Property Developers Act 2024 (ACT)

Property Developers Act 2024   

A2024-36

Republication No 5

Effective:  26 November 2025

Republication date: 26 November 2025

Last amendment made by A2025‑29

Not all provisions are in force: see last endnote

About this republication

The republished law

This is a republication of the Property Developers Act 2024 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. 

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 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).

Property Developers Act 2024

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Dictionary  3

4            Notes  4

5Offences against Act—application of Criminal Code etc 4

6            Objects of Act  4

Part 2      Licensing of property developers

Division 2.1              Preliminary

7           Purpose—pt 2  6

8            Meaning of associated entity and key person  6

9            Meaning of suitable person  8

10          Meaning of rating report—pt 2  10

Division 2.2              Property developer licences

11          Applications for licence  10

12          Eligibility for licence  11

13          Applications for licence renewal  11

14          Eligibility for licence renewal  12

15          Registrar may request more information  12

16          Change of information must be provided  12

17          Deciding applications  13

18          Licence valid until application for renewal decided  13

19          Licence conditions  13

20          Licence term  16

21          Content of licence  16

Division 2.3              Licence variations and change of circumstances

22          Variation of licence  17

23          Notifying registrar about change of circumstances  18

24          Registrar may request rating report  19

Division 2.4              Register of licensed property developers

25          Registrar must keep register  19

26          Publication of information in register  21

Part 3      Rating entities

27          Approval of rating entities  22

28          Approval valid until new application decided  23

29          Variation of approval  23

30          Revocation of approval  25

Part 4      Licensed property developers—regulatory action

Division 4.1              Automatic licence suspension

31          Automatic suspension of licence  27

Division 4.2              Regulatory action

32          Definitions—div 4.2  27

33          Grounds for regulatory action  28

34          Notice of proposed regulatory action  29

35          Taking regulatory action  30

36          Not taking regulatory action  30

37          Effect of suspension  31

Division 4.3              Immediate suspension or cancellation of licence

38          Immediate suspension or cancellation  31

39          Effect of immediate suspension  33

40          Revoking immediate suspension or cancellation  33

Division 4.4              Other regulatory action

41          Voluntary cancellation of licence  34

42          Application to disqualify person from applying for licence  34

Division 4.5              Miscellaneous

43          Registrar may consult people before exercising functions                   35

Part 5      Rectification orders, stop work orders and undertakings

Division 5.1              Preliminary

44          Application—pt 5  36

45          Definitions—pt 5  36

46          Meaning of property developer—pt 5  37

47          Meaning of serious defect  38

Division 5.2              Rectification orders

48          Notice of proposed rectification order  39

49          Making rectification orders  40

50          Emergency rectification orders  41

51          Rectification orders—more than 1 property developer  42

52          Registrar may give rectification order to directors if property developer wound up etc    43

53          Occupier of land may be required to permit rectification work               45

54          Offence—failing to comply with rectification order  45

Division 5.3              Rectification work arranged by Territory

55          Rectification by Territory—failure to comply with rectification order        46

56          Offence—hindering or obstructing authorised contractor  46

57          Damage etc by authorised contractor to be minimised  47

58          Compensation  47

59          Protection of authorised contractor from liability  48

Division 5.4              Stop work orders

60          Stop work orders  48

61          Offence—failing to comply with stop work order  50

Division 5.5              Compliance undertakings

62          Registrar may accept undertakings  51

63          Offence—failing to comply with compliance undertaking  52

Division 5.6              Miscellaneous

64          Compliance cost notices  53

65          Exercise of powers unaffected by approvals etc  54

Part 6      Enforcement

Division 6.1              Preliminary

66          Definitions—pt 6  55

67          Appointment of authorised people  56

68          Identity cards  56

Division 6.2              Exercise of powers generally

69          Requirements before certain powers can be exercised  57

70          Privilege against self-incrimination does not apply  58

Division 6.3              Power to obtain information

71          Direction to give information  59

72          Direction to give name and address  60

Division 6.4              Power to enter premises

73          Powers of authorised person to enter premises  61

74          Obtaining consent to entry  62

75          General powers on entry to premises  62

Division 6.5              Warrants

76          Definitions—div 6.5  64

77          Application for warrant  64

78          Magistrate may refuse to consider application for warrant until authorised person gives relevant information  64

79          Decision on application for warrant  65

80          Warrant issued on remote application  65

81          Announcement before entry under warrant  67

82          Warrant etc to be given to occupier  67

83          Occupier entitled to watch search etc  67

Division 6.6              Power to seize things

84          Authorised person may seize things at premises  68

85          Moving things to another place for examination or processing under warrant    69

86          Owner etc may access seized things  70

87          Person must not interfere with seized things  70

88          Authorised person must give receipt for seized things  71

89          Return of seized things  71

90          Order disallowing seizure  72

Division 6.7              Miscellaneous

91          Damage etc to be minimised  74

92          Compensation for exercise of enforcement powers  74

Part 7      Offences

93          Offence—false or misleading representation about licence                 76

94          Offence—failure to comply with licence condition  77

95          Offence—failure to comply with approved code of practice                 78

Part 8      Complaints about licensees

Division 8.1              Preliminary

96          Definitions—pt 8  79

Division 8.2              Making complaints

97          When may someone complain about licensees?  79

98          Making a complaint on behalf of another person  79

99          Form and contents of complaint  80

100         Withdrawal of complaint  80

Division 8.3              Dealing with complaints

101         Notifying licensee about complaint  81

102         Consideration of complaint  81

103         Registrar may request information or statement  81

Division 8.4              Finalising complaints

104         No further action  82

105         Registrar may refer complaint or matter to another entity  82

106         Notice of outcome of complaint consideration  83

Division 8.5              Miscellaneous

107         Immunity from liability  83

Part 9      Information sharing

Division 9.1              Sharing public safety information

108         Definitions—div 9.1  84

109         Sharing public safety information—territory agencies  85

110         Sharing public safety information—non-territory agencies                   86

Division 9.2              Unauthorised disclosure of protected information

111         Offences—use or divulge protected information  86

Part 10     Notification and review of decisions

112         Definitions—pt 10  89

113         Applications for reconsideration  89

114         Reconsideration of internally reviewable decisions  90

115         Reviewable decision notice  90

116         Applications for review of ACAT reviewable decisions  90

Part 11     Miscellaneous

117         Codes of practice  91

118         Competency requirements for property developers  91

119         Protection of public officials from liability  91

120         Applying, adopting or incorporating documents in regulations and instruments  92

121         Determination of fees  92

122         Regulation-making power  92

123         Review of Act  93

Part 12     Transitional

124         Transitional regulations  94

125         Expiry—pt 12  94

Part 13     Consequential amendments

126         Legislation amended—sch 2  95

Schedule 1 Reviewable decisions  96

Part 1.1    Internally reviewable decisions  96

Part 1.2    ACAT reviewable decisions  96

Schedule 2 Consequential amendments  98

Part 2.1    Building Act 2004  98

Part 2.2    Building (General) Regulation 2008  110

Part 2.3    Civil Law (Property) Act 2006  112

Part 2.4    Civil Law (Sale of Residential Property) Act 2003          112

Part 2.5    Planning Act 2023  120

Part 2.6    Property Developers Act 2024  124

Dictionary125

Endnotes

1            About the endnotes  131

2            Abbreviation key  131

3            Legislation history  132

4            Amendment history  132

5            Earlier republications  133

6            Uncommenced provisions  133

Property Developers Act 2024

An Act to regulate residential development activities by property developers, and for other purposes

Part 1Preliminary

1Name of Act

This Act is the Property Developers Act 2024.

2Commencement

(1)The following provisions commence on the day after this Act’s notification day:

·     part 1 (Preliminary)

·     section 8 (Meaning of associated entity and key person)

·     part 5 (Rectification orders, stop work orders and undertakings) (other than section 60 (1) (b) and (6), definition of relevant provision)

·     part 6 (Enforcement)

·     part 9 (Information sharing)

·     part 10 (Notification and review of decisions)

·     part 11 (Miscellaneous)

·     part 12 (Transitional)

·     schedule 1 (Reviewable decisions)

·     dictionary.

NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2)The following provisions commence on a day fixed by the Minister by written notice:

(a)the licence requirement provisions;

(b)the remaining provisions.

NoteA single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

(3)However—

(a)if the licence requirement provisions have not commenced within 3 years beginning on this Act’s notification day, they automatically commence on the first day after that period; and

(b)if the remaining provisions have not commenced within 2 years beginning on this Act’s notification day, they automatically commence on the first day after that period.

(4)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.

(5)In this section:

licence requirement provisions means—

(a)section 7 (Purpose—pt 2); and

(b)section 60 (1) (b) and (6), definition of relevant provision; and

(c)the following provisions in schedule 2:

(i)amendments 2.2 to 2.5;

(ii)amendment 2.7;

(iii)parts 2.2 to 2.6.

3Dictionary

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

Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘building work—see the Building Act 2004, section 6.’ means that the term ‘building work’ is defined in that section and the definition applies to this Act.

Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4Notes

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

5Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (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.

6Objects of Act

(1)The objects of this Act are to—

(a)protect the public by ensuring—

(i)residential development activities are undertaken by property developers that are competent and have the capacity to undertake those activities; and

(ii)property developers are responsible and accountable for the residential development activities they undertake; and

(b)promote public confidence in the standard of residential development activities undertaken by property developers.

(2)The objects are to be achieved by—

(a)establishing a licensing scheme that ensures certain residential development activities are only undertaken by licensed property developers; and

(b)imposing standards of practice and competency for the residential development activities undertaken by licensed property developers; and

(c)requiring property developers to rectify serious defects, or possible serious defects, in regulated residential buildings they arrange to be constructed; and

(d)providing for the monitoring and enforcement of compliance with this Act.

NoteOther legislation applies to residential development activities to help achieve this Act’s objects and to ensure property developers are accountable for the residential development activities they undertake. See the following:

·     Building Act 2004

·     Civil Law (Sale of Residential Property) Act 2003

·     Planning Act 2023

·     Unit Titles (Management) Act 2011.

Part 2Licensing of property developers

Division 2.1               Preliminary

7Purpose—pt 2

The purpose of this part is to allow a person to apply for and to obtain a licence to do the following:

(a)apply for development approval in relation to certain residential building developments under the Planning Act 2023, section 162A;

(b)apply for a building approval, building commencement notice or certificate of occupancy in relation to certain residential building work under the Building Act 2004, section 27 (1) (ca), section 28AA and section 69 (1) (c);

(c)sell, or advertise the sale of, certain residential property off-the-plan under the Civil Law (Sale of Residential Property) Act 2003, division 2A.2.

8Meaning of associated entity and key person

(1)In this Act:

associated entity, of a corporation, means—

(a)a related corporation; or

(b)an entity prescribed by regulation.

key person, for a corporation, means—

(a)a director or secretary of—

(i)the corporation; or

(ii)an associated entity of the corporation; and

(b)an individual who is in a position to control or significantly influence the corporation’s or an associated entity’s conduct and includes an individual who—

(i)directly or indirectly owns, holds or controls 25% or more of the shares in either corporation, or 25% or more of a class of shares in either corporation; or

(ii)gives instructions to an officer of either corporation and the officer generally acts on those instructions; or

(iii)makes, or participates in making, decisions that affect the whole or a substantial part of either corporation’s business or financial standing; or

(iv)engages in conduct or makes representations that would cause someone else to reasonably believe the person controls, or substantially influences, either corporation’s business.

(2)However, a key person for a corporation, does not include—

(a)a professional, only because the advice given by the professional influences the corporation’s conduct; or

(b)a regulator, only because the regulator, when exercising a function under an Act or other law, influences the corporation’s business; or

(c)an administrator, controller, provisional liquidator or liquidator within the meaning of the Corporations Act, section 9.

(3)For this section, a related corporation has the same meaning as related body corporate under the Corporations Act, section 9, except that in section 46 (Meaning of subsidiary—general) of that Act, references to ‘one-half’ are taken to be references to ‘25%’.

(4)In this section:

professional—

(a)means a person who provides professional advice to more than 1 client; but

(b)does not include a person who provides professional advice to a client in the person’s capacity as an employee of the client.

Example

a lawyer or accountant, employed in that capacity by a firm of lawyers or accountants engaged by a corporation to give the corporation advice on a particular matter

regulator means—

(a)a person employed by the Territory, a State, a local government or the Commonwealth; or

(b)a person engaged by the Territory, a State, a local government or the Commonwealth to provide a particular service or carry out a particular activity; or

(c)an agent of a person mentioned in paragraph (b) if, in that capacity, the agent provides the service or carries out the activity the person is engaged to provide or carry out.

NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

9Meaning of suitable person

(1)For this Act, in deciding whether an applicant for a licence is a suitable person to hold the licence, the registrar must consider the following:

(a)the applicant’s character;

(b)the applicant’s history of compliance, or ability to comply, with this Act and relevant laws including whether the applicant has been—

(i)the subject of regulatory action (however described) under this Act or a relevant law; or

(ii)convicted of an offence against this Act or a relevant law or another law that affects the applicant’s suitability to undertake residential development activities;

(c)if the applicant is able to demonstrate an ability to comply with this Act and relevant laws;

(d)the applicant’s operational and financial capacity to undertake residential development activities including the applicant’s—

(i)past performance in undertaking residential development activities or related activities; and

(ii)credit history and financial viability;

(e)the applicant’s compliance with any competency requirement;

(f)whether the applicant has previously held a licence that has been cancelled or suspended, or for which conditions have been imposed under section 19;

(g)if the applicant is an individual, whether the applicant has been—

(i)an insolvent under administration under the Corporations Act, section 9; or

(ii)an executive officer of a corporation within 2 years before the corporation was placed into administration, receivership or liquidation; or

(iii)disqualified from managing a corporation under the Corporations Act;

(h)any matter prescribed by regulation.

(2)If the applicant is a corporation and the registrar considers it relevant, the registrar may also consider the matters mentioned in subsection (1) for—

(a)an associated entity or key person for the corporation; and

(b)a former associated entity or key person for the corporation.

(3)The registrar may consider any other matter the registrar considers relevant.

10Meaning of rating report—pt 2

In this part:

rating report, in relation to an applicant for a licence or a licensee, means a written report—

(a)prepared by a rating entity; and

(b)that assesses the operational and financial capacity of the applicant or licensee to undertake residential development activities; and

(c)that satisfies any other requirement prescribed by regulation.

Division 2.2               Property developer licences

11Applications for licence

(1)A person may apply to the registrar to be licensed as a property developer (a licence application).

(2)A licence application must—

(a)be in writing; and

(b)if requested by the registrar—include a rating report or any other report prescribed by regulation; and

(c)include information about the matters mentioned in section 9 (1) (Meaning of suitable person); and

(d)include any information prescribed by regulation.

(3)The registrar may refuse to consider a licence application that does not comply with subsection (2).

12Eligibility for licence

An applicant is eligible to be given a licence if—

(a)the registrar is satisfied the applicant has the operational and financial capacity, and is otherwise a suitable person, to undertake residential development activities; and

(b)the applicant is not disqualified (however described) from applying for a licence under this Act; and

(c)the applicant meets any other eligibility requirements prescribed by regulation.

13Applications for licence renewal

(1)A person may apply to the registrar for renewal of their licence (a renewal application) before the licence ends.

(2)A renewal application must—

(a)be in writing; and

(b)if requested by the registrar—include a rating report or any other report prescribed by regulation; and

(c)include details of any relevant competency requirements to be undertaken by the applicant during the term of the applicant’s licence; and

(d)if any information about a matter mentioned in section 9 (1) (Meaning of suitable person) has changed since the applicant last made a licence application or renewal application—include details of the changes; and

(e)include any information prescribed by regulation.

(3)The registrar may refuse to consider an application that does not comply with subsection (2).

14Eligibility for licence renewal

An applicant is eligible to have their licence renewed if—

(a)the registrar is satisfied the applicant has the operational and financial capacity, and is otherwise a suitable person, to undertake residential development activities; and

(b)the applicant has undertaken any relevant competency requirements; and

(c)the applicant meets any other eligibility requirements prescribed by regulation.

15Registrar may request more information

(1)The registrar may, in writing, require an applicant under section 11 or section 13 to give the registrar information that the registrar reasonably needs to decide the application.

(2)Without limiting subsection (1), the registrar may require an additional rating report or a rating report that includes stated information to be provided by the applicant.

(3)If the applicant does not comply with a requirement under subsection (1), the registrar may refuse to consider the application further.

16Change of information must be provided

If the information in a licence application or renewal application changes before the application is decided, the applicant must give the registrar written notice of the details of the change.

17Deciding applications

(1)If a person makes a licence application, the registrar must—

(a)if the person is eligible—give a licence to the person; or

(b)if the person is not eligible—refuse to give a licence to the person.

(2)If a person makes a renewal application, the registrar must—

(a)if the person is eligible—renew the person’s licence; or

(b)if the person is not eligible—refuse to renew the person’s licence.

(3)If the registrar renews a licence, the renewed licence begins on the day after the licence being renewed ends.

(4)The registrar may renew a licence that has been suspended, but the renewed licence is suspended until the suspension ends.

18Licence valid until application for renewal decided

(1)If a person makes a renewal application, the person’s existing licence continues in force until the application is decided.

(2)Subsection (1) applies even if it causes the existing licence to be in force for longer than the maximum licence term stated in section 20 (b) (i).

19Licence conditions

(1)A licence is subject to the following conditions:

(a)the licensee must comply with this Act (including any approved code of practice);

(b)the licensee must comply with all relevant competency requirements;

(c)the licensee must comply with all relevant laws;

(d)the licensee must—

(i)meet the standard reasonably expected of a licensee; and

(ii)demonstrate a level of competence reasonably expected of a licensee; and

(iii)demonstrate the operational and financial capacity to comply with—

(A)its obligations under this Act and relevant laws; and

(B)its legal obligations to subcontractors and other people engaged by the licensee; and

(iv)not engage in improper or unethical conduct;

(e)on request by the registrar, the licensee must provide stated information about any matter mentioned in paragraphs (a) to (d);

(f)any other condition the registrar considers appropriate;

(g)any other condition prescribed by regulation.

NoteIt is an offence under s 94 for a licensee not to comply with a condition of their licence.

(2)Without limiting subsection (1) (f) or (g), a condition may be imposed or prescribed in relation to the following matters:

(a)limiting the residential development activities that may be undertaken concurrently by the licensee or an associated entity;

(b)preventing new residential development activities from being undertaken by the licensee or an associated entity;

(c)limiting the size or kinds of residential development activities that may be undertaken  by the licensee or an associated entity;

(d)requiring the design documentation for residential building work to be independently reviewed or inspected;

(e)requiring inspections of stated residential building work by a stated person and the provision of information about the inspections;

(f)minimum financial requirements to be satisfied by the licensee or an associated entity;

(g)restricting stated people from involvement in stated residential development activities.

Examples

1     Kerr Developments Pty Ltd is a new entrant into the residential development industry. The registrar imposes a condition on the company’s licence limiting the company from developing multi-unit housing with more than 10 units or with a value of more than $5 million.

2     Foord Developments Pty Ltd holds a licence and is the parent company of 3 subsidiary companies, each responsible for the development of different residential development projects. One of the subsidiaries is placed under external administration and defects relating to a number of buildings constructed by the insolvent company have been identified. The registrar imposes a condition preventing the subsidiary companies from undertaking new projects and requiring additional independent review of design documentation for the subsidiaries’ projects.

(3)Before imposing a condition under subsection (1) (f), the registrar must—

(a)give the applicant or licensee a written notice that—

(i)states the condition the registrar proposes to impose; and

(ii)states the reason the registrar proposes to impose the condition; and

(iii)tells the person that they may give a written response to the registrar about the matters stated in the notice not later than 28 days after the day the person receives the notice; and

(b)consider any response given to the registrar in accordance with paragraph (a) (iii).

20Licence term

A licence—

(a)begins on the day stated in the licence; and

(b)ends on the earliest of the following:

(i)the day stated in the licence, being not more than 7 years from the day the licence begins;

(ii)if the licence is cancelled under division 4.2 (Regulatory action), division 4.3 (Immediate suspension or cancellation of licence) or section 41 (Voluntary cancellation of licence)—the day the cancellation takes effect.

21Content of licence

(1)This section applies if the registrar—

(a)gives a licence or renews a licence; or

(b)varies a licence under section 22 (Variation of licence) or division 4.2 (Regulatory action).

(2)The registrar must give the licensee a licence that states—

(a)the name of the licensee; and

(b)a unique identifying number for the licence; and

(c)the term of the licence; and

(d)any conditions on the licence; and

(e)any other information prescribed by regulation.

(3)A licence may include any other information the registrar considers relevant.

Division 2.3               Licence variations and change of circumstances

22Variation of licence

(1)The registrar may vary a licence on written application by the licensee if the registrar—

(a)has considered any reasons provided by the licensee in their application to vary the licence; and

(b)is satisfied it is appropriate to vary the licence.

(2)The registrar may vary the licence on the registrar’s own initiative if the registrar—

(a)has given the licensee a written notice that—

(i)states how the registrar proposes to vary the licence; and

(ii)states the reason the registrar proposes to vary the licence; and

(iii)tells the licensee that the licensee may give a written response to the registrar about the matters stated in the notice not later than 28 days after the day the licensee receives the notice; and

(b)has considered any response given in accordance with paragraph (a) (iii); and

(c)is satisfied it is appropriate to vary the licence.

(3)If the registrar varies a licence under this section, the registrar must give the licensee a written notice (a notice of variation) that states—

(a)how the licence has been varied; and

(b)the day on which the variation takes effect.

(4)A variation of a licence takes effect on the day stated in the notice of variation.

(5)In this section:

licence includes a suspended licence.

vary, in relation to a licence, includes—

(a)varying the term of the licence; and

(b)adding, amending or removing a condition of the licence.

23Notifying registrar about change of circumstances

(1)A licensee must notify the registrar, in writing, about any of the following within 14 days after the licensee becomes aware of the matter:

(a)a change to the licensee’s name or contact details;  

(b)if an entity stops being, or becomes, an associated entity of the licensee;

(c)if a person stops being, or becomes, a key person for the licensee;

(d)any other change to the information given by the licensee in a licence application or renewal application;

(e)the licensee, or an associated entity, doing the earliest of the following:

(i)entering into an off‑the‑plan contract for the sale of a regulated residential building;

(ii)applying for a development approval in relation to residential building work;

(iii)applying for a building approval in relation to residential building work;

(f)any other event or circumstance prescribed by regulation.

Maximum penalty:  20 penalty units.

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

(3)In this section:

building approval—see the Building Act 2004, dictionary.

development approval—see the Planning Act 2023, dictionary.

off‑the‑plan contract—see the Civil Law (Sale of Residential Property) Act 2003, section 19A (1).

24Registrar may request rating report

(1)The registrar may request a licensee to provide a rating report if the licensee—

(a)applies to vary a licence under section 22; or

(b)notifies the registrar about a matter under section 23.

(2)The registrar may refuse to consider an application under section 22 that does not comply with subsection (1).

Division 2.4               Register of licensed property developers

25Registrar must keep register

(1)The registrar must keep a register of licensed property developers (the register).

(2)The registrar must keep the following details about a licensee in the register:

(a)their registered business name;

(b)if the licensee operates the business under another name—their business’s trading name;

(c)details of current and former associated entities of the licensee;

(d)names and director identification numbers of current and former directors for the licensee and associated entities of the licensee;

(e)their ABN or ACN;

(f)their licence number;

(g)the term of their licence;

(h)any conditions on their licence;

(i)the status of their licence;

(j)their address for service;

(k)any rating information prescribed by regulation;

(l)the details and status of any—

(i)regulatory action taken under part 4 (Licensed property developers—regulatory action) against them or an associated entity; and

(ii)action taken under part 5 (Rectification orders, stop work orders and undertakings) against them or an associated entity; and

(iii)any regulatory action (however described) taken against them or an associated entity under a relevant law;

(m)past and current residential development activities undertaken by the licensee and their associated entities;

(n)any other details prescribed by regulation.

(3)The registrar must, for a former licensee, keep the details mentioned in subsection (2) in the register for 10 years after the day the former licensee’s licence ends.

(4)The register may also contain any other details the registrar considers appropriate.

(5)The registrar may correct any mistake, error or omission in the register.

(6)In this section:

director identification number means a director identification number under the Corporations Act, section 9.

26Publication of information in register

(1)The registrar must make the details mentioned in section 25 in relation to a licensee, or a former licensee, available to the public.

(2)However, the registrar must not make details about a licensee or a former licensee available to the public if the licensee or former licensee applies, in writing, for the information not to be made available to the public and the registrar is satisfied the publication of the information would, or could reasonably be expected to—

(a)endanger the life or physical safety of a person; or

(b)jeopardise national security.

Part 3Rating entities

27Approval of rating entities

(1)On written application by an entity, the director-general may approve the entity to prepare rating reports.

(2)The director-general may only approve an entity if—

(a)the entity holds an Australian financial services licence that authorises the entity to provide services in accordance with this section; and

(b)the director-general is satisfied the entity—

(i)has appropriate processes to undertake assessments of the operational and financial capacity of an applicant for a licence, or a licensee, to undertake residential development activities; and

(ii)has proven procedures for training and monitoring people employed or engaged by the entity to undertake the assessments; and

(iii)has the operational and financial capacity to undertake the assessments; and

(iv)imposes fees that are reasonable taking into account the scope of the services being offered; and

(v)has appropriate processes for internally reviewing assessments and managing complaints; and

(c)the entity meets any other requirement prescribed by regulation.

(3)An approval—

(a)must be for a term not longer than 5 years; and

(b)is subject to—

(i)any condition the director-general considers appropriate; and

(ii)any condition prescribed by regulation.

(4)An approval is a notifiable instrument.

(5)In this section:

Australian financial services licence—see the Corporations Act, section 9.

28Approval valid until new application decided

(1)This section applies if an entity—

(a)holds an approval under section 27; and

(b)before the approval ends, applies in writing for a new approval.

(2)The entity’s existing approval continues in force until the application is decided.

(3)Subsection (2) applies even if it causes the existing approval to be in force for longer than the maximum term stated in section 27 (3) (a).

29Variation of approval

(1)On written application by a rating entity, the director-general may vary the entity’s approval if the director-general—

(a)has considered any reasons provided by the entity in its application; and

(b)is satisfied it is appropriate to vary the approval.

(2)The director-general may vary the approval of a rating entity on the director-general’s own initiative if the director-general—

(a)has given the entity a written notice that—

(i)states how the director-general proposes to vary the approval; and

(ii)states the reason the director-general proposes to vary the approval; and

(iii)tells the entity that it may give a written response to the director-general about the matters stated in the notice not later than 28 days after the day the entity receives the notice; and

(b)has considered any response given in accordance with paragraph (a) (iii); and

(c)is satisfied it is appropriate to vary the approval.

(3)A variation of an approval takes effect on the day stated in the variation.

(4)A variation of an approval is a notifiable instrument.

(5)In this section:

vary, in relation to an approval includes—

(a)varying the term of the approval; and

(b)adding, amending or removing a condition of the approval.

30Revocation of approval

(1)On written application by a rating entity, the director-general must revoke the entity’s approval if the director-general is satisfied it is appropriate to do so.

(2)The director-general may revoke the approval of a rating entity on the director-general’s own initiative if the director-general—

(a)is satisfied 1 or more of the following applies:

(i)the entity has failed to comply with a condition of its approval;

(ii)the entity knowingly or recklessly used false or misleading information to become a rating entity;

(iii)the entity no longer satisfies the requirements mentioned in section 27 (2);

(iv)the entity has been the subject of regulatory action (however described) in relation to its Australian financial services licence; and

(b)has given the entity a written notice that—

(i)states that the director-general proposes to revoke the approval; and

(ii)states the reason the director-general proposes to revoke the approval; and

(iii)tells the entity that it may give a written response to the director-general about the matters stated in the notice not later than 28 days after the day the entity receives the notice; and

(c)has considered any response given in accordance with paragraph (b) (iii); and

(d)is satisfied it is appropriate to revoke the approval.

(3)Revocation of an approval takes effect—

(a)for a revocation under subsection (1)—

(i)90 days after the day the revocation is notified; or

(ii)if a later date is stated in the revocation—on that date; or

(b)for a revocation under subsection (2)—on the day stated in the revocation.

(4)A revocation is a notifiable instrument.

(5)In this section:

Australian financial services licence—see section 27 (5).

Part 4Licensed property developers—regulatory action

Division 4.1               Automatic licence suspension

31Automatic suspension of licence

(1)A licensee’s licence is automatically suspended—

(a)if an annual licence fee or other fee is determined under section 121 and is payable on a stated date—for the period the fee is unpaid after the stated date; or

(b)for an individual—if the licensee becomes bankrupt or personally insolvent; or

(c)for a corporation—if the licensee—

(i)becomes the subject of a winding-up order; or

(ii)has a controller or administrator appointed for the licensee.

(2)The registrar may revoke a suspension of a licence under subsection (1) (c) (ii) if satisfied it is in the best interests of consumers to do so.

Division 4.2               Regulatory action

32Definitions—div 4.2

In this division:

ground for regulatory action—see section 33.

licensee includes a former licensee.

proposed regulatory action—see section 34 (1).

regulatory action, against a licensee, means any of the following:

(a)reprimanding the licensee;

(b)directing the licensee to undergo an assessment of the licensee’s—

(i)required qualifications, experience and competencies; or

(ii)operational and financial capacity to undertake residential development activities including by providing an additional rating report;

(c)directing the licensee to undertake stated training;

(d)imposing, or amending, a condition of their licence;

(e)suspending their licence for either a fixed period or until a particular event happens;

(f)cancelling their licence.

show cause notice—see section 34 (2).

33Grounds for regulatory action

Each of the following is a ground for regulatory action against a licensee:

(a)the licensee has knowingly or recklessly used false or misleading information to become a licensee;

(b)the licensee has failed to comply with a condition of their licence;

(c)the licensee has knowingly or recklessly given someone information about residential development activities undertaken, or to be undertaken, by the licensee that was false or misleading in a material particular;

(d)the licensee has stopped being eligible to be licensed;

(e)the licensee has had their licence immediately suspended or cancelled under section 38;

(f)the licensee has been convicted or found guilty of an offence—

(i)that is an indictable offence under a law of the ACT or the Commonwealth; or

(ii)for an offence committed outside the ACT—that would be an indictable offence against a law of the ACT if committed in the ACT;

(g)the licensee has contravened this Act (including an approved code of practice) or a relevant law;

(h)regulatory action (however described) under a relevant law has been taken against the licensee in another jurisdiction;

(i)the licensee has failed to comply with a requirement of any regulatory action taken against the licensee under this part;

(j)any other ground prescribed by regulation.

34Notice of proposed regulatory action

(1)The registrar may propose to take regulatory action (the proposed regulatory action) against a licensee if satisfied a ground for regulatory action exists in relation to the licensee.

(2)If the registrar proposes to take regulatory action against a licensee, the registrar must give the licensee a written notice (a show cause notice) that states—

(a)the grounds on which the registrar considers regulatory action may be taken against the licensee; and

(b)details of the proposed regulatory action; and

(c)that the licensee may give the registrar a written submission about the proposed regulatory action not later than 28 days after the day the licensee is given the notice.

35Taking regulatory action

(1)The registrar may take the proposed regulatory action against a licensee if the registrar—

(a)has given the licensee a show cause notice in accordance with section 34; and

(b)has considered any submission given in accordance with section 34 (2) (c); and

(c)is satisfied it is appropriate to take the proposed regulatory action against the licensee.

(2)If the registrar decides to take the proposed regulatory action, the registrar must give the licensee a written notice (a regulatory action notice) that states—

(a)that the proposed regulatory action will be taken; and

(b)the day on which the regulatory action will take effect.

(3)Regulatory action takes effect—

(a)if the regulatory action is suspension or cancellation of the licensee’s licence—

(i)14 days after the day the regulatory action notice is given to the licensee; or

(ii)if a later date is stated in the notice—that date; or

(b)in any other case—on the day stated in the regulatory action notice.

36Not taking regulatory action

(1)This section applies if the registrar—

(a)has given a licensee a show cause notice in accordance with section 34; and

(b)has considered any submission given in accordance with section 34 (2) (c); and

(c)is satisfied regulatory action against the licensee—

(i)may not be taken; or

(ii)may be taken, but in all the circumstances, it is not appropriate to take the action.

(2)The registrar must give the licensee a written notice that tells the licensee that regulatory action will not be taken against the licensee in relation to the matters stated in the show cause notice.

37Effect of suspension

If a person’s licence is suspended under this part, the person is taken not to be a licensee during the period of suspension.

Division 4.3               Immediate suspension or cancellation of licence

38Immediate suspension or cancellation

(1)This section applies if the registrar is satisfied—

(a)a ground for regulatory action exists in relation to a licensee, other than a failure to comply with a requirement of any regulatory action taken under division 4.2; and

(b)it is in the public interest to immediately suspend or cancel a licence.

(2)The registrar may—

(a)immediately suspend the licence for a stated period or until a stated event happens; or

(b)immediately cancel the licence.

(3)If the registrar immediately suspends or cancels a licence under subsection (2), the registrar must give the licensee written notice (an immediate action notice) that includes the following information:

(a)a statement that the suspension or cancellation takes effect as soon as the notice is given to the licensee;

(b)if the licence is suspended—when the suspension ends;

(c)the reason for the suspension or cancellation;

(d)that the licensee may make an application to the registrar under section 40 (Revoking immediate suspension or cancellation).

(4)However, the registrar may give a licensee an immediate action notice orally if the registrar believes there is an immediate risk to the safety of a person.

(5)If the registrar gives the immediate action notice orally, the registrar must also give the licensee a written notice that includes the information mentioned in subsection (3) as soon as practicable, but not later than 7 days after the day the notice was given orally.

(6)Suspension or cancellation under this section takes effect when—

(a)for an immediate action notice given orally and in writing—the oral notice is given to the licensee; or

(b)for an immediate action notice given only in writing—the written notice is given to the licensee.

(7)A suspension under this section ends on the earliest of the following:

(a)if the registrar suspends the licence—

(i)for a stated period—when the period ends; or

(ii)until a stated event happens—when the event happens;

(b)if other regulatory action—

(i)is taken against the licensee—when the other regulatory action takes effect; or

(ii)is not taken against the licensee—on the earliest of the following:

(A)when the registrar gives the licensee a written notice under section 36 (2);

(B)90 days after the immediate suspension notice is given to the licensee;

(C)if the registrar revokes the suspension or cancellation under section 40—the day stated in the written notice given to the person under section 40 (4).

39Effect of immediate suspension

If a person’s licence is immediately suspended under section 38, the person is taken not to be a licensee during the period of suspension.

40Revoking immediate suspension or cancellation

(1)The registrar may revoke an immediate suspension or cancellation—

(a)on written application by the person whose licence is suspended or cancelled; or

(b)on the registrar’s own initiative.

(2)An application by a person under subsection (1) (a) must be made not later than 14 days after the day the person is given the immediate action notice under section 38.

(3)The registrar may revoke the immediate suspension or cancellation under subsection (1) if—

(a)for an application made under subsection (1) (a)—

(i)the application was made in accordance with subsection (2); and

(ii)the registrar has considered any reasons given by the person requesting the revocation; and

(b)the registrar has considered any matter prescribed by regulation.

(4)If the registrar revokes the immediate suspension or cancellation, the registrar must give the person a written notice that states—

(a)that the suspension or cancellation has been revoked; and

(b)the day on which the revocation takes effect.

Division 4.4               Other regulatory action

41Voluntary cancellation of licence

The registrar must cancel a licence if—

(a)the licensee asks, in writing, for the cancellation; and

(b)the registrar is satisfied it is appropriate to cancel the licence.

42Application to disqualify person from applying for licence

(1)This section applies if the registrar suspends or cancels a licence under division 4.2 (Regulatory action).

(2)On application by the registrar, the ACAT may make the following orders:

(a)if the registrar has suspended the person’s licence—

(i)an order cancelling the licence; and

(ii)an order disqualifying the person from applying for a licence—

(A)for a stated period of not more than 5 years; or

(B)until a stated event happens;

(b)if the registrar has cancelled the person’s licence—an order disqualifying the person from applying for a licence—

(i)for a stated period of not more than 5 years; or

(ii)until a stated event happens;

(c)an order requiring the person to pay the Territory a stated amount of not more than $200 000;

(d)any other order the ACAT considers appropriate.

(3)Before making an order under subsection (2), the ACAT must consider any matter prescribed by regulation.

(4)If the ACAT makes an order under subsection (2) (c), the amount may be recovered as a debt payable to the Territory.

NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

Division 4.5               Miscellaneous

43Registrar may consult people before exercising functions

(1)In exercising a function under this part, the registrar may consult any person the registrar considers appropriate.

(2)For subsection (1), the registrar is authorised to disclose information that relates to the exercise of the function.

Part 5Rectification orders, stop work orders and undertakings

Division 5.1               Preliminary

44Applicationpt 5—

(1)This part applies to residential building work for which a development approval is given on or after the day this section commences.

(2)In this section:

development approval—see the Planning Act 2023, dictionary.

45Definitions—pt 5

In this part:

authorised contractor—see section 55 (2).

compliance action—see section 64 (1).

compliance cost notice—see section 64 (2).

compliance undertaking—see section 62 (1).

director, of a property developer that is a corporation—see the Corporations Act, section 9.

property developer—see section 46.

proposed rectification order notice—see section 48 (2).

rectification order—see section 49 (2).

rectify, a serious defect, includes eliminate, minimise or remediate the defect.

required rectification work, in relation to a rectification order—see section 49 (2) (a).

stop work order—see section 60 (2).

46Meaning of property developer—pt 5

(1)In this part:

property developer, in relation to residential building work, means any of the following:

(a)a person who contracts or arranges for, or facilitates or otherwise causes (whether directly or indirectly) the building work to be undertaken;

(b)the owner of the land on which the building work is undertaken when the building work is undertaken;

(c)the principal builder of the building work;

(d)for a regulated residential building under a units plan—the developer, as defined in the Unit Titles Act 2001, dictionary, in relation to the units plan;

(e)a person prescribed by regulation.

(2)A regulation may exclude a person from the definition of property developer.

(3)In this section:

building commencement notice, in relation to residential building work, means a notice issued under the Building Act 2004, section 37 for the building work.

principal builder, in relation to residential building work, means the person stated to be the builder in the building commencement notice for the building work.

units plan—see the Unit Titles Act 2001, dictionary.

47Meaning of serious defect

(1)In this Act:

serious defect, in relation to a building, means—

(a)a defect in a building element that is attributable to a failure to comply with a performance requirement of the building code, the relevant Australian Standards or the relevant approved plans for the building work; or

(b)a defect in a building product or building element that—

(i)is attributable to defective design, defective work or defective materials; and

(ii)causes or is likely to cause—

(A)the inability to live in or use any part of the building for its intended purpose; or

(B)the destruction of any part of the building; or

(C)a threat of collapse of any part of the building; or

(c)a thing prescribed by regulation.

(2)In this section:

above grade wall, in relation to a building, means a wall above the level of the ground surrounding the building.

approved plans—see the Building Act 2004, dictionary.

below grade wall, in relation to a building, means a wall below the level of the ground surrounding the building.

building element, in relation to a building—

(a)means any of the following:

(i)the fire safety systems for the building within the meaning of the building code;

(ii)waterproofing of the building;

(iii)an internal or external load-bearing component of the building that is essential to the stability of the building, or a part of it, including in-ground and other foundations and footings, floors, walls, roofs, columns and beams;

(iv)a component of the building that is part of the building enclosure;

(v)those aspects of the mechanical, plumbing and electrical services for the building that are required to achieve compliance with the building code;

(vi)a thing prescribed by regulation; but

(b)does not include a thing excluded by regulation.

building enclosure, in relation to a building, means the part of the building that physically separates the interior environment of the building from the exterior environment, including roof systems, above grade and below grade walls (including windows and doors).

building product means any product, material or other thing that is, or could be, used in a building.

Division 5.2               Rectification orders

48Notice of proposed rectification order

(1)This section applies if the registrar believes on reasonable grounds that—

(a)residential building work was or is being undertaken by, or under an arrangement with, a property developer in a way that could result in a serious defect in the building; or

(b)a regulated residential building constructed by, or under an arrangement with, a property developer has a serious defect.

(2)The registrar may give the property developer a written notice (a proposed rectification order notice) that—

(a)gives details of the proposed rectification order; and

(b)explains why the registrar proposes to make the order; and

(c)states that the property developer may give the registrar a written submission about the proposed rectification order not later than 28 days after the day the developer is given the notice.

49Making rectification orders

(1)This section applies if the registrar—

(a)has given a property developer a proposed rectification order notice in relation to residential building work; and

(b)has considered any submission given in accordance with section 48 (2) (c); and

(c)is satisfied it is appropriate to make an order under this section.

(2)The registrar may make an order (a rectification order) against a property developer requiring any of the following:

(a)stated action (the required rectification work) to be taken to rectify the serious defect, or possible serious defect, within a stated period not less than 1 month after the day the rectification order is given;

(b)stated information to be given to the registrar about the required rectification work;

(c)any other thing reasonably necessary to ensure the required rectification work is done.

(3)A rectification order—

(a)may, but need not, state how required rectification work is to be done; and

(b)must state that it is an offence under section 54 to fail to comply with the order.

(4)The registrar may only make a rectification order before the latest of the following:

(a)if the registrar first became aware of the serious defect, or possible serious defect, within 6 months before the end of the 10‑year period—1 year after the registrar became aware of the serious defect, or possible serious defect;

(b)if the registrar gives a proposed rectification order notice before the end of the 10-year period—1 year after the notice is given;

(c)in any other case—the day the 10-year period ends.

(5)A copy of the rectification order must be given to—

(a)the owner of the land on which the residential building work is undertaken; or

(b)for a regulated residential building under a units plan—the unit owner and the owners corporation.

(6)In this section:

10‑year period means the period within which a building action may be brought in relation to the residential building work under the Building Act 2004, section 142 (1).

owners corporation—see the Unit Titles (Management) Act 2011, dictionary.

units plan—see the Unit Titles Act 2001, dictionary.

50Emergency rectification orders

(1)This section applies if the registrar is satisfied a serious defect, or possible serious defect, in relation to residential building work needs to be rectified urgently to protect the health or safety of people, property or the environment.

(2)The registrar may make a rectification order (an emergency rectification order) under section 49 without giving the property developer a proposed rectification order notice.

(3)An emergency rectification order must—

(a)state a period not less than 24 hours in which the required rectification work must be done; and

(b)contain a detailed written statement of the reasons for making the order, or a summary of reasons.

(4)If a summary of reasons is provided, the registrar must give the property developer a detailed written statement of the reasons within 7 days after the day the emergency rectification order is made.

51Rectification orders—more than 1 property developer

(1)This section applies if there is more than 1 property developer in relation to residential building work.

(2)A rectification order may be given to 2 or more property developers in relation to the residential building work to which the order relates, however, the order is not invalid merely because it was not given to another developer.

(3)If the rectification order is given to 2 or more property developers—

(a)the order applies jointly and severally to the developers given the order; and

(b)any of those developers may comply with the order without affecting the liability of the other developers or anyone else to pay for or contribute towards the cost of complying with the order; and

(c)the order is not affected by any existing or future claim a person may make against another person, or any existing or future proceeding in relation to a claim, in relation to the residential building work to which the order relates.

Example—par (c)

Owners of an apartment building have commenced proceedings against the builder for damages in relation to serious defects in the building. There are also proceedings on foot between the property developer and the builder in relation to the defects. The registrar may issue a rectification order against the builder and property developer regardless of those proceedings. The existing proceedings or any new civil proceedings do not stay the operation of the rectification order and the builder and property developer are jointly and severally liable to comply with the order.

(4)Subsection (3) does not apply to a property developer given a rectification order only because of section 49 (5) (a).

(5)Nothing in this part affects the right of a property developer to recover from any other developer or other person all or any of the costs incurred by the developer in complying with a rectification order.

52Registrar may give rectification order to directors if property developer wound up etc

(1)This section applies if—

(a)the registrar—

(i)believes on reasonable grounds that making a rectification order against a property developer is appropriate; or

(ii)makes a rectification order against a property developer; and

(b)the property developer is a corporation; and

(c)before, or after, the registrar makes the order—

(i)the property developer becomes the subject of a winding‑up order; or

(ii)the developer is placed into administration, receivership or liquidation; or

(iii)the developer is deregistered.

(2)If the registrar is satisfied it is appropriate to do so, the registrar may, in relation to each person who was a director of the property developer at or after the time the residential building work resulting in the serious defect, or possible serious defect, was undertaken or stopped being undertaken—

(a)if a rectification order has not been given to the property developer—give each person a proposed rectification order notice in accordance with section 48 as if they were the property developer; and

(b)make a rectification order in accordance with section 49 against each person as if they were the property developer.

(3)In considering whether it is appropriate to take action under subsection (2), the registrar must consider—

(a)if a latent defects insurance policy or other similar insurance policy covers the work required to rectify the serious defect, or possible serious defect; and

(b)any other matter prescribed by regulation.

(4)This section does not apply to—

(a)a person who was a director of a territory entity or a Commonwealth or State entity; or

(b)a person excluded by regulation.

(5)In this section:

Commonwealth or State entity means an agency of the Commonwealth or a State that substantially corresponds to a territory entity.

NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

53Occupier of land may be required to permit rectification work

(1)If a rectification order is made against a person, the registrar may, in writing, order the occupier of the land to permit reasonable access to the land within a stated period (an access order) to allow the rectification order to be complied with.

(2)A person commits an offence if the person fails to comply with an access order.

Maximum penalty:  50 penalty units.

54Offence—failing to comply with rectification order

(1)A person commits an offence if the person—

(a)is given a rectification order; and

(b)fails to comply with the order; and

(c)intended to not comply with the order.

Maximum penalty:  2 000 penalty units.

(2)A person commits an offence if the person—

(a)is given a rectification order; and

(b)fails to comply with the order; and

(c)is reckless about complying with the order.

Maximum penalty:  1 000 penalty units.

(3)A person commits an offence if the person—

(a)is given a rectification order; and

(b)fails to comply with the order.

Maximum penalty:  50 penalty units.

(4)An offence against subsection (3) is a strict liability offence.

Division 5.3               Rectification work arranged by Territory

55Rectification by Territory—failure to comply with rectification order

(1)This section applies if a person (the ordered party) against whom a rectification order is made contravenes the rectification order.

(2)The Territory may, in writing, authorise a person (an authorised contractor) to enter the land where the work to which the rectification order relates is to be done and—

(a)take the action stated in the rectification order; or

(b)start or finish the work stated in the rectification order.

(3)The authorised contractor must—

(a)give the occupier of the land written notice that they intend to enter the land at least 24 hours before entering the land; and

(b)give a copy of the notice to the ordered party before entering the land.

(4)The ordered party is liable for the reasonable cost incurred in doing anything under subsection (2) and the cost is taken to be a debt owing to the Territory.

56Offence—hindering or obstructing authorised contractor

(1)An person commits an offence if—

(a)the Territory authorises a person to do something under section 55 (the rectification work); and

(b)the person knows the authorised contractor is authorised to do the rectification work; and

(c)the person hinders or obstructs the authorised contractor in doing the rectification work.

Maximum penalty:  50 penalty units.

(2)Strict liability applies to subsection (1) (c).

57Damage etc by authorised contractor to be minimised

(1)In doing something, or purporting to do something, authorised under section 55, the authorised contractor must take reasonable steps to ensure that they, and anyone assisting them, cause as little inconvenience, detriment and damage as is practicable.

(2)If the authorised contractor, or a person assisting them, damages anything in doing something, or purporting to do something, authorised under section 55, the authorised contractor must give written notice of the details of the damage to the person the authorised contractor believes on reasonable grounds is the owner of the thing.

(3)If the damage occurs at premises entered under this part in the absence of the occupier, the notice may be given by securing it in a conspicuous place at the premises.

58Compensation

(1)A person may claim reasonable compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised contractor or person assisting an authorised contractor.

(2)Compensation may be claimed and ordered in a proceeding for—

(a)compensation brought in a court of competent jurisdiction; or

(b)an offence against this Act brought against the person making the claim for compensation.

(3)A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.

(4)A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

59Protection of authorised contractor from liability

(1)A person authorised under section 55 to do rectification work does not incur civil liability for any rectification work done honestly for this part.

(2)Civil liability that would, apart from this section, attach to the authorised contractor attaches instead to the Territory.

Division 5.4               Stop work orders

60Stop work orders

(1)This section applies if the registrar believes on reasonable grounds that—

(a)residential building work is being, or is likely to be, undertaken by, or under an arrangement with, a property developer in a way that could result in—

(i)significant harm or loss to the public or occupiers or potential occupiers of the regulated residential building; or

(ii)significant damage to property; or

(b)residential building work is being undertaken and a relevant provision requires a person to hold a licence in relation to the work and—

(i)no person holds a licence in relation to the work; or

(ii)if a person holds a licence in relation to the work—

(A)regulatory action under part 4 is, or is proposed to be, taken against the licensee or an associated entity of the licensee; or

(B)the licence prevents the building work being undertaken.

(2)The registrar may give the property developer a written order (a stop work order) requiring the property developer to ensure the residential building work stops.

(3)A stop work order—

(a)must—

(i)explain why the registrar is making the order; and

(ii)state the time residential building work must stop, which may be the time the order is given to the property developer; and

(iii)state it is an offence under section 61 not to comply with the order; and

(b)may include any condition the registrar considers appropriate.

(4)A stop work order ends on the earliest of the following:

(a)the registrar giving the property developer written notice revoking the order;

(b)any term stated in the order ending;

(c)the period, starting 12 months from the day the order is given to the developer, ending.

(5)A copy of the stop work order must be given to—

(a)the owner of the land on which the residential building work is being undertaken; and

(b)the certifier for the residential building work.

(6)In this section:

certifier—see the Building Act 2004, dictionary.

relevant provision means—

(a)the Planning Act 2023, section 162A; or

(b)the Building Act 2004, section 27 (1) (ca), section 28AA and section 69 (1) (c); or

(c)the Civil Law (Sale of Residential Property) Act 2003, division 2A.2.

61Offence—failing to comply with stop work order

(1)A person commits an offence if the person—

(a)is given a stop work order under section 60 (2); and

(b)fails to comply with the order; and

(c)intended to not comply with the order.

Maximum penalty:  2 000 penalty units.

(2)A person commits an offence if the person—

(a)is given a stop work order under section 60 (2); and

(b)fails to comply with the order; and

(c)is reckless about not complying with the order.

Maximum penalty:  1 000 penalty units.

(3)A person commits an offence if the person—

(a)is given a stop work order under section 60 (2); and

(b)fails to comply with the order.

Maximum penalty:  50 penalty units.

(4)An offence against subsection (3) is a strict liability offence.

Division 5.5               Compliance undertakings

62Registrar may accept undertakings

(1)The registrar may accept a written undertaking (a compliance undertaking) given by the following in relation to residential building work:

(a)a property developer;

(b)a director of a property developer that is a corporation if the developer—

(i)becomes the subject of a winding‑up order; or

(ii)is placed into administration, receivership or liquidation; or

(iii)is deregistered.

(2)A compliance undertaking may include an undertaking by the property developer or director to do 1 or both of the following:

(a)take stated action in relation to—

(i)a serious defect, or possible serious defect in the building; or

(ii)a contravention of this Act or a relevant law;

(b)provide the registrar with a financial security that may be claimed or realised by the Territory to meet—

(i)the costs of rectifying a serious defect, or possible serious defect in the building; or

(ii)the costs mentioned in section 64 (2) (Compliance cost notices).

(3)A compliance undertaking must state—

(a)the circumstances in which the financial security may be claimed or realised; and

(b)the procedure for claiming or realising the financial security; and

(c)that it is an offence under section 63 to fail to comply with an undertaking.

(4)In this section:

financial security means a bank guarantee, bond or other form of security acceptable to the registrar.

63Offence—failing to comply with compliance undertaking

(1)A person commits an offence if the person—

(a)gives a compliance undertaking; and

(b)fails to comply with the undertaking; and

(c)intended to not comply with the undertaking.

Maximum penalty:  2 000 penalty units.

(2)A person commits an offence if the person—

(a)gives a compliance undertaking; and

(b)fails to comply with the undertaking; and

(c)is reckless about not complying with the undertaking.

Maximum penalty:  1 000 penalty units.

(3)A person commits an offence if the person—

(a)gives a compliance undertaking; and

(b)fails to comply with the undertaking.

Maximum penalty:  50 penalty units.

(4)An offence against subsection (3) is a strict liability offence.

Division 5.6               Miscellaneous

64Compliance cost notices

(1)This section applies if the registrar does either of the following (a compliance action):

(a)gives a person a rectification order or stop work order;

(b)accepts a compliance undertaking from a person.

(2)The registrar may give the person a written notice (a compliance cost notice) requiring the person to pay all or any reasonable costs incurred by the Territory (including remuneration and other administrative costs) relating to—

(a)monitoring and ensuring that any required rectification work the subject of a compliance action is done; and

(b)investigations leading to the taking of a compliance action; and

(c)preparation of a compliance action including legal costs; and

(d)any other matter related to the compliance action.

(3)An amount payable under a compliance cost notice is a debt owing to the Territory.

(4)A regulation may provide for the following:

(a)how compliance cost notices are given;

(b)the form of a notice;

(a)the building contract also contains a warranty by the property developer in relation to the matters mentioned in subsection (2) (a) to (d); and

(b)the warranty under paragraph (a) is in addition to and does not limit the warranty by the builder under subsection (2); and

(c)the warranty by the builder under subsection (2) does not limit the warranty by the property developer under paragraph (a).

[2.14]New section 88 (4A) and (4B)

insert

(4A)Subsection (2A) does not apply to a building contract entered into before the commencement of this subsection.

(4B)Subsection (4A) and this subsection expire 5 years after the day they commence.

NoteSubsection (4A) continues to have effect after its expiry (see Legislation Act, s 88).

[2.15]Section 89 heading

substitute

89Builder’s and property developer’s liability

[2.16]Section 89

after

a builder

insert

or a property developer

[2.17]New division 6.2B

insert

Division 6.2B            Defective building work

89FAffected party may require builder or property developer to rectify defect after completion

(1)This section applies to residential building work carried out by a builder, or arranged to be carried out by a property developer, that is—

(a)claimed to be defective; and

(b)able to be rectified.

(2)An affected party may give written notice to the builder and any property developer, within 2 years after the completion day for the residential building work requiring the defective work to be rectified.

(3)If a notice is given in accordance with subsection (2), in any proceeding in which the affected party claims that the residential building work is defective it is presumed that it is defective and able to be rectified unless the contrary is proven.

(4)Nothing in this section affects the right of an affected party to claim from the builder, and any property developer, damages for any loss or damage to the affected party resulting from the defect that is reasonably foreseeable as a result of the defect (including a limitation period applying to the claim).

(5)Nothing in this section affects a warranty under section 88.

(6)This section does not apply to residential building work carried out—

(a)before the commencement of this section; or

(b)under a contract entered into before the commencement of this section.

(7)Subsection (6) and this subsection expire 5 years after the day this section commences.

NoteSubsection (6) continues to have effect after its expiry (see Legislation Act, s 88).

(8)In this section:

affected party, in relation to residential building work—

(a)means—

(i)the owner of the building or the land on which the building work was carried out, whether or not that person was a party to the contract for the building work or the contract for sale of the building; or

(ii)a person prescribed by regulation; but

(b)does not include a person excluded by regulation.

residential building work—see the Property Developers Act 2024, dictionary.

[2.18]New division 6.3A

insert

Division 6.3A            Latent defects insurance

95ARequirements for latent defects insurance

(1)A regulation may provide for the following matters:

(a)when latent defects insurance is required for residential building work;

(b)requirements for latent defects insurance policies;

(c)requirements for insurers issuing latent defects insurance;

(d)any other matter relevant to paragraph (a), (b) or (c).

(2)In this section:

residential building work—see the Property Developers Act 2024, dictionary.

[2.19]Dictionary, note 2

insert

·     territory authority

·     territory instrumentality

·     territory-owned corporation

[2.20]Dictionary, definition of actuary etc

omit

(Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

substitute

(Residential building work—warranties, conditions, insurance etc)

in the dictionary definitions of

·     actuary

·     approval criteria

·     approved scheme

·     builder

·     building

·     building work

·     completion day

·     complying residential building work insurance

·     cost

·     fidelity certificate

·     fidelity fund scheme

·     insurable residential building

·     insurable residential building work

[2.21]Dictionary, new definitions

insert

Commonwealth or State entity, for part 6 (Residential building work—warranties, conditions, insurance etc)—see section 84.

property developer, for part 6 (Residential building work—warranties, conditions, insurance etc)—see section 84.

territory entity, for part 6 (Residential building work—warranties, conditions, insurance etc)—see section 84.

[2.22]Dictionary, definition of prudential standards etc

omit

(Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

substitute

(Residential building work—warranties, conditions, insurance etc)

in the dictionary definitions of

·     prudential standards

·     residential building

·     residential building work

·     special actuary

·     storey

U Part 2.2 Building (General) Regulation 2008

[2.23]New section 30A (c) (via)

insert

(via)if a person is required to hold a property developer licence because of the Act, section 27 (1) (ca) in relation to the building work—

(A)the name and licence number of the licensee; and

(B)a contact telephone number for the property developer licensee; and

(C)for a corporation—the property developer licensee ACN or ABN;

[2.24]Part 4 heading

substitute

Part 4Residential building work—warranties, conditions, insurance etc

[2.25]Section 37

omit

(Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

substitute

(Residential building work—warranties, conditions, insurance etc)

[2.26]New section 37A

insert

37APeople who are not property developers—Act, s 84, def property developer, par (b) (iii)

(1)The following people are excluded:

(a)a professional who contracts or arranges for, or facilitates or otherwise causes the residential building work to be carried out only because they provide professional advice in relation to the building work;

(b)a subcontractor engaged to carry out the residential building work by the principal builder of the building work;

(c)the owner‑builder of the residential building work.

(2)In this section:

professional—

(a)means a person who provides professional advice to more than 1 client; but

(b)does not include a person who provides professional advice to a client in their capacity as an employee of the client.

Example

a consultant, employed in that capacity by a firm of consultants engaged by a property developer to give the developer advice in relation to residential building work

[2.27]Schedule 1, part 1.3, table, column 3

omit

(Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)

substitute

(Residential building work—warranties, conditions, insurance etc)

U Part 2.3 Civil Law (Property) Act 2006

[2.28]Section 260 (1), new note

insert

NoteThe Civil Law (Sale of Residential Property) Act 2003, div 2A.3 requires additional matters to be disclosed before an off-the-plan contract in relation to the construction of a residence may be entered into.

U Part 2.4 Civil Law (Sale of Residential Property) Act 2003

[2.29]New section 9 (1) (ja)

insert

(ja)for an off-the-plan contract—a statement about the matters mentioned in section 19AD (1) (but not including paragraph (b));

NoteIf the off-the-plan contract relates to a unit, a disclosure statement mentioned in par (g) (ii) must also be included in the proposed contract.

[2.30]Section 9 (4), new definition of off-the-plan contract

insert

off-the plan contract—see section 19AA (1).

[2.31]New divisions 2A.1 to 2A.3

before section 19A, insert

Division 2A.1            Preliminary

19AADefinitions—pt 2A

(1)In this part:

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

Commonwealth or State entity means an agency of the Commonwealth, a State or the Northern Territory that substantially corresponds to a territory entity.

off-the-plan contract—

(a)means a contract for the sale of—

(i)a unit for residential use before the units plan for the unit is registered; or

(ii)a residence (other than a unit) on land identified in the contract before the certificate of occupancy for the residence is issued; and

(b)for division 2A.4—includes a contract for the sale of vacant land for residential use identified in the contract before the Crown lease for the land is registered.

property developer licence means a licence issued under the Property Developers Act 2024, part 2.

regulated residential building—see the Property Developers Act 2024, dictionary.

related entity, of a seller, means—

(a)if the seller is a corporation—a corporation that holds all of the issued share capital of the seller; or

(b)an entity prescribed by regulation.

territory entity means—

(a)a territory authority; or

(b)a territory instrumentality; or

(c)a territory-owned corporation.

(2)In this section:

registered means registered with the registrar-general under the—

(a)Land Titles Act 1925; or

(b)Land Titles (Unit Titles) Act 1970.

Division 2A.2            Off-the-plan contracts—licence requirements

19ABOff-the-plan contracts—seller must be licensed

(1)A seller commits an offence if—

(a)2 parties enter into an off-the-plan contract for the sale of a regulated residential building; and

(b)either of the following applies:

(i)neither the seller, nor any related entity of the seller, holds a property developer licence;

(ii)the seller or a related entity holds a property developer licence that restricts the seller or related entity from entering into the off-the-plan contract.

Maximum penalty:  100 penalty units.

(2)This section does not apply to—

(a)the Territory, the Commonwealth or a State; or

NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

(b)a territory entity or a Commonwealth or State entity; or

(c)a person excluded by regulation.

NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

19ACOff-the-plan contracts—advertising

(1)A person commits an offence if—

(a)the person publishes an advertisement for the sale of a regulated residential building under an off-the-plan contract; and

(b)the advertisement does not contain the property developer licence number of the proposed seller or a related entity of the proposed seller.

Maximum penalty:  5 penalty units.

(2)Subsection (1) does not apply to—

(a)the Territory, the Commonwealth or a State; or

(b)a territory entity or a Commonwealth or State entity; or

(c)a person excluded by regulation.

(3)A person commits an offence if—

(a)the person publishes an advertisement for the sale of a regulated residential building under an off-the-plan contract; and

(b)the advertisement includes a statement about the property developer licence number of the proposed seller or a related entity of the proposed seller; and

(c)the statement is false or misleading in a material particular.

Maximum penalty:  5 penalty units.

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

Division 2A.3            Off-the-plan contracts—disclosure requirements

19ADDisclosure statements

(1)Before a buyer and seller enter into an off-the-plan contract, the seller must give the buyer a statement (a disclosure statement) including the following matters:

(a)if section 19AB requires the seller, or a related entity of the seller, to hold a property developer licence—

(i)the licence number;

(ii)a statement that the register under the Property Developers Act 2024, section 25 contains information about property developers licensed under that Act;

(b)the fixtures, fittings and finishes that are included in each residence;

(c)any other matter prescribed by regulation.

(2)This division does not limit the operation of the Civil Law (Property) Act 2006, part 2.9 (Unit titles).

NoteThe Civil Law (Property) Act 2006, pt 2.9 requires additional matters to be disclosed before an off-the-plan contract for the sale of a unit may be entered into.

19AEDisclosure statement provided late or not at all

(1)This section applies if—

(a)2 parties enter into an off-the-plan contract; and

(b)the seller did not give the buyer a disclosure statement as required under section 19AD before the parties entered into the contract.

(2)The buyer may, by written notice to the seller, rescind the contract—

(a)if the seller has not given the buyer the disclosure statement—at any time before the contract is completed; or

(b)if the seller gives the buyer the disclosure statement after the contract is signed—within 21 days after the day the disclosure statement is given to the buyer.

[2.32]Section 19A heading

substitute

Division 2A.4            Off-the-plan contracts—rescission provisions

19ADefinitions—div 2A.4

[2.33]Section 19A (1)

omit

part

substitute

division

[2.34]Section 19A (1), definition of off-the-plan contract

omit

[2.35]Section 19A (2), definitions of certificate of occupancy and registered

omit

[2.36]Section 50

substitute

50Existing off-the-plan contracts

(1)Division 2A.4 applies to an off-the-plan contract in force immediately before the day the Civil Law (Sale of Residential Property) Amendment Act 2021 commenced.

(2)In this section:

off-the-plan contract—see section 19AA (1).

[2.37]Dictionary, note 2

insert

·     territory authority

·     territory instrumentality

·     territory-owned corporation

[2.38]Dictionary, new definitions

insert

certificate of occupancy, for part 2A (Off-the-plan contracts)—see the Building Act 2004, dictionary.

Commonwealth or State entity, for part 2.A (Off-the-plan contracts)—see section 19AA.

[2.39]Dictionary, definition of delay event

substitute

delay event, in relation to an off-the-plan contract, for division 2A.4 (Off-the-plan contracts—rescission provisions)—see section 19A (1).

[2.40]Dictionary, definition of off-the-plan contract

substitute

off‑the‑plan contract, for part 2.A (Off-the-plan contracts)—see section 19AA (1).

[2.41]Dictionary, new definitions

insert

property developer licence, for part 2.A (Off-the-plan contracts)—see section 19AA (1).

regulated residential building, for part 2.A (Off-the-plan contracts)—see the Property Developers Act 2024, dictionary.

related entity, of a seller, for part 2.A (Off-the-plan contracts)—see section 19AA (1).

[2.42]Dictionary, definition of rescission provision

substitute

rescission provision, for division 2A.4 (Off-the-plan contracts—rescission provisions)—see section 19A (1).

[2.43]Dictionary, definitions of sunset date and sunset event

substitute

sunset date, for division 2A.4 (Off-the-plan contracts—rescission provisions)—see section 19A (1).

sunset event, for division 2A.4 (Off-the-plan contracts—rescission provisions)—see section 19A (1).

[2.44]Dictionary, new definition of territory entity

insert

territory entity, for part 2.A (Off-the-plan contracts)—see section 19AA (1).

U Part 2.5 Planning Act 2023

[2.45]New division 7.3.3

insert

Division 7.3.3           Development applications for certain residential building developments

162ADevelopment applications for certain residential building developments—property developer licence required

(1)This section applies to a development application in relation to a proposed residential building development.

(2)The territory planning authority must not accept a development application in relation to the proposed residential building development unless—

(a)the proponent for the development, or a related entity of the proponent, holds a property developer licence; and

(b)the relevant licensee is not restricted under their licence from undertaking the development.

(3)This section does not apply if the applicant is—

(a)the Territory, the Commonwealth or a State; or

NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

(b)a territory entity or a Commonwealth or State entity.

(4)A regulation may exclude a person or development application from the application of subsection (2).

(5)   In this section:

Commonwealth or State entity means an agency of the Commonwealth or a State that substantially corresponds to a territory entity.

NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

regulated residential building—see the Property Developers Act 2024, dictionary.

related entity, of a person, means—

(a)if the person is a corporation—a corporation that holds all of the issued share capital of the person; or

(b)an entity prescribed by regulation.

residential building development means—

(a)building or altering a regulated residential building on land; and

(b)another development prescribed by regulation.

162BTransitional—amendments of existing development applications for certain residential building developments—property developer licence required

(1)This section applies if a development approval is given in relation to a residential building development before section 162A commences.

(2)The territory planning authority must not accept an application for a significant amendment of the development approval in relation to the residential building development unless—

(a)the applicant for the amendment, or a related entity of the applicant, holds a property developer licence; and

(b)the relevant licensee is not restricted under their licence from undertaking the development.

(3)This section does not apply if the applicant is—

(a)the Territory, the Commonwealth or a State; or

(b)a territory entity or a Commonwealth or State entity.

(4)A regulation may exclude a person or application for a significant amendment from the application of subsection (2).

(5)In this section:

Commonwealth or State entity means an agency of the Commonwealth, a State or the Northern Territory that substantially corresponds to a territory entity.

related entity—see section 162A (5).

residential building development—see section 162A (5).

significant amendment, of a development approval in relation to a residential building development, means an amendment of the approval—

(a)to increase the gross floor area of the building by more than 10%; or

(b)to vary the lease; or

(c)prescribed by regulation.

(6)This section expires on the day the Property Developers Act 2024, part 12 (Transitional) expires.

NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

[2.46]New section 187 (1) (f)

insert

(f)if a person is required to hold a property developer licence because of division 7.3.3—must include a condition that—

(i)any residential building work undertaken in or on a place the subject of the approval may only be undertaken or arranged by a person who holds a property developer licence or who is a related entity of someone who holds a property developer licence; and

(ii)the relevant property developer licensee is not restricted under their licence from undertaking the residential building work.

[2.47]New section 187 (6)

insert

(6)In this section:

related entity, of someone who holds a property developer licence, means—

(a)if the person is a corporation—a wholly-owned subsidiary of the licence holder; or

(b)an entity prescribed by regulation.

residential building work—see the Property Developers Act 2024, dictionary.

[2.48]Dictionary, new definition of property developer licence

insert

property developer licence means a licence under the Property Developers Act 2024.

U Part 2.6 Property Developers Act 2024

[2.49]Section 23 (3), definition of off‑the‑plan contract

omit

section 19A (1)

substitute

section 19AA (1)

Dictionary

(see s 3)

NoteThe Legislation Act contains definitions relevant to this Act. For example:

·     ACAT

·     building code

·     corporation

·     Corporations Act

·     found guilty

·     individual

·     Minister (see s 162)

·     territory authority

·     territory instrumentality

·     territory-owned corporation

·     the Territory.

ACAT reviewable decision, for part 10 (Notification and review of decisions)—see section 112.

affected person, for part 10 (Notification and review of decisions)—see section 112.

aggrieved person, for part 8 (Complaints about licensees)—see section 96.

approved code of practice—see section 117 (1).

associated entity, of a corporation—see section 8 (1).

authorised contractor, for part 5 (Rectification orders, stop work orders and undertakings)—see section 55 (2).

authorised person, for part 6 (Enforcement)—see section 66.

building work—see the Building Act 2004, section 6.

class, for a building, means the class of building under the building code.

competency requirement—see section 118 (1).

complainant, for part 8 (Complaints about licensees)—see section 99 (1) (b).

compliance action, for part 5 (Rectification orders, stop work orders and undertakings)—see section 64 (1).

compliance cost notice, for part 5 (Rectification orders, stop work orders and undertakings)—see section 64 (2).

compliance undertaking, for part 5 (Rectification orders, stop work orders and undertakings)—see section 62 (1).

connected, for part 6 (Enforcement)—see section 66.

decision‑maker, for part 10 (Notification and review of decisions)—see section 112.

director, of a property developer that is a corporation, for part 5 (Rectification orders, stop work orders and undertakings)—see the Corporations Act, section 9.

ground for regulatory action, for division 4.2 (Regulatory action)—see section 33.

internally reviewable decision, for part 10 (Notification and review of decisions)—see section 112.

internal review notice, for part 10 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).

key person, for a corporation—see section 8 (1).

law of another jurisdiction, for division 9.1 (Sharing public safety information)—see section 108 (1).

licence means a licence under part 2.

licence application—see section 11 (1).

licensee—

(a)means a person who holds a licence; and

(b)for division 4.2 (Regulatory action)—see section 32.

non-territory agency, for division 9.1 (Sharing public safety information)—see section 108 (1).

occupier, of premises, for part 6 (Enforcement)—see section 66.

offence, for part 6 (Enforcement)—see section 66.

premises, for part 6 (Enforcement)—see section 66.

property developer, for part 5 (Rectification orders, stop work orders and undertakings)—see section 46.

proposed rectification order notice, for part 5 (Rectification orders, stop work orders and undertakings)—see section 48 (2).

proposed regulatory action, for division 4.2 (Regulatory action)—see section 34 (1).

public safety agency, for division 9.1 (Sharing public safety information)—see section 108 (1).

public safety information, for division 9.1 (Sharing public safety information)—see section 108 (1).

rating entity means an entity approved under section 27.

rating report, in relation to an applicant for a license or a licensee, for part 2 (Licensing of property developers)—see section 10.

reconsideration application, for part 10 (Notification and review of decisions)—see section 113 (1).

rectification order, for part 5 (Rectification orders, stop work orders and undertakings)—see section 49 (2).

rectify, a serious defect, for part 5 (Rectification orders, stop work orders and undertakings)—see section 45.

registrar means the construction occupations registrar.

regulated residential building—

(a)means a class 1 or class 2 building, or a building that contains a class 2 building, constructed as part of a project to construct 3 or more dwellings; but

(b)does not include a building excluded by regulation.

Examples

1     Eddy and Ann engage Darcy Constructions to demolish their house and replace it with 2 duplex‑style houses. Five years later they engage Darcy Constructions to construct a smaller house in the backyard. None of the houses are regulated residential buildings.

2     Poppy Projects buys a large infill site. They construct 20 detached class 1 houses on the site as part of a development project. The houses are sold off‑the‑plan and constructed over 2 years. Each house is a regulated residential building.

3     Vivienne Developments buys 6 small adjoining blocks in a greenfield suburb. They engage an architect, builder and other professionals to construct matching class 1 row houses on the blocks. The houses are regulated residential buildings.

regulatory action, for division 4.2 (Regulatory action)—see section 32.

relevant law means the following:

(a)the Building Act 2004;

(b)the Building and Construction Industry (Security of Payment) Act 2009;

(c)the Civil Law (Sale of Residential Property) Act 2003;

(d)the Construction Occupations (Licensing) Act 2004;

(e)the Corporations Act;

(f)the Fair Work Act 2009 (Cwlth);

(g)the Planning Act 2023;

(h)the Unit Titles (Management) Act 2011;

(i)the Work Health and Safety Act 2011;

(j)any other law prescribed by regulation.

remote application, for division 6.5 (Warrants)—see section 77 (3).

renewal application—see section 13 (1).

required rectification work, in relation to a rectification order, for part 5 (Rectification orders, stop work orders and undertakings)—see section 49 (2) (a).

residential building work—

(a)means building work in relation to a regulated residential building; but

(b)does not include building work excluded by regulation.

Examples

1     Anthony and Lisa engage Fowler Build to demolish their house and replace it with a building containing 4 apartments and a shared basement. The project involves residential building work.

2     Cooney-Cross Constructions is engaged to alter an existing class 2 building by adding 2 more dwellings. The project does not involve residential building work.

residential development activities includes—

(a)undertaking residential building work, or arranging for residential building work to be undertaken; and

(b)marketing and selling regulated residential buildings including off the plan.

respondent, for part 8 (Complaints about licensees)—see section 99 (1) (d).

serious defect, in relation to a building—see section 47.

show cause notice, for division 4.2 (Regulatory action)—see section 34 (2).

stop work order, for part 5 (Rectification orders, stop work orders and undertakings)—see section 60 (2).

suitable person—see section 9.

territory entity means—

(a)a territory authority; or

(b)a territory instrumentality; or

(c)a territory-owned corporation.

warrant, for part 6 (Enforcement)—see section 66.

warrant form, for division 6.5 (Warrants)—see section 80 (2).

warrant terms, for division 6.5 (Warrants)—see section 79 (2).

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

3               Legislation history

Property Developers Act 2024 A2024-36

notified LR 10 July 2024
s 1, s 2 commenced 10 July 2024 (LA s 75 (1))
ss 3-6, s 8, pt 5 (other than s 60 (1) (b) and (6), def relevant provision), pt 6, pts 9-12, sch 1, dict commenced 11 July 2024 (s 2 (1))
pt 3 commenced 14 March 2025 (s 2 (2), CN2025-1 and LA s 77 (3))
sch 2 awaiting commencement
remainder commenced 5 November 2025 (s 2 (2), CN2025-6 and LA s 77 (3))

as amended by

Building and Construction Legislation Amendment Act 2025 A2025‑5 pt 7

notified LR 31 March 2025
s 1, s 2 commenced 31 March 2025 (LA s 75 (1))
pt 7 commenced 1 April 2025 (s 2)

Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.70

notified LR 6 November 2025

s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.70 commenced 26 November 2025 (s 2 (3))

4               Amendment history

Meaning of property developer—pt 5

s 46am A2025‑29 amdt 3.234

Exercise of powers unaffected by approvals etc

s 65am A2025‑29 amdt 3.235

Applying, adopting or incorporating documents in regulations and instruments

s 120 hdgsub A2025‑29 amdt 3.236

s 120am A2025-5 s 36; A2025‑29 amdts 3.237-3.241; pars renum R5 LA

Review of Act

s 123exp 11 July 2031 (s 123 (2))

Transitional

pt 12 hdgexp 11 July 2031 (s 125)

Transitional regulations

s 124exp 11 July 2031 (s 125)

Expiry—pt 12

s 125exp 11 July 2031 (s 125)

5               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 11 July 2024	11 July 2024– 13 Mar 2025	not amended	new Act
R2 14 Mar 2025	14 Mar 2025– 31 Mar 2025	not amended	commenced provisions
R3 1 Apr 2025	1 Apr 2025– 4 Nov 2025	A2025‑5	amendments by A2025‑5
R4 5 Nov 2025	5 Nov 2025– 25 Nov 2025	A2025‑5	commenced provisions

6               Uncommenced provisions

Schedule 2 was uncommenced at the republication date but has been included in this republication with the symbol  U  immediately before the provision headings.