Building Act 2004
- Number
- A2004-11
- Status
- In Force
Notes
- For infringement notice offences under this Act see Magistrates Court (Building Infringement Notices) Regulation 2008[1]
- Current law
- Regulations & instruments
- Forms
- Point-in-time versions
- Law history
Current version
Notes
- Uncommenced amendments by Building (Swimming Pool Safety) Legislation Amendment Act 2023[5].
- Uncommenced amendments by Property Developers Act 2024[6].
- Uncommenced expiry of provisions.
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 1 April 2025 | HTMLPDFWord | R52 | 1 April 2025 | Republication for amendments by A2025-5[7] |
Administering Minister and Directorate
- Minister for Planning and Sustainable Development - Environment, Planning and Sustainable Development Directorate
Legislative instruments
Legislative instruments under the Act and its subordinate laws
Related instruments
| Name | Effective | Year and No |
|---|---|---|
| Legislation (Building) Delegation 2024[27] | 1 May 2024 | NI2024-213 |
| Public Sector Management (Building) Delegation 2024 (No 2)[28] | 29 June 2024 | NI2024-346 |
Approved forms
Legislative instruments under the Act and its subordinate laws
| Form name/number | Description | Under | Effective | Year and No |
|---|---|---|---|---|
| Building Act 2004—Form[29] | Application for certificate of occupancy and use | s 151 | 5 August 2016 | AF2016-77 |
| Building Act 2004—Form[30] | Appointment of a certifier - application for building approval | s 151 | 12 August 2016 | AF2016-85 |
| Building Act 2004—Form[31] | Appointment of builder and application for commencement notice | s 151 | 5 August 2016 | AF2016-79 |
| Building Act 2004—Form[32] | Asbestos warning notice | s 151 | 10 May 2017 | AF2017-82 |
| Building Act 2004—Form[33] | Building approval forms | s 151 | 11 June 2010 | AF2010-93 |
| Building Act 2004—Form[34] | Building commencement notice | s 151 | 5 August 2016 | AF2016-82 |
| Building Act 2004—Form[35] | Certificate of completion and application for certificate of occupancy and use - swimming pool fencing or barrier | s 151 | 5 August 2016 | AF2016-74 |
| Building Act 2004—Form[36] | Certificate of completion of unsubstantiated building work – application for certificate of occupancy and use under section 69 (2B) | s 151 | 5 August 2016 | AF2016-73 |
| Building Act 2004—Form[37] | Certificate of completion – building work | s 151 | 5 August 2016 | AF2016-75 |
| Building Act 2004—Form[38] | Exemption assessment B notice lodgement | s 151 | 5 August 2016 | AF2016-71 |
| Building Act 2004—Form[39] | Minimum documentation requirements for building approval lodgement class 1 and 10 – residential construction | s 151 | 5 August 2016 | AF2016-78 |
| Building Act 2004—Form[40] | Non-compliance notice | s 151 | 5 August 2016 | AF2016-72 |
| Building Act 2004—Form[41] | Site work notice | s 151 | 1 December 2023 | AF2023-6 |
Point-in-time versions
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 1 April 2025 | HTMLPDFWord | R52 | 1 April 2025 | Republication for amendments by A2025-5[7] |
| 6 March 2025 - 31 March 2025 | HTMLPDFWord | R51 | 6 March 2025 | Republication for amendments by A2023-8[42] as amended by A2023-20[43] and A2024-21[44] |
| 11 December 2024 - 5 March 2025 | HTMLPDFWord | R50 | 11 December 2024 | Republication for amendments by A2023-55[45] |
| 23 August 2024 - 10 December 2024 | HTMLPDFWord | R49 | 23 August 2024 | Republication for amendments by A2023-55[45] |
| 1 May 2024 - 22 August 2024 | HTMLPDFWord | R48 | 1 May 2024 | Republication for amendments by A2023-46[5] |
| 15 January 2024 - 30 April 2024 | HTMLPDFWord | R47 | 15 January 2024 | Republication for amendments by A2023-55[45] |
| 12 December 2023 - 14 January 2024 | HTMLPDFWord | R46 | 12 December 2023 | Republication for amendments by A2023-55[45] |
| 27 November 2023 - 11 December 2023 | HTMLPDFWord | R45 | 27 November 2023 | Republication for amendments by A2023-36[46] |
| 24 August 2022 - 26 November 2023 | HTMLPDFWord | R44 | 24 August 2022 | Republication for amendments by A2022-14[47] |
| 24 June 2022 - 23 August 2022 | HTMLPDFWord | R43 | 24 June 2022 | Republication for amendments by A2020-25[48] |
| 1 July 2020 - 23 June 2022 | HTMLPDFWord | R42 | 1 July 2020 | Republication for amendments by A2020-20[49] |
| 25 June 2020 - 30 June 2020 | HTMLPDFWord | R41 | 25 June 2020 | Republication for amendments by A2020-25[48] |
| 1 June 2020 - 24 June 2020 | HTMLPDFWord | R40 | 1 June 2020 | Republication for amendments by A2020-16[50] |
| 10 December 2019 - 31 May 2020 | HTMLPDFWord | R39 | 10 December 2019 | Republication for amendments by A2019-48[51] |
| 23 October 2018 - 9 December 2019 | HTMLPDFWord | R38 | 23 October 2018 | Republication for amendments by A2018-33[52] |
| 17 May 2018 - 22 October 2018 | HTMLPDFWord | R37 | 17 May 2018 | Republication for amendments by A2018-16[53] |
| 19 August 2017 - 16 May 2018 | HTMLPDFWord | R36 | 19 August 2017 | Republication for amendments by A2016-44[54] |
| 20 August 2016 - 18 August 2017 | HTMLPDFWord | R35 | 20 August 2016 | Republication for amendments by A2016-44[54] |
| 27 April 2016 - 19 August 2016 | HTMLPDFWord | R34 | 27 April 2016 | Republication for amendments by A2016-18[55] |
| 9 December 2015 - 26 April 2016 | HTMLPDFWord | R33 | 9 December 2015 | Republication for amendments by A2015-50[56] |
| 13 November 2015 - 8 December 2015 | HTMLPDFWord | R32 | 13 November 2015 | Republication for amendments by A2015-42[57] |
| 14 October 2015 - 12 November 2015 | HTMLPDFWord | R31 | 14 October 2015 | Republication for amendments by A2015-33[58] |
| 1 July 2015 - 13 October 2015 | HTMLPDFWord | R30 | 1 July 2015 | Republication for amendments by A2015-19[59] |
| 21 May 2015 - 30 June 2015 | HTMLPDFWord | R29 | 21 May 2015 | Republication for amendments by A2015-12[60] |
| 1 January 2015 - 20 May 2015 | HTMLPDFWord | R28 | 1 January 2015 | Republication for amendments by A2014-53[61] |
| 6 November 2014 - 31 December 2014 | HTMLPDFWord | R27 | 6 November 2014 | Republication for amendments by A2014-45[62] |
| 27 May 2014 - 5 November 2014 | HTMLPDFWord | R26 | 27 May 2014 | Republication for amendments by A2014-23[63] |
| 6 March 2014 - 26 May 2014 | HTMLPDFWord | R25 | 6 March 2014 | Republication for amendments by A2014-2[64] |
| 1 September 2013 - 5 March 2014 | HTMLPDFWord | R24* | 1 September 2013 | Republication for amendments by A2013-31[65] |
| 27 August 2013 - 31 August 2013 | HTMLPDFWord | R23 | 27 August 2013 | Republication for amendments by A2013-31[65] |
| 9 July 2013 - 26 August 2013 | HTMLPDFWord | R22 | 9 July 2013 | Republication for expiry of transitional provisions (pt 15) |
| 1 July 2013 - 8 July 2013 | HTMLPDFWord | R21 | 1 July 2013 | Republication for amendments by A2013-3[66] |
| 14 June 2013 - 30 June 2013 | HTMLPDFWord | R20 | 14 June 2013 | Republication for amendments by A2013-19[67] |
| 22 May 2013 - 13 June 2013 | HTMLPDFWord | R19 | 22 May 2013 | Republication for amendments by A2013-15[68] |
| 1 July 2012 - 21 May 2013 | HTMLPDFWord | R18 | 1 July 2012 | Republication for amendments by A2011-54[69] |
| 29 May 2012 - 30 June 2012 | HTMLPDFWord | R17 | 29 May 2012 | Republication for amendments by A2012-23[70] |
| 1 March 2012 - 28 May 2012 | HTMLPDFWord | R16 | 1 March 2012 | Republication for amendments by A2011-48[71] |
| 8 July 2011 - 29 February 2012 | HTMLPDFWord | R15 | 8 July 2011 | Republication for amendments by A2010-24[72] and A2011-23[73] |
| 1 March 2011 - 7 July 2011 | HTMLPDFWord | R14 | 1 March 2011 | Republication for amendments by A2010-32[74] and A2011-3[75] |
| 3 June 2010 - 28 February 2011 | HTMLPDFWord | R13 | 3 June 2010 | Republication for amendments by A2010-18[76] |
| 22 September 2009 - 2 June 2010 | HTMLPDFWord | R12 | 22 September 2009 | Republication for amendments by A2009-20[77] |
| 2 February 2009 - 21 September 2009 | HTMLPDFWord | R11 | 2 February 2009 | Republication for amendments by A2008-36[78] and A2008-37[79] |
| 31 March 2008 - 1 February 2009 | HTMLPDFWord | R10* | 31 March 2008 | Republication for amendments by A2007-26[80] |
| 2 September 2006 - 30 March 2008 | HTMLPDFWord | R9 | 2 September 2006 | Republication for commenced expiry |
| 1 September 2006 - 1 September 2006 | HTMLPDFWord | R8 | 1 September 2006 | Republication for amendments by A2006-15[81] |
| 1 July 2006 - 31 August 2006 | HTMLPDFWord | R7 | 1 July 2006 | Republication for amendments by A2006-16[82] as amended by A2006-24[83] |
| 28 July 2005 - 30 June 2006 | HTMLPDFWord | R6 | 28 July 2005 | Republication for commenced expiry |
| 27 July 2005 - 27 July 2005 | HTMLPDFWord | R5 | 27 July 2005 | Republication for amendments by A2005-34[84] |
| 2 June 2005 - 26 July 2005 | HTMLPDFWord | R4 | 2 June 2005 | Republication for amendments by A2005-20[85] |
| 9 September 2004 - 1 June 2005 | HTMLPDFWord | R3 | 9 September 2004 | Republication for modifications by SL2004-34[86] as amended by SL2004-46[87] |
| 2 September 2004 - 8 September 2004 | HTMLPDFWord | R2 | 2 September 2004 | Republication for commenced expiry |
| 1 September 2004 - 1 September 2004 | HTMLPDFWord | R1 | 1 September 2004 | Republication for new Act and amendments by A2004-15[88], A2004-28[89] and A2004-66[90] |
| 1 September 2004 | HTMLPDFWord | As notified | 26 March 2004 |
Bill and Explanatory statement
The bill and explanatory statement for this Act are accessed from Building Bill 2003[91].
Notification statement
The Building Act 2004 has been passed by the Legislative Assembly and is notified under the Legislation Act 2001.
Notified: 26 March 2004 (Parliamentary Counsel)
Act as notified
Commencement
| Provision | Commencement date | Commencement method |
|---|---|---|
| s 1, s 2 | 26 March 2004 | LA[92] s 75 (1) |
| remainder | 1 September 2004 | s 2 and see A2004-12[93], s 2 and CN2004-8[94] |
Expiries
| Provision | Expiry date | Expiry method |
|---|---|---|
| s 83H | commences 1 May 2028 | s 83H (3) |
| pt 15 | 8 July 2013 (midnight) | s 202 |
| pt 11 | 1 September 2006 (midnight) | s 180 |
| s 172 | 27 July 2005 (midnight) | s 172 (3) |
| s 177, s 178 | 1 September 2004 (midnight) | s 177 (5), s 178 (5) |
Amendments
For section-by-section amendment annotations, see the amendment history in the endnotes in the current version of this law.
| Year and number | Amending law | Amending provision | Commencement date |
|---|---|---|---|
| A2024-36[6] | Property Developers Act 2024 | sch 2 amdt 2.1, amdt 2.6, amdts 2.8-2.22 | awaiting commencement |
| A2024-36[6] | Property Developers Act 2024 | sch 2 amdts 2.2-2.5, amdt 2.7 | awaiting commencement |
| A2023-46[5] | Building (Swimming Pool Safety) Legislation Amendment Act 2023 | s 5, s 6 | commences 1 May 2028 |
| A2025-5[7] | Building and Construction Legislation Amendment Act 2025 | pt 2 | 1 April 2025 |
| A2023-8[42] | Professional Engineers Act 2023 | sch 2 pt 2.1 | 6 March 2025 |
| A2023-55[45] | Building and Construction Legislation Amendment Act 2023 | s 9, ss 11-15 | 11 December 2024 |
| A2023-55[45] | Building and Construction Legislation Amendment Act 2023 | s 10, s 17, s 19 | 23 August 2024 |
| A2023-46[5] | Building (Swimming Pool Safety) Legislation Amendment Act 2023 | s 4, ss 7-11 | 1 May 2024 |
| A2023-55[45] | Building and Construction Legislation Amendment Act 2023 | s 18 | 15 January 2024 |
| A2023-55[45] | Building and Construction Legislation Amendment Act 2023 | s 7, s 8, s 16, ss 20-22 | 12 December 2023 |
| A2023-36[46] | Planning (Consequential Amendments) Act 2023 | sch 1 pt 1.3 | 27 November 2023 |
| A2022-14[47] | Statute Law Amendment Act 2022 | sch 3 pt 3.4 | 24 August 2022 |
| A2020-25[48] | Building and Construction Legislation Amendment Act 2020 | ss 5-11 | 24 June 2022 |
| A2020-20[49] | Loose-fill Asbestos Legislation Amendment Act 2020 | sch 1 pt 1.1 | 1 July 2020 |
| A2020-25[48] | Building and Construction Legislation Amendment Act 2020 | s 4 | 25 June 2020 |
| A2020-16[50] | Land Titles (Electronic Conveyancing) Legislation Amendment Act 2020 | sch 1 pt 1.3 | 1 June 2020 |
| A2019-48[51] | Building and Construction Legislation Amendment Act 2019 | pt 3 | 10 December 2019 |
| A2018-33[52] | Red Tape Reduction Legislation Amendment Act 2018 | sch 1 pt 1.2 | 23 October 2018 |
| A2018-16[95] | Planning and Development (Lease Variation Charge Deferred Payment Scheme) Amendment Act 2018 | sch 1 pt 1.1 | 17 May 2018 |
| A2016-44[96] | Building and Construction Legislation Amendment Act 2016 | ss 17-23, s 25, s 35, s 37 | 19 August 2017 |
| A2016-44[96] | Building and Construction Legislation Amendment Act 2016 | ss 5-16, s 24, ss 26-34, s 36, s 38 | 20 August 2016 |
| A2016-18[97] | Red Tape Reduction Legislation Amendment Act 2016 | sch 3 pt 3.7 | 27 April 2016 |
| A2015-50[98] | Statute Law Amendment Act 2015 (No 2) | sch 3 pt 3.3 | 9 December 2015 |
| A2015-42[99] | Building (Loose-fill Asbestos Eradication) Legislation Amendment Act 2015 | pt 2 | 13 November 2015 |
| A2015-33[100] | Red Tape Reduction Legislation Amendment Act 2015 | sch 1 pt 1.9 | 14 October 2015 |
| A2015-19[101] | Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 | pt 2 | 1 July 2015 |
| A2015-12[102] | Planning, Building and Environment Legislation Amendment Act 2015 | pt 2 | 21 May 2015 |
| A2014-53[103] | Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 | pt 2 | 1 January 2015 |
| A2014-45[104] | Planning, Building and Environment Legislation Amendment Act 2014 (No 2) | pt 2 | 6 November 2014 |
| A2014-23[105] | Planning, Building and Environment Legislation Amendment Act 2014 | pt 2 | 27 May 2014 |
| A2014-2[106] | Construction and Energy Efficiency Legislation Amendment Act 2014 | pt 2 | 6 March 2014 |
| A2013-31[107] | Construction and Energy Efficiency Legislation Amendment Act 2013 | s 9 | 1 September 2013 |
| A2013-31[107] | Construction and Energy Efficiency Legislation Amendment Act 2013 | ss 10-20 | 27 August 2013 |
| A2013-3[108] | Public Unleased Land Act 2013 | sch 2 pt 2.1 | 1 July 2013 |
| A2013-19[109] | Statute Law Amendment Act 2013 | sch 3 pt 3.3 | 14 June 2013 |
| A2013-15[110] | Planning, Building and Environment Legislation Amendment Act 2013 | pt 2 | 22 May 2013 |
| A2011-54[111] | Planning and Building Legislation Amendment Act 2011 (No 2) | pt 2 | 1 July 2012 |
| A2012-23[112] | Planning, Building and Environment Legislation Amendment Act 2012 | pt 2 | 29 May 2012 |
| A2011-48[113] | Evidence (Consequential Amendments) Act 2011 | sch 1 pt 1.6 | 1 March 2012 |
| A2011-23[114] | Planning and Building Legislation Amendment Act 2011 | pt 2 | 8 July 2011 |
| A2010-24[115] | Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010 | pt 2 | 8 July 2011 |
| A2011-3[116] | Statute Law Amendment Act 2011 | sch 3 pt 3.5 | 1 March 2011 |
| A2010-32[117] | Construction Occupations Legislation Amendment Act 2010 (No 2) | pt 2 | 1 March 2011 |
| A2010-18[118] | Statute Law Amendment Act 2010 | sch 1 pt 1.2 | 3 June 2010 |
| A2009-20[119] | Statute Law Amendment Act 2009 | sch 3 pt 3.8 | 22 September 2009 |
| A2008-37[120] | ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) | sch 1 pt 1.14 | 2 February 2009 |
| A2008-36[121] | ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 | sch 1 pt 1.7 | 2 February 2009 |
| A2007-26[122] | Building Legislation Amendment Act 2007 | sch 1 pt 1.1 | 31 March 2008 |
| A2006-15[123] | Construction Occupations Legislation Amendment Act 2006 | sch 1 pt 1.1 | 1 September 2006 |
| A2006-16[124] | Asbestos Legislation Amendment Act 2006 | sch 1 pt 1.1 | 1 July 2006 |
| A2005-34[125] | Construction Occupations Legislation Amendment Act 2005 | sch 1 pt 1.1 | 27 July 2005 |
| A2005-20[126] | Statute Law Amendment Act 2005 | sch 3 pt 3.7 | 2 June 2005 |
| A2004-66[127] | Dangerous Substances (Asbestos) Amendment Act 2004 | sch 1 pt 1.1 | 1 September 2004 |
| A2004-28[128] | Emergencies Act 2004 | sch 3 pt 3.1 | 1 September 2004 |
| A2004-15[129] | Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 | sch 2 pt 2.10 | 1 September 2004 |