A Step Closer To Decennial Liability Insurance

The NSW Fair Trading and Building Legislation Amendment Bill 2026 has now passed both houses and received assent (although at the time of publication the majority of the amendments await commencement on a date or dates to be proclaimed).

We provide a quick recap of the major changes, with few amendments having been made by the Legislative Council.

The Bill:

• replaces the concept of a business day with a working day under the Building and Construction Industry Security of Payment Act, but not the definition, to align it with the Interpretation Act
• amends the Design and Building Practitioners Act to remove the restriction on the regulation making power to exempt building practitioners from professional indemnity insurance. The current regulation making power requires a new regulation every 12 months. The amendment removes that, meaning that the exemption for building practitioners may continue indefinitely, until such time as the market matures sufficiently to offer professional