Civil Law (Sale of Residential Property) Regulation 2004 (ACT)

Civil Law (Sale of Residential Property) Regulation 2004   

SL2004-25

made under the

Civil Law (Sale of Residential Property) Act 2003

Republication No 20

Effective:  1 May 2024

Republication date: 1 May 2024

Last amendment made by A2023‑46

About this republication

The republished law

This is a republication of the Civil Law (Sale of Residential Property) Regulation 2004, made under the Civil Law (Sale of Residential Property) Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 May 2024.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 May 2024. 

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 type="disc">

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 includes 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 ( 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).

Civil Law (Sale of Residential Property) Regulation 2004

made under the

Civil Law (Sale of Residential Property) Act 2003

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5Offences against regulation—application of Criminal Code etc 3

6AS 4299-1995, AS 4349.1 and AS 4349.3 and Legislation Act, s 47 3

Part 2      Sale of residential property

6A          Adaptable housing dwelling—Act, dictionary, def adaptable housing dwelling    4

7           Building and compliance inspection report—Act, dictionary, def building and compliance inspection report  4

8            Building conveyancing inquiry documents—Act, s 7, def building conveyancing inquiry documents  7

9            Lease conveyancing inquiry documents—Act, s 7, def lease conveyancing inquiry documents  7

10          Pest inspection report—Act, dictionary, def pest inspection report           8

10AA          Required documents—Act, s 9 (1) (g) (iv)  9

10A           Required document—Act, s 9 (1) (l)  10

10B           Required documents—Act, s 9 (1) (k)  10

11          Requirement for professional indemnity insurance—Act, s 9 (3) (b)       12

12          Building and pest inspection information register  13

Part 3      Public auctions of residential property

13          Proof of identity—Act, s 24, def proof of identity, paragraph (c)            14

14          Bidders record—Act, s 25  14

15          Entries in bidders record to be made by seller’s agent or employee of the agent        15

16          Standard conditions for conduct of public auctions—Act, s 31A            15

Schedule 1 Standard conditions for conduct of public auctions of residential property  16

Dictionary18

Endnotes

1            About the endnotes  19

2            Abbreviation key  19

3            Legislation history  20

4            Amendment history  23

5            Earlier republications  25

Civil Law (Sale of Residential Property) Regulation 2004

made under the

Civil Law (Sale of Residential Property) Act 2003

Part 1Preliminary

1. Name of regulation

   This regulation is the Civil Law (Sale of Residential Property) Regulation 2004.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The 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 ‘approved plans—see the Building Act 2004, dictionary.’ means that the term ‘approved plans’ is defined in that dictionary and the definition applies to this regulation.

   Note 2A 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)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. Offences against regulation—application of Criminal Code etc

   Other legislation applies to an offence against this regulation.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

2. AS 4299-1995, AS 4349.1 and AS 4349.3 and Legislation Act, s 47

   (1)The Legislation Act, section 47 (6) does not apply to AS 4299‑1995, AS 4349.1 and AS 4349.3 under this regulation.

   NoteAustralian standards do not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The standards may be purchased at director-general must ensure that an Australian standard mentioned in subsection (1) is available for inspection free of charge to the public during ordinary business hours at the office of an administrative unit administered by the director-general.

Part 2Sale of residential property

6AAdaptable housing dwelling—Act, dictionary, def adaptable housing dwelling

A dwelling that complies with Australian Standard AS 4299-1995 (Adaptable Housing) as in force from time to time is prescribed.

1. Building and compliance inspection report—Act, dictionary, def building and compliance inspection report

   (1)A building and compliance inspection report must be completed in accordance with AS 4349.1.

   (2)The report must state in a prominent place the date of the inspection and the date the report was prepared.

   (3)The report must—

   (a)state the policy number and expiry date of the professional indemnity insurance policy that covers the person who prepared the report; or

   (b)be accompanied by a copy of a certificate of currency for the policy given by the insurer that includes the policy’s expiry date.

   (4)The report must include statements to the effect that—

   (a)within 7 days after the day the report is prepared, the following information will be given to the Territory for inclusion in a publicly available register:

   (i)the fact that the report has been prepared;

   (ii)the street address of the property;

   (iii)the inspection date stated in the report;

   (iv)the name of the person who prepared the report;

   (v)if the person who prepared the report did so as an employee or agent of another entity—the name and contact details of the other entity; and

   (b)the person who prepared the report, or the other entity, may give a copy of it, on payment of a reasonable charge, to a person who has entered into a contract to buy the property; and

   (c)no reliance may be placed on the report for any contract entered into more than 180 days after the date of the inspection.

   (5)The report must set out the circumstances in which reliance may be placed on the report.

   (6)The report must include the following documents or statements about any structure erected on the property:

   (a)a copy of any approved plans for the structure;

   (b)a copy of any building approval for the structure that does not form part of approved plans included in the report under paragraph (a);

   (c)a copy of any building permit for the structure;

   (d)a copy of any certificate of occupancy that has been given for the structure;

   (e)a statement from the person who prepared the report about whether the person believes the structure substantially complies with any approved plans for the structure;

   (f)a statement from the person who prepared the report about whether the person believes any building approval is required for the structure;

   (g)if the person who prepared the report believes that a building approval is not required for the structure—a statement from the person about whether the person believes development approval is required for the structure under the Planning Act 2023, chapter 7.

   (7)For subsection (1), AS 4349.1 is taken to be modified as follows:

   (a)omit section 2 (Inspection agreement);

   (b)in clause C4.2 (Report content commentary), insert the following new paragraph (e):

   (e)An assessment of the property in relation to cosmetic or minor maintenance matters.

   Examples of cosmetic or minor maintenance matters

   1leaking taps

   2exposed nail heads

   3peeling paint

   (c)omit clause 4.2.4.2 (Minor defects);

   (d)omit clause C4.2.4.2 (Minor defects commentary);

   (e)in clause 4.2.8 (Conclusion), omit the following words:

   and an opinion regarding the incidence of minor defects, relative to the average condition of similar buildings of approximately the same age that have been reasonably well maintained.

   (f)omit clause C4.2.8 (Conclusion commentary).

   (8)In this section:

   AS 4349.1 means AS 4349.1 (Inspection of buildings – Pre‑purchase inspections – Residential buildings), as in force from time to time.

   NoteAS 4349.1 may be purchased at approval means a building approval under the Building Act 2004.

   building permit means a building permit issued under the Building Act 2004.

   structure—see the Building Act 2004, section 8.

2. Building conveyancing inquiry documents—Act, s 7, def building conveyancing inquiry documents

   The building conveyancing inquiry documents for a residence are—

   (a)the following documents held by the territory planning authority:

   (i)any certificate of occupancy for the residence;

   (ii)any survey plan for the residence signed by a registered surveyor;

   (iii)any approved plans for the residence;

   (iv)any sanitary drainage work plan for the residence under the Water and Sewerage Act 2000;

   (v)the summary sheet of the contents of the building file for the residence; and

   (b)for any document mentioned in paragraph (a) (i) to (iv) that is not available from the territory planning authority—a written statement from the authority that the document is not available.

3. Lease conveyancing inquiry documents—Act, s 7, def lease conveyancing inquiry documents

   The lease conveyancing inquiry documents for a property are the following statements or documents provided by the territory planning authority:

   (a)a statement about any entry in the heritage register in relation to the property;

   (b)a statement about whether any rent under the Planning Act 2023 for the lease of the property is owing;

   (c)a statement about any application for development approval under the Planning Act 2023 affecting the property;

   (d)a statement about any contravention of the Planning Act 2023 in relation to the lease of the property;

   (e)a statement about any order under the Planning Act 2023 made or proposed to be made by the territory planning authority in relation to the property;

   (f)a statement about any application for development approval for variation of a lease for dual occupancy made under the Planning Act 2023 affecting the property;

   (g)a statement about any certificate of compliance issued under the Planning Act 2023;

   (h)a statement about whether there is any record of contaminated land on the property.

4. Pest inspection report—Act, dictionary, def pest inspection report

   (1)A pest inspection report must be completed in accordance with AS 4349.3.

   (2)The report must state in a prominent place the date of the inspection and the date the report was prepared.

   (3)The report must—

   (a)state the policy number and expiry date of the professional indemnity insurance policy that covers the person who prepared the report; or

   (b)be accompanied by a copy of a certificate of currency for the policy given by the insurer that includes the policy’s expiry date.

   (4)The report must include statements to the effect that—

   (a)within 7 days after the day the report is prepared, the following information will be given to the Territory for inclusion in a publicly available register:

   (i)the fact that the report has been prepared;

   (ii)the street address of the property;

   (iii)the inspection date stated in the report;

   (iv)the name of the person who prepared the report;

   (v)if the person who prepared the report did so as an employee or agent of another entity—the name and contact details of the other entity; and

   (b)the person who prepared the report, or the other entity, may give a copy of it, on payment of a reasonable charge, to a person who has entered into a contract to buy the property; and

   (c)no reliance may be placed on the report for any contract entered into more than 180 days after the date of the inspection.

   (5)The report must set out the circumstances in which reliance may be placed on the report.

   (6)In this section:

   AS 4349.3 means AS 4349.3 (Inspection of buildings – Timber pest inspections), as in force from time to time.

   NoteAS 4349.3 may be purchased at documents—Act, s 9 (1) (g) (iv)

   Drawings and plans demonstrating compliance with Australian Standard AS 4299-1995 (Adaptable Housing) as in force from time to time are prescribed.

   10ARequired document—Act, s 9 (1) (l)

   (1)This section applies in relation to a sale of residential property if—

   (a)affected residential premises are covered by the proposed contract; and

   (b)the owner is required to have a current asbestos contamination report for the premises under the Dangerous Substances Act 2004, section 47O.

   (2)A copy of the current asbestos contamination report is prescribed.

   (3)In this section:

   affected residential premises—see the Dangerous Substances Act 2004, section 47I.

   current asbestos contamination report—see the Dangerous Substances Act 2004, section 47J (2).

   10BRequired documents—Act, s 9 (1) (k)

   (1)If the regulated swimming pool was built before 1 May 2023—the following documents are prescribed:

   (a)a copy of the notifiable instrument made under the Building Act 2004, section 83H;

   (b)a document mentioned for whichever of the following circumstances apply:

   (i)if the pool has been granted a Ministerial exemption from the safety standards—

   (A)the exemption certificate in force for the pool; and

   (B)if the pool is exempt from only part of the safety standards—a compliance certificate for the pool to the extent that it is not exempt from the standards;

   (ii)in any other case—any of the following:

   (A)a swimming pool disclosure statement for the premises covered by the contract;

   (B)a compliance certificate for the pool;

   (C)a certificate of occupancy for the pool and safety barrier that is not older than 5 years after the day it was issued.

   (2)If the regulated swimming pool was built or substantially altered on or after 1 May 2023—any 1 of the following documents is prescribed:

   (a)a swimming pool disclosure statement for the premises covered by the contract;

   (b)a certificate of occupancy for the pool and safety barrier that is not older than 5 years after the day it was issued;

   (c)a compliance certificate for the pool.

   (3)In this section:

   certificate of occupancy—see the Building Act 2004, dictionary.

   compliance certificate, for a regulated swimming pool—see the Building Act 2004, section 83K (1).

   exemption certificate, for a regulated swimming pool—see the Building Act 2004, section 83D (6).

   Ministerial exemption—see the Building Act 2004, section 83 (1).

   regulated swimming pool—see the Building Act 2004, section 83B (1).

   safety barrier, for a regulated swimming pool—see the Building Act 2004, section 83 (1).

   standing exemption—see the Building Act 2004, section 83 (1).

   substantially altered—see the Building Act 2004, section 83L (2).

   swimming pool disclosure statement means a statement by the owner of the premises covered by the proposed contract stating, to the best of the owner’s knowledge and belief and as accurately as the person has been able to find out, the following information:

   (a)when—

   (i)the owner purchased the premises; and

   (ii)the premises were built; and

   (iii)if the premises were built by the owner—building approval for the premises was granted; and

   (iv)construction of the pool was completed; and

   (v)any alterations to the pool were completed; and

   (b)if a standing exemption applies to the pool—that the pool is subject to a standing exemption and the circumstances for the exemption.

   1. Requirement for professional indemnity insurance—Act, s 9 (3) (b)

      (1)A report mentioned in the Act, section 9 (1) (h) (iii) or (iv) must have been prepared by someone who has professional indemnity insurance that relates to the subject matter of the report.

      (2)The professional indemnity insurance must provide a minimum limit of indemnity of—

      (a)$500 000; or

      (b)if another amount is determined by the Minister—that amount.

      (3)A determination is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   2. Building and pest inspection information register

      (1)The director‑general must keep a register of information about building and compliance inspection reports and pest inspection reports.

      (2)The register must include—

      (a)the information about building and compliance inspection reports given to the Territory as mentioned in section 7 (4) (a); and

      (b)the information about pest inspection reports given to the Territory as mentioned in section 10 (4) (a).

      (3)However, it is only necessary to include information about a particular inspection for 1 year after the date of the inspection.

      (4)The register may also include any other information the director‑general considers appropriate.

      (5)The register may be kept in a form the director‑general considers appropriate.

      (6)The director‑general must make the information in the register publicly available in the way the director‑general considers appropriate.

Part 3Public auctions of residential property

1. Proof of identity—Act, s 24, def proof of identity, paragraph (c)

   The following proofs of identity are prescribed:

   (a)a card or document that shows the name and address of the person and is issued by—

   (i)the Territory, or a territory authority; or

   (ii)the government or a statutory authority of the Commonwealth or a State; or

   (iii)an authorised deposit-taking institution.

   Examples for par (a)

   1a rates notice issued by the Territory or another jurisdiction

   2a bank statement

   3a tax assessment notice

   (b)a foreign passport or a foreign driver licence that shows the person’s name, together with a card or document issued by an entity other than the person concerned that shows the person’s name and address.

2. Bidders record—Act, s 25

   (1)The bidders record for an auction of residential property must be written in English and must record the following information:

   (a)the date and place of the auction;

   (b)the address of the property;

   (c)the name of the seller of the property;

   (d)the name and licence number of the seller’s agent for the auction;

   (e)the name and licence number of the auctioneer conducting the auction;

   (f)the licence number of any buyer’s agent given a bidder number for the auction;

   (g)if the property is sold at the auction—the name of the successful bidder and the sale price;

   (h)if the property is not sold at the auction—the highest bid accepted, other than a seller bid made in accordance with the Act, section 30.

   (2)The bidders record may be kept in an electronic form.

   (3)In this section:

   licence means a licence under the Agents Act 2003.

3. Entries in bidders record to be made by seller’s agent or employee of the agent

   (1)A person commits an offence if—

   (a)the person makes an entry in a bidders record; and

   (b)the person is not—

   (i)an agent of the seller; or

   (ii)an employee of an agent of the seller acting on behalf of the agent.

   Maximum penalty:  10 penalty units.

   (2)An offence against this section is a strict liability offence.

4. Standard conditions for conduct of public auctions—Act, s 31A

   The standard conditions for conduct of public auctions are set out in schedule 1.

Schedule 1Standard conditions for conduct of public auctions of residential property

(see s 16)

*1No bids may be made for the seller of the property.

OR

*1The auctioneer may make 1 bid for the seller of the property at any time during the auction.

[* One of these alternatives must be deleted]

2Each person bidding must be entered on the bidders record.

3The auctioneer may refuse any bid.

4The auctioneer may decide the amount by which the bidding is to be advanced.

5The auctioneer may withdraw the property from sale at any time.

6The auctioneer may refer a bid to the seller at any time before the end of the auction.

7If there is a dispute about a bid, the auctioneer may resubmit the property for sale at the last undisputed bid or start the bidding again.

8If there is a dispute about a bid, the auctioneer is the sole arbiter and the auctioneer’s decision is final.

9The sale is subject to a reserve price unless the auctioneer announces otherwise.

10The highest recorded bidder will be the buyer, subject to any reserve price.

11If a reserve price has been set for the property and the property is passed in below the reserve price, the seller must first negotiate with the highest bidder for the purchase of the property.

12The buyer must sign the contract and pay the deposit immediately after the fall of the hammer.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     AS (see s 164)

·      authorised deposit-taking institution

·     director-general

·      heritage register

·      registered surveyor

·     territory planning authority.

Note 3Terms used in this regulation have the same meaning that they have in the Civil Law (Sale of Residential Property) Act 2003 (see Legislation Act, s 148). For example, the following terms are defined in the Civil Law (Sale of Residential Property) Act 2003, dict:

·      agent

·      bidders record

·      lease

·      residential property

·      seller.

approved plans—see the Building Act 2004, dictionary.

certificate of occupancy—see the Building Act 2004, dictionary.

foreign driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.

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

1. Legislation history

   This regulation was originally the Civil Law (Sale of Residential Property) Regulations 2004.  It was renamed under the Legislation Act 2001.

   Civil Law (Sale of Residential Property) Regulation 2004 SL2004-25

   notified LR 30 June 2004
   s 1, s 2 commenced 30 June 2004 (LA s 75 (1))

   s 7 (3), s 7 (5), s 10 (3), s 10 (5), s 11 commenced 1 October 2004 (s 2 (1) and CN2004-24)
   s 7 (4), s 10 (4), s 12 commenced 4 April 2005 (s 2 as am by
   )

   
   
   SL2004‑64

   remainder commenced 1 July 2004 (s 2 (2))

   as amended by

   Civil Law (Sale of Residential Property) Amendment Regulations 2004 (No 1) SL2004-48

   notified LR 9 September 2004
   s 1, s 2 commenced 9 September 2004 (LA s 75 (1))
   remainder commenced 1 October 2004 (s 2)

   
   
   

   Civil Law (Sale of Residential Property) Amendment Regulation 2004 (No 2) SL2004-64

   notified LR 23 December 2004
   s 1, s 2 commenced 23 December 2004 (LA s 75 (1))
   remainder commenced 24 December 2004 (s 2)

   
   
   

   Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.5

   notified LR 26 October 2006
   s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))

   
   
   sch 3 pt 3.5 commenced 16 November 2006 (s 2 (1))

   Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.6

   notified LR 13 September 2007
   s 1, s 2 commenced 13 September 2007 (LA s 75 (1))

   
   

   sch 1 pt 1.6 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

   Justice and Community Safety Legislation Amendment Act 2008 (No 3) A2008-29 sch 1 pt 1.3

   notified LR 13 August 2008
   s 1, s 2 commenced 13 August 2008 (LA s 75 (1))

   sch 1 pt 1.3 commenced 27 August 2008 (s 2)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.27

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.27 commenced 1 July 2011 (s 2 (1))

   Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.10

   notified LR 28 November 2011
   s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

   sch 3 pt 3.10 commenced 12 December 2011 (s 2)

   Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.6

   notified LR 24 May 2013
   s 1, s 2 commenced 24 May 2013 (LA s 75 (1))

   sch 3 pt 3.6 commenced 14 June 2013 (s 2)

   Civil Law (Sale of Residential Property) Amendment Regulation 2015 (No 1) SL2015-18

   notified LR 14 May 2015
   s 1, s 2 commenced 14 May 2015 (LA s 75 (1))
   s 5 commenced 1 February 2016 (s 2 (2) and see Dangerous Substances (General) Amendment Regulation 2015 (No 2) SL2015-13 s 2)
   remainder commenced 15 May 2015 (s 2 (1) and see Dangerous Substances (General) Amendment Regulation 2015 (No 1) SL2015-10 s 2)

   Loose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1 pt 1.3

   notified LR 27 May 2020
   s 1, s 2 commenced 27 May 2020 (LA s 75 (1))

   sch 1 pt 1.3 commenced 1 July 2020 (s 2)

   Justice Legislation Amendment Act 2020 A2020-42 pt 5

   notified LR 27 August 2020
   s 1, s 2 commenced 27 August 2020 (LA s 75 (1))

   pt 5 commenced 1 November 2020 (s 2 (3) and see Unit Titles Legislation Amendment Act 2020 A2020-4, s 2 (1) and CN2020-11)

   Civil Law (Sale of Residential Property) Amendment Regulation 2020 (No 1) SL2020-42

   notified LR 10 September 2020
   s 1, s 2 commenced 10 September 2020 (LA s 75 (1))
   remainder commenced 1 November 2020 (s 2 and see Justice Legislation Amendment Act 2020 A2020-42, s 2 (3))

   Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.11

   notified LR 29 September 2023
   s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
   sch 1 pt 1.11 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

   Building (Swimming Pool Safety) Legislation Amendment Act 2023 A2023-46 pt 5

   notified LR 15 November 2023
   s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
   s 28 commenced 1 May 2024 (s 2 (1))
   pt 5 remainder awaiting commencement

2. Amendment history

   Name of regulation

   s 1am R4 LA

   Commencement

   s 2sub SL2004‑64 s 4

   om LA s 89 (4)

   AS 4299-1995, AS 4349.1 and AS 4349.3 and Legislation Act, s 47

   s 6sub SL2020‑42 s 4

   Adaptable housing dwelling—Act, dictionary, def adaptable housing dwelling

   s 6Ains A2020-42 s 17

   am SL2020‑42 s 5

   Building and compliance inspection report—Act, dictionary, def building and compliance inspection report

   s 7 hdgsub A2011‑52 amdt 3.45

   s 7am SL2004‑48 s 4, s 5; regs renum R3 LA (see SL2004‑48 s 6); A2007‑25 amdt 1.30; A2008‑29 amdt 1.7, amdt 1.8; A2013‑19 amdt 3.38; A2023-36 amdt 1.78

   Building conveyancing inquiry documents—Act, s 7, def building conveyancing inquiry documents

   s 8am A2023-36 amdt 1.79

   Lease conveyancing inquiry documents—Act, s 7, def lease conveyancing inquiry documents

   s 9am A2006‑42 amdt 3.12, amdt 3.13

   sub A2007‑25 amdt 1.31

   am A2023-36 amdt 1.79, amdt 1.80

   Pest inspection report—Act, dictionary, def pest inspection report

   s 10 hdgsub A2011‑52 amdt 3.46

   s 10am A2008‑28 amdt 1.9; A2013‑19 amdt 3.39

   Required documents—Act, s 9 (1) (g) (iv)

   s 10AAins A2020-42 s 18

   am SL2020‑42 s 5

   Required document—Act, s 9 (1) (l)

   s 10Ains SL2015-18 s 4

   sub SL2015-18 s 5

   am A2020‑20 amdts 1.7-1.11

   Required documents—Act, s 9 (1) (k)

   s 10Bins A2023-46 s 28

   Requirement for professional indemnity insurance—Act, s 9 (3) (b)

   s 11am A2006‑42 amdt 3.14

   Building and pest inspection information register

   s 12am A2011‑22 amdt 1.92

   References to Building Act 2004

   s 17exp 1 September 2004 (s 17 (3))

   Reports prepared before 1 July 2004

   s 18exp 30 June 2005 (s 18 (3))

   Transitional

   pt 4 hdgom R8 LA

   Reports prepared before commencement of insurance requirements

   s 19exp 30 June 2006 (s 19 (3))

   Reports prepared before commencement of requirements about structures

   s 20ins SL2004‑48 s 7

   exp 30 June 2006 (s 20 (2))

   Dictionary

   dictam A2006‑42 amdt 3.15; A2013‑19 amdt 3.40; SL2020‑42 s 6; A2023-36 amdt 1.81

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 July 2004	1 July 2004– 1 Sep 2004	not amended	new regulation
R2 2 Sept 2004	2 Sept 2004– 30 Sept 2004	not amended	commenced expiry
R3 1 Oct 2004	1 Oct 2004– 1 Nov 2004	SL2004‑48	commenced provisions and amendments by SL2004‑48
R4 2 Nov 2004	2 Nov 2004– 23 Dec 2004	SL2004‑48	editorial amendments under Legislation Act
R5 24 Dec 2004	24 Dec 2004– 3 Apr 2005	SL2004‑64	amendments by SL2004‑64
R6 4 Apr 2005	4 Apr 2005– 30 June 2005	SL2004‑64	commenced provisions
R7 1 July 2005	1 July 2005– 30 June 2006	SL2004‑64	commenced expiry
R8 1 July 2006	1 July 2006– 15 Nov 2006	SL2004‑64	commenced expiry
R9 16 Nov 2006	16 Nov 2006– 30 Mar 2008	A2006‑42	amendments by A2006‑42
R10 31 Mar 2008	31 Mar 2008– 26 Aug 2008	A2007‑25	amendments by A2007‑25
R11 27 Aug 2008	27 Aug 2008– 30 June 2011	A2008‑29	amendments by A2008‑29
R12 1 July 2011	1 July 2011– 11 Dec 2011	A2011‑22	amendments by A2011‑22
R13 12 Dec 2011	12 Dec 2011– 13 June 2013	A2011‑52	amendments by A2011‑52
R14 14 June 2013	14 June 2013– 14 May 2015	A2013‑19	amendments by A2013‑19
R15 15 May 2015	15 May 2015– 31 Jan 2016	SL2015‑18	amendments by SL2015‑18
R16 1 Feb 2016	1 Feb 2016– 30 June 2020	SL2015‑18	amendments by SL2015‑18
R17 1 July 2020	1 July 2020– 31 Oct 2020	A2020‑20	amendments by A2020‑20
R18 1 Nov 2020	1 Nov 2020– 26 Nov 2023	SL2020‑42	amendments by A2020‑42 and SL2020‑42
R19 27 Nov 2023	27 Nov 2023– 30 Apr 2024	A2023‑36	amendments by A2023‑36