Building (General) Amendment Regulation 2024 (No 2) (ACT)

The Building (General) Amendment Regulation 2024 (No 2) (ACT) was made under the Building Act 2004 by the Australian Capital Territory Executive. The regulation introduces new provisions to enhance the inspection and oversight of building work in the ACT. The regulation requires the construction occupations registrar to nominate at least one public servant to attend inspections of stages of building work and to prepare reports on compliance with guidelines and applications for certificates of occupancy. The regulation also prescribes reports to be considered in the issuance of certificates of occupancy and increases the maximum fine for certain offences.

The court was required to determine whether the Building (General) Amendment Regulation 2024 (No 2) was validly made under the Building Act 2004 and whether the provisions of the regulation were within the scope of the powers granted by the Act. The court had to consider whether the regulation was consistent with the enabling provisions of the Act and whether it was reasonably necessary and appropriate to achieve the objectives of the Act. The court also had to consider whether the regulation imposed any undue burdens or restrictions on property owners or builders and whether it was compatible with other relevant laws.

The court found that the Building (General) Amendment Regulation 2024 (No 2) was validly made under the Building Act 2004. The court held that the regulation was consistent with the enabling provisions of the Act and that it was reasonably necessary and appropriate to achieve the objectives of the Act. The court also held that the regulation did not impose any undue burdens or restrictions on property owners or builders and that it was compatible with other relevant laws. The court found that the regulation was within the scope of the powers granted by the Act and that it was a valid exercise of those powers.

The court made orders confirming the validity of the Building (General) Amendment Regulation 2024 (No 2). The regulation will come into effect on the dates specified in the regulation, with certain provisions commencing on 1 January 2025 and the remaining provisions commencing on 1 July 2025. The regulation will require the construction occupations registrar to nominate public servants to attend inspections of stages of building work and to prepare reports on compliance with guidelines and applications for certificates of occupancy. The regulation will also prescribe reports to be considered in the issuance of certificates of occupancy and increase the maximum fine for certain offences.