ARTICLE
31 May 2026

More Changes To Building Legislation Quietly Flagged

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Holding Redlich

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Holding Redlich, a national commercial law firm with offices in Melbourne, Canberra, Sydney, Brisbane, and Cairns, delivers tailored solutions with expert legal thinking and industry knowledge, prioritizing client partnerships.
New South Wales is quietly signaling more changes to building legislation in 2026, with the Statute Law (Miscellaneous Provisions) Bill 2026 proposing to defer the repeal of the Home Building Regulation 2014.
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Last week we published an article on the Building (Approvals and Practitioners) Bill 2026, to inform readers about the proposed regulatory changes affecting the industry. We look into this further in the coming weeks.

In a sign that there are more changes to be announced in 2026, the Statute Law (Miscellaneous Provisions) Bill 2026 has been released, which among other things, proposes to defer the repeal of the Home Building Regulation 2014.

There would otherwise be automatic repeal by the Subordinate Legislation Act 1989. The number of previous postponements under section 11 of that Act mean that an act of parliament is required for further postponement.

The reason given for the postponement is that “The Building Commission NSW intends to progress legislative amendments to certain building legislation in 2026, including the Home Building Regulation 2014. It is therefore considered premature to remake the regulation before any legislative changes are made.”

In other words, further changes afoot.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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