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Duty of care changes in the construction industry

By David Bannerman
Principal

21 August 2026

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Those with defects seeking to rely on a negligence claim under the Design & Building Practitioners Act 2020 (D&BPA), would be well placed to consider obtaining advice about commencing litigation before the pending repeal of that legislation later this year.

The NSW Government is pushing significant reforms to meet the needs of the housing crisis, including the recently passed Building Approvals and Practitioners Bill 2026 which repeals the D&BPA. Liabilities and options will be changing upon the repeal of the Design and Building Practitioners Act 2020, potentially improving or downgrading certain people’s positions when it comes to responsibilities of defective building work.

This legislation will also overhaul the building approval system as well as introduce significant changes to certifiers for those in the construction industry.

For more information, please click here to read the full article.

Meet the Author

Jack De Giola

David Bannerman

Principal

David Bannerman is the principal of Bannermans Lawyers, Sydney’s leading Strata Law firm, providing specialised legal services for the strata, development, construction and the insurance industry focusing on group title structures.

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Those seeking to rely on a negligence claim under the D&BPA should consider obtaining advice about commencing litigation before the pending repeal of that legislation later this year.

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Meet the Team behind the insights

david bannerman

David Bannerman

Partner

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Kayla Khamis

Kayla Khamis

Senior Associate

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Jack De Giola

Jack De Giola

Senior Associate

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Daniella Elakcnouch

Daniella Elakcnouch

Lawyer

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Hannah Moait

Hannah Moait

Law Clerk

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