The Minns Labor Government has released a comprehensive suite of Building Productivity Reforms aimed at accelerating housing supply while maintaining quality and consumer confidence. The reforms are set to be introduced to Parliament in Q1 2026.
This replaces the proposed consolidation of multiple Acts into an omnibus Building Bill including the repeal of the Architects Act.
KEY REFORM AREAS
Support for the uptake of prefabricated homes and modular buildings:
- Position NSW as the first Australian jurisdiction to integrate prefabricated homes into the building approval system, aligning regulation with traditional building work and requiring Building Code of Australia compliance.
- Create a statewide single pathway for prefabricated building approvals to increase industry certainty and encourage uptake.
- Set clear rules for manufacture, supply, transport, delivery and installation of prefabricated buildings.
- Commonwealth Productivity Commission estimates MMC can reduce construction costs by up to 20 per cent and accelerate construction timelines by up to 50 per cent.
- Master Builders NSW notes build time reductions of 20 per cent and completion time improvements (apartment construction currently over 3 years).
Modernising the building approvals system
- Simplifying building approvals and removing duplication
- Remove duplication between building and planning legislation.
- Streamline building and occupation approvals.
- Allow minor variations during construction without re-approval by local councils.
Strengthening certifier conflict of interest laws and penalties
- Enhance certifier accountability and establish a clear chain of responsibility so certifiers are not incorrectly held accountable across the whole approvals process.
- Modernise the building regulatory system.
- Consider a single approval authority (removing the certifier/principal certifier split) to strengthen accountability.
- Conflict-of-interest enforcement
- Introduce stronger conflict-of-interest laws for certifiers
- Digital modernisation- increased use of digitised certificates to enable a fully digital approvals pathway.
- Education and capability; Education flagged as a core focus for industry uplift.
Alignment with earlier Public Accountability and Works Committee’s (PAWC) recommendations:
The reforms directly address several findings and recommendations from the Legislative Council’s Public Accountability and Works Committee Report No. 6 (November 2025) where the RAIA were represented:
- Single approval authority (Committee Rec. 1 context): The proposed removal of the certifier/principal certifier split aligns with the committee’s call for clearer, more streamlined approvals.
- Chain of responsibility (Committee Rec. 4, 5): Establishing clear certifier accountability mirrors the committee’s emphasis on accountability and consumer protection.
- MMC integration: Formalises the committee’s implicit support for modern methods of construction as part of housing productivity.
- Duplication reduction: Directly responds to stakeholder concerns (raised in the PAWC inquiry) about overlap between building and planning legislation.
What this means for our Members:
- Repeal of the Architects’ Act is paused
- The focus is shifting to process improvements, not structural changes to the profession.
- No immediate licensing/registration changes; however, operational adjustments via regulation remain possible, so we will keep a close eye on this.
- Greater engagement expected with MMC projects and associated quality-assurance requirements.
- Clearer certification pathways for prefabricated work.
- Single approval authority may simplify coordination with certifiers.
Process and timing of the new Legislation:
Building Productivity Reforms Bill (including consolidated Part 6 of the Building Bill) to be introduced to Parliament in Q1 2026. Substantial operational detail will sit in regulations, being developed in parallel.
Formal consultation expected early 2026
OUR ADVOCACY IS WORKING…
We made it clear to Government that:
- NSW is experiencing regulation amendment fatigue.
- Architects already operate under a robust regulatory system that does not need rewriting to improve housing quality.
- The Architects Act is strong, proven consumer protection that upholds the quality of the built environment.
Next Steps
We support reforms that improve efficiency without compromising safety, design integrity or professional standards.
We will continue monitoring details—especially MMC definitions, certification requirements and approval authority changes—and will provide informed, member-driven feedback throughout consultation.
Updates are set to be posted on NSW Building Commission website.