8 Sep 2026 | Construction and Engineering
NSW’s new Building (Approvals and Practitioners) Act 2026 will repeal and replace the Design and Building Practitioners Act 2020 and carry across the statutory Duty of Care for defective building work. But does the new Building Act really change the position for builders, developers and owners? This article examines the history of the statutory Duty of Care, including the landmark Brookfield and Pafburn decisions, and explains how the new legislation may affect liability for construction defects. While the Duty of Care is largely preserved, changes to the definition of “construction work” may create uncertainty about who can be liable, particularly directors and others who may have substantive control over construction work. We consider the practical implications of the new Building Act for builders, developers and homeowners, and what industry participants should consider before the new regime commences.
