Legislation next step in building a strong foundation for high standards building


Released 02/08/2016

The integrity and effectiveness of the ACT’s building regulatory system will be further strengthened and supported by legislation passed in the ACT Legislative Assembly today.

The Building and Construction Legislation Amendment Bill 2016 is part of the reforms to the ACT building regulatory system announced in June this year. The amendments enable the implementation of high priority reforms, including documentation standards for building approvals and codes of practice for builders and building certifiers.

The Bill will also:

  • Improve the operation and understanding of the building certification system and better outline the functions of a certifier, as well as including new powers in the Act to include codes of practice and guidelines for building approvals, stage inspections, certification and building design documentation.  
  • Help prevent licensees with poor compliance histories from setting up new licences or shifting their business to another licence by allowing the Registrar and ACAT to consider the history of relevant directors, partners and nominees and other licenses they have been associated with in licensing and disciplinary decisions.
  • Increase the range of actions that can be taken when a licensee is no longer eligible to hold a licence.
  • Better outline the obligations of corporate and partnership licensees and their nominee builders.
  • Increase the maximum payment ACAT can impose in an occupational discipline order from $1,000 to $20,000 for an individual and from $5,000 to $100,000 for a corporation.

Importantly, the Bill also allows for the expansion of statutory warranties to all private residential buildings.

“Currently, warranties apply only to residential buildings that are no higher than three storeys, excluding any storey used only for parking. Owners of apartments in medium- and high-rise residential buildings are no less vulnerable when building work is not completed or defective, so it is important that the statutory warranty applies to all residential owners,” Minister Gentleman said.

The ACT Government has also committed to further consultation on other protections for owners and users of building and construction services, including residential building insurance.  

“I appreciate the strong support from the community, industry and Assembly for the Bill. It is an integral part of the government’s work to make sure that the Territory’s building regulation is relevant for industry and the community, and builds on the reforms the government has made to date.  

“An effective building regulatory system not only benefits building owners but also helps building practitioners who already have good standards of practice. The Bill takes another step towards a fairer, consistently well-performing industry,” Minister Gentleman concluded.

Further information on the Government’s building reform program can be found at http://www.planning.act.gov.au/topics/current_projects/act_building_regulatory_system_review

- Statement ends -

Mick Gentleman, MLA | Media Releases


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