Building (Approvals and Practitioners) Act 2026: what has passed, what has not started yet, and what commercial owners should watch

NSW has a new building law. The Building (Approvals and Practitioners) Act 2026 passed NSW Parliament on 4 August 2026 and received assent on 14 August 2026. It sets up a new framework for approving and overseeing building work in NSW.

For owners, the key point is timing. Passing a law and bringing it into force are separate steps. Most of this Act has not commenced yet, and the regulations needed to support it are still being developed. For projects on site or in planning today, the current rules continue to apply. This article sets out what has been verified so far, what has not started, and what commercial owners, developers, facility managers and strata committees may want to watch.

What has happened

The NSW Parliament record for the Bill shows the following steps:

• The Bill was introduced in the Legislative Assembly on 6 May 2026.
• The Legislative Council passed it with amendments on 25 June 2026.
• The Legislative Assembly agreed to those amendments on 4 August 2026, completing its passage through Parliament.
• It received assent on 14 August 2026 and is Act No 26 of 2026.

Section 2 of the Act says that two specific amendments in Schedule 3 commenced on assent. Everything else commences on a day or days to be appointed by proclamation. Building Commission NSW says the reforms will commence once the associated regulations have been developed, and that it will consult with industry on those regulations during 2026 and 2027. At the time of writing, no commencement date has been published for the main reforms.

What the Act is designed to change

Building Commission NSW and the NSW Government’s release of 5 August 2026 describe four main areas of reform:

• Prefabricated and modular buildings. The Act defines “prefabricated buildings” in law and brings them into the building approvals system.
• Building approvals. Building approval provisions move out of the Environmental Planning and Assessment Act 1979 into a new framework covering approval to build, plan variations, post-consent processes and occupation or completion approvals. The Government has said this includes staged approvals, and allows minor variations to a building’s approval to be approved without a new planning consent if they fit the approval framework.
• Certifier accountability. Conflict of interest rules for certifiers are clarified. Maximum court-imposed penalties for breaches increase from $33,000 to $1.1 million, with automatic suspension if a court convicts a certifier of a conflict of interest breach.
• Dispute resolution. The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 is amended so that structured dispute resolution processes can be set out in regulations.

The Government also said it has allocated $32.3 million in the 2026/27 NSW Budget to implement the laws.

The Act as passed uses new names for the main approvals, including “building approval” and “completion approval”. How these will relate to today’s construction certificates and occupation certificates, and how projects already underway will move across, will depend on the regulations and transitional arrangements that are still to come.

What it means in practice

Nothing changes on site today simply because the Act has passed. Until the relevant parts commence:

• Current approval pathways continue. Projects continue to move through the existing system of development consents, construction certificates, complying development certificates and occupation certificates.
• Current practitioner obligations continue. The Design and Building Practitioners Act 2020 and its Regulation still operate. On 26 June 2026, Building Commission NSW announced amendments to that Regulation, including deferring its expansion to class 3 and 9c remedial work until 1 July 2028.
• Timing is open. Because commencement depends on regulations still being prepared, owners should not assume a particular start date.

What owners and committees may want to consider

This is general information, not legal advice. Commercial owners, developers, facility managers and strata committees may find it useful to:

• Ask your project team which approvals pathway applies to your project now, and whether any approval steps are likely to fall after a future commencement date.
• For longer or staged projects, ask your consultants and certifier to keep track of commencement and transitional arrangements as they are announced.
• Watch Building Commission NSW for regulation consultation during 2026 and 2027, and consider whether your organisation wants to make a submission.
• Keep approvals, certificates and design documents for current projects well organised, so that any future transition is easier to manage.
• Seek advice from a lawyer or certifier about how the changes may affect a specific project or contract.

How Beams & Dreams can help

Beams & Dreams Constructions is a Sydney-based builder (NSW Builder Licence 397915C, Registered Building Practitioner BUP4253866) delivering commercial construction and refurbishment, remedial building works and project management. We can help owners and committees plan a practical programme that allows for the approval and certification steps that apply to their works.

Next step

If you are planning commercial or remedial works and want to talk through scope, staging or programme, contact the Beams & Dreams team.

This article is general information only. It is not legal, financial, planning, engineering or compliance advice. Rules and timeframes can change. Check the official sources linked above and get advice from a qualified professional about your building or project.