Residential Focus: Reinventing The Wheel – Building (Approvals And Practitioners) Bill 2026

Earlier this month, the Building (Approvals and Practitioners) Bill 2026was introduced to the NSW Parliament.

The Bill comprises a significant set of changes, focusing on the approval system and the role of certifiers, as well as introducing a new statutory framework for prefabricated buildings. It is intended to reduce red tape at the approval stage and to assist the NSW Government with meeting housing targets.

Significantly, the Bill proposes to repeal the Design and Building Practitioners Act 2020(DBP Act) and its regulation, which has been deeply unpopular. However, it does so without reprieve, as many of the key provisions in the Bill mirror and adopt the requirements from the DBP Act.

Parliament has expressly stated that the Bill is intended to update the existing legislative framework to match the DBP Act, rather than create an entirely new compliance framework.

The key features of the Bill include:

• creating a new approval system which acts to ‘reset’ years of ad-hoc amendments to the existing framework, clarifying the role and responsibility of certifiers in the construction project
• repealing the DBP Act and the Building and Development Certifiers Act 2018 and their associated regulations
• simplification of the registration framework for designers and certifiers of building work, adopting the same requirements as the (prospective former) DBP Act
• replacing the term ‘occupation certificate’ with ‘completion approval’ across all legislation, and distinguishing approval into ‘building approval’ to do the works and ‘completion approval’ to occupy or use the building
• formalising the role of an ‘approval authority’ for construction projects, who will act as a central coordinator for that model
• redefining the definition of ‘building work’ to only refer to physical activities associated with construction, delineating it from approval and design work
• significantly increasing penalties for certifiers who act with a conflict of interest or seek to unduly gain benefits from certifying work
• extending the duty of care in the (prospective former) DBP Act to certifiers
• removing the existing exemption for manufactured homes from the definition of ‘building’ under the Environmental Planning and Assessment Act 1979 which brings modular and prefabricated homes into the scope of the Home Building Act and (prospective former) DBP Act.

Over the coming weeks, we will be taking a deeper dive into key aspects of the Bill in a series of articles, so stay tuned.

Long-time readers will be aware that the Building Bill 2022 and its companions, the Building Compliance and Enforcement Bill 2022 and the Building Legislation Amendment Bill 2022 were originally intended to reform and consolidate building industry legislation in NSW (the 2022 Reform Package). Only the Building Legislation Amendment Bill2022 was passed, in reduced form, becoming the Building Legislation Amendment Act 2023. The other parts of the 2022 Reform Package were abandoned last November, in favour of reforms to streamline planning approvals, provide greater certainty for industry and communities, and cut unnecessary red tape in the sector.

It remains to be seen whether this aspiration will be achieved by the Bill. Before that can be assessed, the Bill will need to avoid the fate which met the 2022 reform package, after a lengthy consultation process marked by industry opposition.

At minimum, the Bill will be unpopular with private certifiers, whose liability would be significantly increased because of the proposed changes, and those who engage their services, who may for the first time, be required to pay an appropriate amount for an expected level of scrutiny.

If you have any questions regarding the bill, please contact us here.

In the media

HIA: Housing infrastructure spend welcomed by industry

The Housing Industry Association (HIA) has welcomed the news that the 2026/27 Federal Budget will invest an additional $2 billion over four years to fund critical infrastructure, which will support the construction of up to 65,000 new homes. “One of the key challenges facing the residential construction industry is the cost of enabling infrastructure, which invariably lands on the new home buyer,” said HIA Managing Director Jocelyn Martin. Read more here.

AI recruited to speed up home approvals, in budget set to reshape housing market

Artificial intelligence will be recruited to speed up assessments of housing and energy projects awaiting environmental approval, as the government races to build more homes and ward off a key frustration that is turning voters away from the major parties. Tuesday's federal budget will include a $105.9 million commitment over four years to develop an AI tool to guide proponents and share environmental data, helping more projects get approved. Read more here.

NSW Building Bill Targets Prefab Homes, Approvals and Certifiers

NSW has introduced building legislation that would make the state the first Australian jurisdiction to formally recognise modern methods of construction (MMC) in law. The Building (Approvals and Practitioners) Bill 2026, tabled in parliament this week would define prefabricated buildings, integrate MMC into the approvals system and introduce consumer protections for prefabricated home buyers. Read more here.

HIA: Positive supply reforms offset by housing taxation changes

Whilst the Budget contains a mix of welcome, long sought reforms that HIA championed, the major tax changes to Negative Gearing and Capital Gains Tax risk counteracting those gains. The Government’s own Budget papers admit that changes to negative gearing and capital gains tax will reduce the supply of new housing by around 35,000 homes over the next decade. From an industry perspective, the Budget can best be described as constructive on productivity and delivery, but conflicting on housing investment incentives — akin to right hand giving and left hand taking. Read more here.

Will CGT and negative gearing budget changes make housing cheaper for first home buyers?

The removal of the CGT discount and its return to indexation will take place from July 1 next year, with negative gearing also restricted to new builds from that date on. Moreover, existing property investors will be grandfathered and allowed to keep deducting rental losses against their other income from the properties they already owned or had signed contracts to buy when the treasurer handed down his budget at 7:30pm AEST on May 12. The political reality is that shifting the goalposts on existing investors would be a bridge too far. Read more here.

HIA: Budget in Reply signals strong focus on productivity, investment and housing supply

“The Housing Industry Association (HIA) welcomes the ambition of the Coalition’s Budget in Reply handed down tonight, including measures that support business investment, improve productivity and boost housing supply,” said HIA Managing Director Jocelyn Martin. Read more here.

Publications

Building Productivity Reforms

The NSW Government is proposing reforms to building laws to support industry productivity, modernise building approvals and accelerate housing delivery while maintaining construction quality. Read more here.

New building laws for a new era of approvals and modern methods of construction in NSW

The Minns Labor Government will today introduce nation-leading building reforms to support the uptake of Modern Methods of Construction (MMC), streamline building approvals and introduce stronger penalties for certifiers to NSW Parliament. Read more here.

ABS - Building Approvals, Australia

The Australian Bureau of Statistics (ABS) provides an overview of the number of dwellings and value of buildings approved. The March 2026 seasonally adjusted estimate revealed that total dwellings approved fell 10.5% to 17,300. Private sector dwellings excluding houses fell 26.0% to 6,632 and private sector houses rose 0.9% to 10,194. The value of total residential building fell 15.8% to $10.77b. Access the release here.

In Practice and Courts

Building (Approvals and Practitioners) Bill 2026

On 6 May 2026, the Legislative Assembly introduced the Building (Approvals and Practitioners) Bill 2026. Read the Bill here.

Budget 2026-27

The Treasurer delivered the Federal Budget on Tuesday 12 May 2026. Read the Budget here.

Budget Address in Reply

On Thursday May 14 2026, the Leader of the Opposition delivered the Budget in reply. Read the address here.

Chalmers doubles down on housing with $2 billion for roads and pipes

Local councils, power providers and water utility businesses will share in $2 billion in Tuesday’s federal budget to build critical infrastructure that the Albanese government says will support the construction of up to 65,000 homes across the country. As this masthead revealed on Saturday, this week’s budget will be heavily focused on housing, including changes to its tax treatment for investors and incentives to build new properties. Read more here.

Cases

Peninsula Point Frederick Pty Ltd v Secretary, Department of Customer Service [2026] NSWSC 476

STATUTORY INTERPRETATION — legislative purpose — Strata Schemes Management Act 2015 (NSW) — nature of the Secretary’s function under ss 209 and 209A

STATUTORY INTERPRETATION — internal review — Strata Schemes Management Act 2015 (NSW) — nature of the reviewer’s function under s 213

ADMINISTRATIVE LAW — jurisdictional error — whether decision-maker erred on numerous overlapping grounds — whether Secretary or reviewer required to weigh up competing evidence or make findings with precision as to estimated costs — finding that reviewer erred only in narrow respects — declaratory relief granted — secretary’s delegate’s decision quashed and remitted to reviewer for redetermination according to law

Building and Construction Security of Payment Act 1999 (NSW); Home Building Act 1989 (NSW) ss 3C(2)(a), 48A, 48K, 48O, 48MA; Strata Schemes Management Act 2015 (NSW) Pt 11, ss 190, 191, 193-2011A, 213, 215; Strata Schemes Management Amendment (Building Defects Scheme) Bill 2018; Strata Schemes Management Regulation 2016 (NSW) s 56

Secretary Department of Customer Service v Australian Trades Pty Ltd [2026] NSWCATAP 143

APPEALS — leave to appeal — notation to orders not reasons nor reasoning — no error nor substantial injustice established — leave refused — appeal dismissed

Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Home Building Act 1989

Richards v Morgsbuild Pty Ltd [2026] NSWCATAP 142

APPEAL — question of law — no question of law identified by legal representatives — LEAVE to appeal — considerations — leave to appeal granted — failure by the Tribunal to engage with clearly articulated argument

Civil and Administrative Tribunal Act 2013 (NSW) s 80 and cl 12(1) of Sch 4; Civil and Administrative Tribunal Rules 2014 (NSW) r 38A; Home Building Act 1989 (NSW) s 18B

Mack Electrical Pty Ltd v Secretary, Department of Customer Service [2026] NSWCATOD 61

OCCUPATIONAL — application for renewal of contractor licence — electrical wiring— liquidation —relevant person — s 33B Home Building Act 1989 — s 33C Home Building Act 1989

Administrative Decisions Review Act 1997 (NSW); Corporations Act 2001 (Cth); Home Building Act 1989 (NSW); Licensing and Registration (Uniform Procedures) Act 2002 (NSW)

Kensington Homes (NSW) Pty Ltd v McMullen [2026] NSWCATAP 139

APPEALS — constructive failure to exercise jurisdiction — failure to address a material issue and material evidence

APPEALS — procedural fairness — failure to address a material issue and material evidence

BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) — repudiation by the builder — measure and assessment of damages - calculation of damages

Civil and Administrative Tribunal Act 2013 (NSW), s 80; Home Building Act 1989 (NSW)

Lemmermann v Hunter Homes Pty Ltd [2026] NSWCATAP 140

APPEALS — questions of law — leave to appeal — failure to engage with clearly articulated case — constructive failure to exercise jurisdiction

BUILDING and CONSTRUCTION — HOME BUILDING — contract - unauthorised variations — price increases

Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW)

Boardman Super Fund Pty Ltd v Home & Land Centre Pty Ltd [2026] NSWSC 433

CONTRACT — construction — parties entered into Put and Call Option Deed — deed granted the Purchaser Call Options in respect of 20 lots of land to be created as part of a proposed subdivision — call options not exercised — disclosure Statement attached to the Deed with draft s 88B instrument containing questions marks “??” for the site classifications of the Lots — following registration of the s 88B instrument, eight of the Lots had a “P” (problem) site classification — notice of Change issued by the Vendor — Rescission Notice issued by Purchaser — notice of Exercise of Put Options issued by Vendor

EQUITY — equitable remedies — rescission — purchaser issued a Rescission Notice — whether the Purchaser validly rescinded the Deed pursuant to cl 5.3 of the Deed — whether the specification of the soil classifications as “P” is a Material Change or the Disclosure Statement was deemed inaccurate as a result of the Material Change — whether the Deed was validly rescinded pursuant to s 66ZM of the Conveyancing Act 1919 (NSW) — whether Division 10 of the Conveyancing Act applies to the Deed — whether the Vendor is estopped from denying the disclosure is a Material Change giving rise to a right to rescind

EQUITY — equitable remedies — rectification of the Deed — whether an order for rectification of cl 7.3 of the Deed should be made — specific performance of the contracts — defence of unclean hands raised — whether the Vendor can enforce the indemnity from the Guarantor for any amounts recoverable from the Purchaser

CONSUMER LAW — alleged misleading and deceptive conduct — representations by CDS Plans — plans as to the extent of civil works to be completed on the development site — CDS Plans commissioned by a previous owner of the land and came into existence before the Vendor purchased the development — CDS Plans sent by referral agent of the Vendor’s Selling Agent — whether the representations are attributable to the Vendor — whether the referral agent is a representative of the Vendor

Civil Procedure Act 2005 (NSW), ss 100, 101; Conveyancing Act 1919 (NSW), ss 55, 66ZL, 66ZM, 66ZN, 66ZO, 66ZR, 66ZU, 88B; Conveyancing (Sale of Land) Regulation 2022, r 13 (NSW); Design and Building Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW); Competition and Consumer Act 2010 (Cth), ss 4, 18, 237, 243; Environmental Planning and Assessment Act 1979 (NSW), ss 6.4, 10.7

J & E Miller (Builder) Pty Ltd v Awad [2026] NSWSC 411

APPEALS — application for leave to appeal from NSW Civil and Administrative Tribunal — where appeal limited to a question of law — discussion of necessity for proposed grounds of appeal to describe with specificity the question of law and error on which leave to appeal is sought

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — statutory warranty — where Tribunal made money order for breach of statutory warranty — whether Appeal Panel’s judgment dismissing appeal was affected by error

Civil and Administrative Tribunal Act 2013 (NSW) ss 62, 80, 83; Home Building Act 1989 (NSW) ss 18B, 18E, 48MA

Strata Plan 92183 v Samdora Pty Ltd [2026] NSWSC 406

BUILDING AND CONSTRUCTION — contract — implied terms — statutory warranties — design & Building Practitioners Act 2020 (NSW)

Civil Liability Act 2002 (NSW); Design & Building Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW); Strata Schemes Management Act 2015 (NSW)

Homebuilding Pty Ltd v Litigation Fund WCX Pty Ltd [2026] NSWSC 423

EQUITY — equitable charges and liens — creation — where clause of building contract provides for charge in respect of “all moneys that are or may become payable under this contract” — where clause 30 provides for payment of “debt collection costs” — where debt collection costs were incurred after the termination of the contract — whether clause 30 survived termination

CONTRACTS — construction — whether contractual promise to pay “debt collection costs” survives termination

EQUITY — equitable charges and liens — enforceability — prayer for relief referring to the Court’s “inherent jurisdiction” — appropriate relief for an equitable charge — whether Court should exercise its equitable jurisdiction to appoint a receiver or receivers

EQUITY — equitable remedies — receivers — availability — whether appropriate to appoint a receiver or receivers —appropriate form of orders

LAND LAW — caveats — caveatable interest — application for removal of caveat pursuant to s 74MA Real Property Act — whether defendant’s charge arising from a deed creates an immediate proprietary interest — where charge only crystallises upon expiry of deed in 2028 — utility of orders under s 74MA

LAND LAW — caveats — caveatable interest — whether deed created immediately enforceable charge over all of promisors real and personal assets — construction of deed — whether deed gave promisee a caveatable interest

Conveyancing Act 1919 (NSW) s 66G; Corporations Act 2001 (Cth); Evidence Act 1995 (NSW) s 91; Home Building Act 1989 (NSW) s 7D; Real Property Act 1900 (NSW) ss 74MA, 105; Supreme Court Act 1970 (NSW) s 57-63, s 67; Uniform Civil Procedure Rules 2005 (NSW) Pt. 39 Div. 2, rr 26.4, 27.2(2)

Mashat v Build Property Pty Ltd [2026] NSWCATAP 148

APPEALS — appeal on question of law — principles governing

APPEALS — leave to appeal — principles governing — leave to appeal refused

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranty — claims by owner against builder — whether owner is entitled to remedy against each builder who breached statutory warranties — whether terms implied in building contract — whether owner is entitled to damages for increased costs due to delay — whether owner is entitled to damages for loss of rent due to delay

Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 62, 80, Sch 4, cl 12; Civil and Administrative Tribunal Rules 2014 (NSW), rr 29, 38, 38A; Home Building Act 1989 (NSW), ss 4, 12, 18B, 48A, 48MA, 48O

Sader v Renbar Construction Pty Ltd (No 2) [2026] NSWCATAP 150

COSTS — no question of principle
Civil and Administrative Tribunal Act 2013 (NSW), ss 50, 60; Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A; Design and Building Practitioners Act 2020 (NSW), s 37; Home Building Act 1989 (NSW)

Legislation

Bills introduced by Government

Building (Approvals and Practitioners) Bill 2026

Fair Trading Amendment (FuelCheck) Bill 2026

Energy Legislation Amendment (Prioritising Renewable Energy) Bill 2026

Regulations and other Miscellaneous Documents

Petroleum (Onshore) Amendment (Petroleum Exploration Licence) Regulation 2026 (2026-184) LW 1 May 2026

Final Determination [Biodiversity Conservation Act 2016] (2026-192) LW 8 May 2026

Access Licence Dealing Principles Amendment Order 2026 (2026-200) LW 15 May 2026

Environmental Planning Instruments

Campbelltown Local Environmental Plan 2015 (Map Amendment No 16) (2026-185) LW 1 May 2026

North Sydney Local Environmental Plan 2013 (Amendment No 44) (2026-186) LW 1 May 2026

State Environmental Planning Policy Amendment (Housing Delivery Authority Rezoning) (No 2) 2026 (2026-187) LW 1 May 2026

Sutherland Shire Local Environmental Plan 2015 (Amendment No 30) (2026-188) LW 1 May 2026

Sutherland Shire Local Environmental Plan 2015 (Amendment No 31) (2026-189) LW 1 May 2026

Wollondilly Local Environmental Plan Amendment (Precincts—Western Parkland City) 2026 (2026-190) LW 1 May 2026

Ballina Local Environmental Plan 2012 (Amendment No 59) (2026-194) LW 8 May 2026

Bayside Local Environmental Plan 2021 (Amendment No 14) (2026-195) LW 8 May 2026

Eurobodalla Local Environmental Plan 2012 (Amendment No 21) (2026-196) LW 8 May 2026