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Legislation Updates

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From 10 November 2026, ACT building and planning changes affect project completion, solar installations, license renewals and residential development.

Expired building approvals: Eligible projects that reached statutory substantial completion before their approval expired can apply for a new approval using the building code applicable to the original approved plans. A Construction Occupations Registrar certificate is required first. An approval using the earlier code operates for one year.

Solar installations: Solar panels and solar water heaters on Class 2–9 buildings may now qualify for a building approval exemption. A registered structural engineer must certify the building’s structural adequacy, and all other exemption conditions must be satisfied, including limits concerning fire safety and building services.

Construction license renewals: Instead of refusing renewal, the Registrar may renew a license in a different class within the same construction occupation, provided the applicant is eligible and agrees.

Residential planning: Certain lease variations involving dwelling numbers, secondary residences and easements now have an exempt declaration pathway, with a 10-working-day decision period, paused for further information requests. Single-dwelling residential leases can also accommodate secondary residences without varying the single-dwelling restriction; development approval remains necessary unless exempt.

Lease variation charges: Updated determinations accommodate the new exempt declaration pathway and retain the existing 50% LVC concession for qualifying additional dwellings in RZ1/RZ2. Key conditions include approval or an exempt declaration by 30 June 2029, an approved LVC deferral application made on or after 10 June 2026, and occupancy certificates for every additional dwelling issued after deferral approval and by 31 December 2030. Selling before meeting the occupancy condition forfeits the reduction.

Members undertaking affected projects should confirm eligibility and approval requirements with their certifier, planning adviser or ACT Revenue, as applicable. If you have any queries, contact the MBA ACT Building Advisory team for assistance.

📞 (02) 6175 5900
📧 workplace@mba.org.au