The Building (Approvals and Practitioners) Bill 2026 (NSW) received assent on 14 August 2026 and is now the Building (Approvals and Practitioners) Act 2026 (NSW). While much of the new regime will not commence until supporting regulations have been developed and the relevant provisions are proclaimed, the legislation represents a significant overhaul of building regulation in NSW.
The reforms are designed to consolidate several existing regulatory regimes and create a more streamlined building approvals system. Among the changes, the familiar construction certificate and occupation certificate framework will transition to “building approvals” and “completion approvals”. The legislation also formally provides for staged building approvals, allowing stages such as excavation and piling to proceed while later stages of a project are still being finalised.
Another major development is the introduction of a dedicated framework for prefabricated and modular construction. Manufacturers will be required to provide declarations addressing compliance with the Building Code of Australia and associated instructions before certain prefabricated buildings can be installed.
The legislation also consolidates practitioner registration requirements and preserves the statutory duty of care presently contained in the Design and Building Practitioners Act 2020 (NSW).
What should industry participants be doing?
Although much of the detail will depend on the forthcoming regulations, principals, contractors, consultants and certifiers should start reviewing existing contract templates and project procedures. Contracts referring to construction certificates, occupation certificates, certification responsibilities and approval processes may need to be updated once the new regime commences.
The key message is to prepare early. The terminology may be changing, but so too are the processes and responsibilities sitting behind it.