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The NSW government has introduced legislation to Parliament to modernise property laws and give regulators more power to take disciplinary action.
New legislation has been introduced to the NSW Parliament with the aim of increasing the standards of construction while protecting consumers in the property industry.
The government said the Fair Trading and Building Legislation Amendment Bill 2026 proposes to clarify provisions regarding Decennial Liability Insurance (DCI).
DCI provides long-term liability insurance for home owners against costs arising from serious defects, such as those at Opal and Mascot Towers.
The NSW government said the bill will clarify the scope of coverage for apartment owners without compromising consumer protections.
Additionally, the bill will give NSW Fair Trading and the Building Commission NSW clearer powers to refuse applications and cancel licences obtained through misrepresentation or invalid qualifications.
Minister for Better Regulation and Fair Trading and Minister for Building Anoulack Chanthivong said the changes would enhance consumer confidence by providing more protection.
"These reforms tighten the rules for property and building professionals, by ensuring they can be held accountable for their actions before they enter the industry and after they leave,” Chanthivong said.
"By providing our regulators with stronger powers, we are also ensuring those with a track record of misconduct cannot simply rebrand and re-enter the industry.”
"The changes to legislation for Decennial Liability Insurance will also bring NSW one step closer to operationalising a scheme set to provide homeowners with nation-leading defect insurance.”
It will also strengthen Fair Trading’s ability to block unsuitable applicants, while closing loopholes that previously prevented the regulator from blocking professionals with a history of misconduct from entering the industry.
The Building Commission will also benefit from the new legislation, giving the regulator stronger powers to hold certifiers to account for misconduct, even if they leave the industry, preventing them from avoiding sanctions by surrendering their licence or letting it lapse.
NSW Building commissioner James Sherrard said the legislation changes would ensure a higher standard across the construction industry.
“These new laws will give Building Commission NSW the power to impose fines and disqualifications, even if a certifier accused of misconduct has left the industry.”
“Under the current framework, Building Commission NSW only has the power to cancel the entirety of a home-building related licence if the licence holder is found to have an invalid qualification.”
“These reforms will also allow us to address invalid qualifications in a more targeted way by giving us the power to cancel single authorities on a licence, rather than the whole licence,” Sherrard concluded.
ABOUT THE AUTHOR
Mathew Williams
Born in the rural town of Griffith NSW, Mathew Williams is a graduate journalist who has always had a passion for storytelling. Having graduated from the University of Canberra with a Bachelor of Sports Media in 2023, Mathew recently made the move to Sydney from Canberra to pursue a career in journalism and has joined the Momentum Media team, writing for their real estate brands. Outside of journalism, Mathew is an avid fan of all things sports and regularly attends sporting events across Sydney. Get in touch at
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