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 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.