The ACT Government has passed the Building and Construction Legislation Amendment Act 2026 (ACT) (Amendment Act), which commenced on 17 February 2026.
The Amendment Act introduces important changes across the ACT’s building, construction and licensing framework, amending key instruments including the Building Act 2004 and the Construction Occupations (Licensing) Act 2004 (ACT) (COLA).
While some of the amendments clarify existing obligations, others significantly expand regulatory reach, particularly in circumstances involving corporate insolvency.
Some of the key changes include:
Building Act 2004 (ACT)
As-built drawings
Builders must now provide drawings showing the completed building work (as-built plans) upon completion.
Swimming pools – clarified obligations
The amendments clarify owner and builder obligations by refining existing terminology and introducing new definitions, including terms such as partial exemption certificate and relevant documents. These changes are intended to improve certainty and compliance.
Construction Occupations (Licencing) Act 2004 (ACT) (COLA)
New suitability requirements for nominees – s 28A
A new section 28A sets out when an individual is suitable to be appointed as a nominee and specifies the information required for such appointments. This reinforces the accountability of individuals nominated to supervise licensed construction work.
Expanded meaning of corporate wind-ups
One of the most significant changes is the expansion of the reference to the winding up of companies to expressly include:
This means that rights and obligations under the COLA may now be exercised against corporations not only in administration, but also in receivership and liquidation.
Why this matters – Alignment with the Corporations Act
The expansion of COLA’s jurisdiction brings it into closer alignment with the Corporations Act 2001 (Cth).
Under the Corporations Act, the commencement of liquidation does not extinguish liability for prior misconduct. Directors may still face:
Similarly, the COLA amendments make clear that entry into liquidation, receivership or administration does not prevent regulatory action under ACT building legislation.
This is particularly significant for directors and nominees of building companies. If a company enters into administration, liquidation or receivership following defective work, non-compliance or financial mismanagement:
In effect, insolvency will not shield either the corporate entity or responsible individuals or protect it from regulatory or statutory consequences.
Recommendation to members
Members are encouraged to familiarise themselves with the changes introduced by the Amendment Act.
While some amendments appear technical or explanatory, the expanded insolvency provisions may have significant consequences for directors and nominees operating through corporate structures.
Corporate wind ups will no longer limit regulatory exposure under ACT licensing legislation, and the interaction with the Corporations Act heightens the personal risk and exposure for those managing construction companies.
For questions about the recent changes, or your obligations as a builder or nominee, please contact the Workplace Relations Team:
📞 (02) 6175 5900
📧 workplace@mba.org.au
