Building reform

Effective licensing and regulation of building practitioners is the foundation of a robust building industry that delivers buildings that are safe, compliant and of good quality.

Currently, dispute resolution, licensing and regulation of the building industry is administered by three different Government departments.

KPMG Australia is undertaking an independent review of the administrative arrangements for the licensing, regulation and dispute resolution for building and will make recommendations for an alternative administrative model that is appropriate to the size and context of the NT.

Effective and streamlined administration is aimed at ensuring that matters can be dealt with in a more efficient way and that the system can appropriately respond in a timely manner as it relates to enforcement and regulation of the industry when there is unsatisfactory conduct.

The review commenced in October 2023 and is expected to take 6 months to complete.

Independent Third Party Review

The Building Regulations 1993 were amended on 31 January 2022 to introduce the requirement for an independent third party review of the structural designs for significant and complex buildings.

The introduction of Independent Third Party Reviews means any significant and complex building work is required to have its structural design reviewed by another qualified, experienced and independent structural engineer before a building permit can be issued by a building certifier.

Find out more about Independent Third Party Review.

Strengthening Practitioner Discipline

In August 2022, the Building Act 1993 was amended to strengthen disciplinary action available to the Building Practitioners Board to respond to serious professional misconduct by building practitioners.

The amendment increased the maximum civil penalties for building practitioners from 40 penalty units to 160 penalty units for individuals and 800 penalty units for corporations, bringing them in line with other jurisdictions. The amendment also increased the timeframe subject to an inquiry for a practitioner
who is no longer registered from three years to seven years.

For more information on priority building reforms, email bas.policy@nt.gov.au.

Starting on 15 April 2025, all building contractors wanting to undertake class 1b and classes 3 to 9 building work in the Northern Territory must become registered as commercial building contractors.

Building contractors do not need to hold building contractor commercial license to carry out some renovations or non-structural alterations to commercial buildings, in which there is no:

• increase in the floor area
• increase in the height
• alteration to or removal of any structural support element, and
• change in the use or classification of the building.

In accordance with Section 208 of the Building Act 1993, in relation to commercial building work for which a building permit was granted before 15 April 2025, commercial building work may be carried out in accordance with the Act as if part 3 (Building Practitioners) of the amending Act had not commenced. This section determines it is an offence to carry out commercial building work after 15 April 2025, without building contractor commercial registration.

This requirement applies even if the building design had substantially progressed prior to 15 April 2025. If the building permit was not issued before this date, the work must still be undertaken by a registered building contractor commercial.

In addition, planning approval granted before 15 April 2025 does not exempt the building work from requiring a registered commercial building contractor, particularly if the building permit is issued on or after that date.

It is the owner’s obligation to meet all the requirements to obtain building permit before the commercial building works commence.

Failure to follow the correct legal process can result in penalties. To ensure all parties are protected, building owners and certifiers must refer to section 208 of the Act.

For details on the requirements of registration for commercial building contractors please refer to the Building Practitioners Board and the Ministerial Determination from the Minister of Trade, Business and Asian Relations PDF (274.9 KB).

The Ministerial Determination No S23 that was gazetted on 14 April 2025 outlines the experience criteria for registrations in all categories of building practitioners for the Northern Territory.

For general information regarding building permit requirements email bas.policy@nt.gov.au.

For other enquiries regarding the building contractor commercial’s registration and application process and licensing requirements, email the Building Practitioners Board at bpb@nt.gov.au.