The ACT Government has continued to work with industry and community stakeholders and our interjurisdictional colleagues in refining the property developer licensing and regulation policy. This has led to the development of the Property Developers Bill 2023, which was introduced in the ACT Legislative Assembly on 30 November 2023.

The Property Developers Bill 2023 is part of the ACT Governments building reform program which is focused on improving the quality of buildings in the ACT. The Bill can be viewed here Property Developers Bill 2023 | Bills (act.gov.au)

The Bill establishes a licensing scheme for property developers which will increase accountability and transparency in the building and construction industry. It will provide greater protections and added certainty to the public and the building and construction industry, helping to make sure that when they engage with a developer, the developer will be competent, transparent, act ethically and have the capacity to deliver quality buildings.

The introduction of Australia’s first licensing scheme will make developers accountable for their projects, reducing the potential of building defects and providing the government with additional powers to make sure that if there are problems that these are rectified in a timely fashion.

The ACT Government is committed to implementing greater accountability measures for property developers. We asked the community and industry for their views on the Developer Regulation Discussion Paper to inform the development of such measures.

The discussion paper

The discussion paper is informed by previous inquiries, stakeholder engagement, government reports, media reports, academic literature and a jurisdictional review.

Focus areas

The paper identifies four main focus areas:

• Accountability and transparency
• Ethical behaviour and work practices
• Project capacity and capability – financial and operational
• Building quality and safety

The paper includes an analysis of matters identified as relevant to each focus area. Each matter includes a clear issue statement, a summary of what we have heard from the community, industry and stakeholders, and research undertaken by the government. For a quick overview of these issues and focus areas, check out the Developer Regulation - Issues Summary document.

Options

The discussion paper considers various options for improving the accountability of developers and providing consumers with greater information about developments and the developers behind them. These options include:

• a licensing/registration scheme
• a disclosure scheme
• accountability for rectification works

Some options may be complementary and could be implemented together. For a quick overview of these options, check out the Developer Regulations - Summary of Options document.

You provided feedback on the discussion paper in three different ways:

1. The quick poll below
2. The survey, which reflects the questions in the discussion paper
3. Email submissions to EPSDDBuildingReform@act.gov.au.

Consultation closed at 10am on Monday 27 February 2023. The Listening Report outlines what we heard during consultation.

If you have any questions about this project or the discussion paper, please contact the Building Reform Team at EPSDDBuildingReform@act.gov.au.

Following community and stakeholder engagement, we have developed a framework that:

• provides greater accountability for property developers within the building and construction industry
• holds property developers to account for the matters over which they have influence or control
• enhances consumer trust and confidence in the building and construction industry
• shapes behaviour and supports a robust, efficient, and professional building and construction industry
• improves the quality of buildings in the ACT
• avoids unnecessary regulatory duplication, burden and cost
• complements existing regulatory settings.

Where individual feedback is used to inform government decisions, it will de-identified. More information about how we handle and store the information you provide to us is available on the ACT Government website: Privacy - Environment, Planning and Sustainable Development Directorate - Planning (act.gov.au)