation and continuous improvement across the building and construction industry.
Key projects
The ACT Government is delivering a fairer and easier way to live and work together. The Managing Buildings Better reforms amend legislation related to unit titles (often referred to a strata or unit title management) to improve the management of apartments, townhouses and mixed-use developments and commercial units.
The Building (Swimming Pool Safety) Legislation Amendment Bill 2023 was passed by the Legislative Assembly on 1 November 2023 and introduces new rules for swimming pool safety barriers in the ACT.
An effective building and construction regulatory system is important for the health, safety and wellbeing of our community. Confidence in the regulatory system is critical to the economic sustainability of the building and construction industry.
Building and Construction Legislation Amendment Act 2023
The Building and Construction Legislation Amendment Act 2023 includes amendments that support:
- accountability and integrity in the building and construction industry
- high quality design and building compliance with building standards
- the effectiveness of the ACT’s building regulatory system
From 11 March 2024:
- unrestricted electricians and electrical contractors can apply to Access Canberra for an endorsement on their licence to undertake electrical wiring work on a declared distributed energy resource, such as the installation of rooftop solar, inverters and batteries. It will be mandatory to have this endorsement from 11 September 2024 to undertake this work.
- the powers of the regulator were expanded to provide electrical inspectors with powers in relation to not only electrical equipment or electrical installations that are currently a source of danger, but those that are becoming a source of danger.
- changes to support the right to be paid for construction work on time, with maximum timeframes for payments applying where contracts are silent or provide for a period of time for payment longer than the statutory timeframe commence and other minor amendments to improve the administration of the Building and Construction Industry (Security of Payment) Act 2009
Other reforms contained in the Act will commence later this year:
- new regulation of medical gas systems to address safety risks with the installation, testing and maintenance of medical gas systems
- amendments to the Building Act 2004 in response to the review of the ACT’s regulatory settings for fidelity fund schemes to make sure provisions are contemporary and fit for purpose. This first round of legislative reforms are designed to improve accountability and transparency, clarify the meaning of “disappeared”, clarify regulatory oversight, improve approval criteria and provide for the appointment of a consumer representative in the Act.
The amendments in the Act support continuous improvement to, and the effectiveness of, the ACT’s building regulatory system, respond to emerging issues, give greater choice and protection for the community and make those working in the industry accountable for their actions.
Building Ministers Meeting
The ACT is represented at the national Building Ministers Meeting (BMM) by the Minister for Sustainable Building and Construction. The BMM oversees policy and regulatory issues affecting Australia's building and construction industries. The BMM's responsibilities cover:
- harmonising building regulations and standards
- collaborating on compliance and enforcement
- other policy issues affecting Australia's building and construction industries
- setting the strategic direction of the Australian Building Codes Board (ABCB).
Australian Building Codes Board
The ACT also contributes to the work of the ABCB Office. The ABCB Office ensures safe and sustainable building and plumbing systems through regulatory and non-regulatory measures, in collaboration with governments and industry. The ACT actively participates in the work of the ABCB Office through representation as a Board member and through various committees.
Status of building reforms
Current and future reform programs will build on the considerable achievements delivered to date to improve the ACT's building regulatory system. These reforms will:
- include actions that respond to recommendations from the Inquiry into Building Quality in the ACT and the national Building Confidence Report
- be informed by areas identified for further development and broader community and industry consultation through the previous review of the ACT's Building Regulatory System and subsequent reform program.
Immediate Priorities are:
- implementation of a registration scheme for engineers
- implementation of home swimming pool safety reforms
- implementation of reforms contained in the Building and Construction Legislation Amendment Bill 2023
- strengthening building certification services through a range of initiatives
- finalising and implementing developer licensing and regulation to improve the accountability of property developers in the ACT
- finalisation and implementation of a 10-year pathway to shift to world's best practice on climate-ready and environmentally sustainable buildings
- operationalisation of the Residential Building Disputes Scheme
- finalisation of the review of residential building work insurance regulatory settings
- responding to action 11.4 in the Strategic Bushfire Management Plan: require new or substantially altered residential properties in bushfire prone areas to comply with the bushfire related construction requirements in the Building Code of Australia
Future reforms include:
- Implementation of recommendations from the review of residential building work insurance regulatory settings
- Improvements to security of payment laws to help make the building industry fairer
- Continued work to lift standards and practices across the building and construction sector
- Improved regulation of building practitioners in response to the National Building Confidence Report
- Exploring measures to support a mobile building and construction workforce
- Maintaining the currency of the ACT's building regulatory system through regular updates
- Consideration of additional potential licensing categories for practitioners in the ACT that would improve building quality and safety in the ACT, as well as mechanisms for improving the accountability of a range of practitioners in the building industry
The ACT Government reports annually on progress of reforms to the ACT's building regulatory system. The report is current as at the end of the financial year being reported on.
During the 2022-23 financial year, the ACT Government undertook the following work in relation to improving and maintaining the building and construction industry and progressed actions that promote health, safety, amenity and sustainability outcomes and maintain quality of living standards for Canberrans:
- Progressed work on implementation and adoption of energy efficiency, condensation mitigation and liveable housing provisions in the National Construction Code (NCC 2022) in the ACT for 1 October 2023, following the decision of National Building Ministers in August 2022. This includes development of legislative instruments, industry consultation and policy work to partially apply the provisions to extensions and substantial alterations. Consultation on ACT-specific variations is ongoing with key stakeholders.
- Progressed work on implementation of the Professional Engineers Registration Scheme, including ongoing consultation with key industry stakeholders. A dedicated page on this site has been established to provide information to the community on implementation of the scheme. Further details on the commencement of the scheme are expected in the coming months.
- Progressed policy work on options for developer licensing and regulation to improve the accountability of property developers in the building and construction industry. A Developer Regulation Discussion Paper was prepared and released in December 2022 which included a range of issues and options. Community and industry consultation was undertaken in early 2023. A listening report was published in May 2023.
- Progressed work on swimming pool safety reforms to prevent death and serious injuries from drowning and non-fatal drownings in home swimming pools with a focus on regulatory reforms relating to pool barriers. This included public consultation undertaken in February and March 2023. A listening report was published in May 2023. Significant work has progressed on the development of the regulatory framework that will require all home swimming pools to have a barrier compliant with modern safety standards. Legislation is proposed for introduction in 2023.
- Continued to progress work to strengthen certification services in the ACT. This included policy work on the Parliamentary and Governing Agreement for the 10th Legislative Assembly commitment to establish an expert team of publicly funded building certifiers within the ACT Public Service. This work also responds to recommendations from the ACT Inquiry into Building Quality and recommendations from the Building Confidence Report. A consultant has been engaged to undertake an assessment of the ACT building surveyor/certification system and develop possible options for Government consideration. This work has included consultation with industry and community stakeholders.
- Progressed work on investigating and assessing options to operationalise the Residential Building Dispute Scheme framework.
- Commenced policy work, research and analysis for the development of a 10-year pathway to shift to world's best practice on climate-ready and environmentally-sustainable buildings. This includes the engagement of a consultant to investigate best practice and how this is or can be applied in the ACT context.
- Commenced work to review security of payment laws to identify improvements to the legislative framework to make the construction industry fairer and seek consistency with other jurisdictions, especially NSW, where appropriate.
- Commenced and progressed a review of the ACT's regulatory settings for fidelity fund schemes to make sure provisions are contemporary and fit for purpose. This work included the development of an interim report which included draft findings and recommendations and stakeholder consultation. A final report will be provided to the Minister in the second half of 2023, with recommendations for improvements to support the continued efficient and transparent operation of a fidelity fund scheme.
- Commenced and progressed work on a review of residential building work insurance regulatory settings, with a focus on elements that apply across the residential building work insurance market in the ACT. This includes the minimum prescribed insurance amount, time limits to lodge a claim, period of insurance and supporting claims for common areas by owners corporations. This work includes the engagement of an actuarial consultant for technical advice.
- Commenced and progressed work to respond to action 11.4 in the Strategic Bushfire Management Plan: require new or substantially altered residential properties in bushfire prone areas to comply with the bushfire related construction requirements in the Building Code of Australia. Initial research and policy analysis has been undertaken on an assessment of the current definition of bushfire prone area in the Building (General) Regulation 2008 including how this term is dealt with across the ACT's Planning, Building and Emergency Management Systems. Work on assessing the regulatory impacts to the community of any changes to the current definition of bushfire prone area in the Building Regulatory System has commenced.
- Commenced and progressed significant policy work on several improvements to the ACTs building regulatory system. A Building and Construction Legislation Amendment Bill 2023 will be introduced later in 2023. The Bill will include reforms which will improve the effectiveness of the ACT's building regulatory system, improve consumer protections and introduce measures to improve building quality and safety.
- Undertook work on appointments to the Architects Board to address appointments due to expire in 2023, including expression of interest and nomination processes.
- Worked closely with national colleagues on the National Framework for Disclosure of Residential Energy Efficiency Information (National Framework for Disclosure).
- Supported participation of the Minister for Sustainable Building and Construction in National Building Minister's meetings.
- Supported the Director-General of the Environment, Planning and Sustainable Development Directorate as the ACT representative on the Australian Building Codes Board.
- Worked with colleagues from other jurisdictions through Senior Officials meetings and working groups.
- Provided information on the operation of the ACT's building regulatory system to Government, the community, stakeholders, other jurisdictions and national bodies.
- Undertook ongoing engagement with the community and industry stakeholders.
During the 2022-23 financial year, the ACT Government completed the following work:
- Commissioned an independent review of the ACT's Energy Efficiency Rating Disclosure Scheme to inform future changes that may be made to the scheme to ensure it continues to achieve its objectives.
- Implemented and adopted the 2022 edition of the National Construction Code (NCC 2022) (excluding energy efficiency, condensation mitigation and liveable housing provisions) in the ACT from 1 May 2023, following the decision of National Building Ministers in August 2022. This included development of legislative instruments, industry consultation and policy work to partially apply the provisions to extensions and substantial alterations.
- Established a Professional Engineers Registration Scheme through the passage of the Professional Engineers Act 2023 by the Legislative Assembly on 23 March 2023. Extensive policy work and consultation was undertaken in the reporting period including the release of a consultation paper in August 2022 which was open for public consultation between 23 August and 20 September 2022 and publication of a listening report in October 2022. Minor amendments were made to the default commencement provisions through the Planning and Environment Legislation Amendment Act 2023 in June 2023.
- Worked with colleagues in the Utilities Technical Regulation team in Access Canberra to progress the Electricity Safety Legislation Amendment Act 2023 to remove duplication of regulation of electrical wiring work for the current and future stages of the light rail project; and modernise the regulation of utilities to adapt to new developments in electrical technologies. The Act was passed by the Legislative Assembly on 9 February 2023 and commenced on 16 February 2023.
- Developed and implemented a Building and Construction Legislation Amendment Regulation 2023 in April 2023. The Amendment Regulation contained several minor and technical amendments identified by the regulator and Government and required to support implementation of NCC 2022. These amendments clarify the policy intent and outcomes of provisions and remove inconsistencies and duplication. A number of provisions commenced on 1 May 2023 with further provisions commencing on 1 October 2023 to align with adoption of NCC 2022 in the ACT.
The 9th Legislative Assembly’s Economic and Tourism Standing Committee (the Committee) conducted an Inquiry into Building Quality in the ACT. The Committee tabled its report on 23 July 2020. The Government response was tabled on 2 December 2020. The Government response to the Inquiry addressed the 48 recommendations: agreeing to 12 recommendations (four of which have been completed), agreed in principle with 20 recommendations (four of which have been completed), noted 12 recommendations and did not agree with four recommendations.
During the 2022-23 financial year, work continued to be progressed on recommendations agreed or agreed-in-principle in the Government response to the Inquiry. Several current reforms being progressed will respond to recommendations from the Inquiry.
The Shergold-Weir Building Confidence Report (BCR) was commissioned by Building Ministers in August 2017 and delivered in February 2018. The report focused on actions to improve the effectiveness of compliance and enforcement systems for the building and construction industry across Australia. Of the 24 recommendations made in the report, the ACT is still considering 13 for potential implementation.
The ACT has partially implemented eight of the recommendations, already implemented six of the recommendations and has five recommendations under consideration. Recommendation five is not relevant to the ACT.
During the 2022-23 financial year, work continued to be progressed on consideration of the recommendations and how they may be implemented into the ACT’s building regulatory system.
During the 2021-22 financial year, the ACT Government undertook the following work in relation to improving and maintaining the currency of the ACT's building regulatory system:
- Progressed policy development work on a registration scheme for engineers taking into consideration models introduced or under development in other jurisdictions, findings from the national Building Confidence Report and the views of industry stakeholders. Public consultation is expected in 2022.
- Progressed policy work on developing swimming pool safety reforms to prevent death and serious injuries from drowning and non‑fatal drownings in home swimming pools with a focus on regulatory reforms relating to pool fencing. Community and industry consultation is expected in 2022.
- Worked across directorates to implement the Automatic Mutual Recognition (AMR) Scheme in the ACT with the Building Reform team in EPSDD focussing on the impacts of AMR on building and construction occupations. This included targeted stakeholder consultation on the proposed approach to implementation of AMR for construction occupations in the ACT.
- Actively contributed to the development of the National Construction Code (NCC) 2022, including advocating for stronger energy efficiency measures and the inclusion of minimum accessible standards for residential housing and apartments.
- Actively contributed to the development by the ABCB Office of model guidance and other materials in response to 22 of the recommendations from the national Building Confidence Report covering:
- Registration and training of building practitioners
- Regulatory oversight
- Building surveyor integrity
- Robust and transparent systems of inspection and certification throughout the building approval process
- Better integration of fire safety into design, construction and certification processes
- Improving information sharing across regulators and improving understanding of building and plumbing terminology
- Commenced assessment of a range of options to supplement and strengthen currently available building certification services. This includes consideration of a government run building certification service that would run alongside private certification services currently available. This work responds to recommendations from the ACT Inquiry into Building Quality.
- Commenced work on options to improve the accountability of property developers for the work they do and the decisions they make. This will deliver on a number of recommendations from the ACT Inquiry into Building Quality.
- Maintained the currency of the ACT's building regulatory system through updates to:
- the qualifications schedules issued under the Construction Occupations (Licensing)Act 2004 which included introducing a requirement that an electrical apprenticeship must have been completed for a person to be eligible to apply for an unrestricted electrical licence.
- Undertook work on appointments to the Architects Board to address current vacancies and appointments due to expire in 2022.
- Ongoing engagement with the community and industry stakeholders.
- Providing information on the operation of the ACT's building regulatory system to Government, the community, stakeholders, other jurisdictions and national bodies.
Following a comprehensive community and industry consultation process, a regulatory reform program was designed for the ACT's building regulatory system which included 43 actions.
The following table provides information on completion of these 43 actions and where future work will be undertaken as part of a program of continuous improvement of the ACT's building regulatory system.
| No. | Category | Reform | Status | Notes |
|---|---|---|---|---|
1 | Design and documentation | Develop guidelines for minimum design documentation for building approval applications:
| Complete | The Building Minimum Documentation and Information for Building Approval Applications – Class 2-9 Buildings Guideline 2019 (the guideline) is adopted under the Building Act for new approval applications from 1 September 2019. |
2 | Design and documentation | Consider including some aspects of advice on high-risk building elements (e.g. balconies over habitable spaces) in the existing pre-DA process to alert people to high-risk features and things that may be incompatible with building laws, with a view to expand the range of issues as resources and skills increase. | Complete | After considering the findings of audits and inspections, known issues such as weatherproofing, and noting the increasing complexity of developments, advice to inform people of building matters they may need to resolve earlier than the building approval stage is warranted. |
3 | Stage Inspection and Supervision | Develop guidelines for builders for supervision and critical hold points with the intention they will be adopted as codes of practice under the Building Act. | Complete | Guidelines for Licensed Builders [1.7 MB] that include supervision and hold points have been developed and released and will form the basis of a new code of practice to be introduced by 1 July 2021. |
4 | Stage Inspection and Supervision | Develop new provisions in the Building Act outlining the functions of the certifier and the purpose and scope of stage inspections, and supporting codes of practice. | Complete | New provisions complete, see particularly new section 17A. A new code of practice for building surveyors has been adopted and will commence on 1 September 2019. |
5 | Stage Inspection and Supervision | Enact regulations to require stage inspection information be lodged shortly after the inspection is complete. | Complete | The ACT Government has enacted a regulation to require building certifiers to supply information to the Construction Occupations Registrar about houses and buildings that include residential apartments after inspections. The information provided will support Access Canberra’s compliance, auditing and regulatory functions. |
6 | Licensing | Remove architectural and engineering qualifications from the mandatory qualifications schedule, with a transition period for applicants who have made an application prior to the commencement. | Complete | |
7 | Licensing | Implement a conditioning system for applicants with insufficient experience on residential buildings and revise mandatory qualifications in relation to evidence, critical stages and stages external verification of experience. | Complete | New mandatory qualifications instrument outlines types of building works experience required by applicants. Applicant licenses are tailored to relevant experience administratively. |
8 | Licensing | Revise mandatory qualifications to specifically give the Registrar discretion not to consider references from builders with a poor compliance history or in relation to defective work. | Complete | |
9 | Licensing | Expand the written assessment prepared for the pilot for class c licensees to incorporate additional subjects, and include random result validation, and create assessments for A and B class licensees. | Complete | From February 2019 new applicants for class A and B builder licences must sit and pass an exam. Exams can also be applied to existing licensees at renewal. |
10 | Licensing | Consider interviews conducted by the regulator for applicants that either do not meet the mandatory qualifications or have marginal results in assessments only. | Complete | In operation under Regulation 14 of the Construction Occupations (Licensing) Regulation. |
11 | Licensing | Amend existing provisions for corporations, partnership and nominees eligibility in the Construction Occupations (Licensing) Act and Regulation to clarify their roles and obligations. | Complete | Revisions made in the Building and Construction Legislation Amendment Act 2016. |
12 | Licensing | Expand the scope of the existing power to declare mandatory qualifications to include qualifications for all entities that may apply for a licence i.e. corporations and partnerships | Complete | Amendment made in the Building and Construction Legislation Amendment 2016. |
13 | Licensing | Require additional information in relation to the nominee and their understanding of their role and eligibility for appointment at the time of application. | Complete | Nominees will need to declare they have read and understood the new Guide for Nominees and indicate they are eligible to be a nominee. This may be checked directly with the nominee or the corporation/partnership. |
14 | Licensing | Revise operational policies and educational materials to reflect the intention of the law in relation to the corporation/partnership’s responsibility to supervise their nominees and the work under its licence. | Complete | A new Guide for Nominees [] outlines the responsibilities of the corporation/partnership, noting the dual obligations in relation to the nominee’s supervision of the work. |
15 | Licensing | Develop and implement a pre-application assessment for building surveyors licence applicants and for licensees who have transferred from other jurisdictions. | Complete | A new qualifications declaration makes completion of the assessment mandatory for all applicants for a new building surveyor licence from 1 November 2019. |
16 | Licensing | Develop and make available an online course for building surveyors operating or intending to operate under the ACT’s building regulatory system. | Complete | The online course for building surveyors is now available. |
17 | Licensing | Provide a new ground for occupational discipline that the licensee is, or has become, ineligible to hold a licence. | Complete | Amendment made in the Building and Construction Legislation Amendment 2016. |
18 | Licensing | Amend provisions for automatic suspensions on loss of eligibility so that they do not end after 3 months but continue as long as the ground for the suspension exists, if the licensee has not reported the circumstances to the Registrar. | Complete | Amendment made in the Building and Construction Legislation Amendment 2016. |
19 | Contracts for Residential Buildings and Building Work | Expand the existing statutory warranties to all private residential buildings or parts of buildings, including those above three storeys. | Complete | Amendment made in the Building and Construction Legislation Amendment Act 2016. New warranties in effect from 19 August 2017. |
20 | Contracts for Residential Buildings and Building Work | Amend the Building Act to allow regulations to prescribe requirements for contracts for residential building work. | Complete | Amendment made in the Building and Construction Legislation Amendment Act 2016. |
21 | Contracts for Residential Buildings and Building Work | Enact a regulation to delineate agency agreements from a building contract for certain residential building work contracts. | Complete | The Building (General) Amendment Regulation 2019 requires that from 1 October 2019 any appointment of the builder to act as the landowner's agent to appoint the building certifier and apply for approvals must be separate to a building contract for a new house and for a range of work on existing houses and apartment buildings. |
22 | Contracts for Residential Buildings and Building Work | Develop and consult on standard terms, and standard information for a building contract including explanations on common variation clauses and their meaning. | Complete | EPSDD developed two fact sheets for people entering into a residential building contract or purchasing off the plan, with explanations of common terms, things to look for, and rights and obligations. |
23 | Contracts for Residential Buildings and Building Work | Consult further in relation to specific regulations for a progress payment model for certain residential building contracts based on payment only for work completed. | Complete | Further consultation was undertaken with bodies who supply standard contracts or represent people who draft other building contracts. This consultation is informing consideration of supporting regulations. |
24 | Contracts for Residential Buildings and Building Work | 24. To further assist to reduce phoenixing:
| Complete | Legislative revisions made in the Building and Construction Legislation Amendment Act 2016. |
25 | Project Funding - Payment - Claims and Retentions | Increase reporting requirements for licensees in relation to insolvency. | Complete | Increased reporting requirements introduced in the Building and Construction Legislation Amendment Act 2016. |
26 | Project Funding - Payment - Claims and Retentions | Review the response to the recent federal inquiry on insolvency and results of other trials of various models in other jurisdictions and continue targeted consultation, with a view to either conducting an ACT trial to fill in any knowledge gaps if required, or implementing changes in the ACT if Commonwealth legislation is not supported or has insufficient coverage. | Complete | The review found that existing trials and schemes provide suitable information on the operation of particular models for managing project payments and/or retentions. |
27 | Project Funding - Payment - Claims and Retentions | Review the effectiveness of ACT procurement arrangements for security of retentions held by contractors and progress payments on government projects. | In progress | The ACT Government is considering how we can make sure subcontractors are paid what they are owed when payments are due. To help determine the most effective way to do this, we are looking at the different arrangements used on ACT Government procured building and construction projects. This review of our own arrangements will help identify models that would be appropriate for broader adoption across industry. This work is part of broad work we are doing on security of payments (reform 41). |
28 | Alternative Dispute resolution – Residential Buildings | Refine the proposed alternative dispute resolution model based on consultation feedback and conduct a second round of consultation. | Complete | The ACT Government has passed new laws, the Building and Construction Legislation Amendment Act 2020, to allow a scheme to help homeowners and the building industry resolve residential building disputes earlier and at less cost to be introduced in the ACT. The Government will consult further with the public and industry to finalise the details of the scheme. |
29 | Alternative Dispute Resolution - Residential Buildings | Consider adoption of new standards and tolerances for building-related disputes and complaints, including contractual disputes. | Complete | Based on consideration of such matters as practices of other jurisdictions, types of complaints, and the role of general standards and tolerances in a regulatory and legal context, it is proposed to incorporate new standards and tolerances for items outside the scope of building work in the Building Act into the new Alternative Dispute Resolution (ADR) system as advisory information. There will be further consultation on which standards and tolerances will be used in ADR under Reform 28. |
30 | Auditing | Complete implementation of the risk-based auditing and inspection system for regulated building certification and building work. | Complete | New tools have been developed to support the ongoing work to audit and inspect building projects. |
31 | Licensing | Consider the introduction of a non-written assessment for building licence applicants. To take place six months after the written pre-licence assessment was introduced. | Complete | The introduction of a non-written assessment for building licence applicants has been considered and will not be introduced at this time. |
32 | Licensing | Implement mandatory qualifications for corporate and partnership licences, potentially including financial assessment. | In progress | Mandatory qualifications for corporate and partnership licences to be introduced following completion of further consultation to be undertaken for reform 35 and 36. |
33 | Licensing | Expand mandatory qualifications for new building surveyor licence categories to include completion of the online training course. | Complete | A new qualifications declaration makes completion of the online course mandatory for new building surveyor licence applicants from 1 September 2019. |
34 | Licensing | Expand licence renewal assessments for all licensees to include rechecking of eligibility and compliance history. | Complete | The new process includes criminal history checks and further confirmation of solvency status. |
35 | Licensing | Consult on the findings of the review in relation to licensing, licensing categories and ‘contracting’ as a scope of work. | Complete | Consultation has identified areas for further development and broader community and industry consultation under stage 2 building reforms. |
36 | Licensing | Consult on the findings of the review of the ACT building regulatory system in relation to insurance and practitioner accountability. | Complete | Consultation has identified areas for further development and broader community and industry consultation under stage 2 building reforms. |
37 | Contracts for Residential Buildings and Building Work | Consider expansion of rectification and other relevant powers to allow orders to be issued to people closely associated with an insolvent or ‘disappeared’ corporate licence. | Complete | The Government has considered the expansion of powers to people closely associated with corporate licences and has made legislative amendments through the Building and Construction Legislation Amendment Bill 2019. The new provisions provide for occupational discipline and rectification orders in relation to directors, and make directors liable for overdue debts and penalties. |
38 | Project Funding - Payment - Claims and Retentions | Review federal inquiry funding’s on insolvencies in the construction industry and associated response, with a view to fill in any gaps in the system if required. | Complete | The review found issues in related recommendations are being addressed under ACT reforms for construction licensing and security of payment. |
39 | Contracts for residential buildings and building work | Consult on the findings of the review of the ACT building regulatory system in relation to building contracts and the residential building insurance system. | Complete | Consultation has identified areas for further development and broader community and industry consultation under stage 2 building reforms. |
40 | Project Funding - Payment - Claims and Retentions | Conduct trial of project/retention account model (if agreed and required). | Complete (NFA) | Work under Reform 38 indicated a further ACT trial is not required. |
41 | Project Funding - Payment - Claims and Retentions | Review the Security of Payments system in the ACT. | Complete | The ACT Government has considered how we can help make sure subcontractors are paid what they are owed when payments are due. In 2018, a national review of security of payment laws led to 86 recommendations to enhance security of payment systems across Australia. EPSDD has undertaken a review of the ACT Security of Payment System against the recommendations of the national review of security of payment laws. The Government will consult with industry on ways security of payments laws can be improved to help make the building industry fairer. |
42 | Other | Consider issues raised by stakeholders during the consultation where supported by the findings of the review of the ACT building regulatory system. | Complete | Issues raised by stakeholders during the consultation on the review of the ACT building regulatory system have been considered. The ACT Government has been undertaking reforms to improve the ACT building regulatory system. |
43 | Alternative Dispute Resolution - Residential Buildings | Complete implementation of alternative dispute resolution model. | Complete | The ACT Government has passed new laws, the Building and Construction Legislation Amendment Act 2020, to allow a scheme to help homeowners and the building industry resolve residential building disputes earlier and at less cost to be introduced in the ACT. The Government will consult further with the public and industry to finalise the details of the scheme. |
