Governments around Australia have until 1 May to decide whether they will accept or reject new building rules that could significantly reduce the number of single-sex toilets in public buildings.
The changes come through the National Construction Code 2025, which gives developers the option to replace up to half of the required male and female toilets in a building with so-called ‘all-gender’ toilets.
If adopted, the rules would affect a wide range of public spaces, including schools, workplaces, shopping centres and sports venues.
What the New Code Allows
The updated code, published on 1 February 2026, permits developers to substitute up to 50% of male and female toilets with shared facilities. While presented as an option for building designers, the practical effect could be fewer dedicated women’s and men’s toilets in many public settings.
We’ve raised concerns that reducing the number of single-sex facilities risks compromising privacy and safety for women and girls – and we’ve already been proven right. In the ACT, where these facilities already exist, there are reports of girl dropping out of sport because they don’t want to change clothes in the same changing rooms as men.
Women and girls deserve safe, private spaces in public buildings. Removing or reducing women’s toilets puts their safety and dignity at risk. Victims of sexual violence, young girls, mothers with children and older women often depend on separate facilities for safety and comfort.
A Policy Contradiction
The issue is particularly significant in NSW, given the Government’s recent position on public toilets.
Earlier this year, the NSW Government rejected recommendations from a parliamentary inquiry that proposed single-use ‘all-gender’ cubicles in public toilets. At the time, it said public toilets were primarily the responsibility of local councils and that there was no need for new laws governing their design.
However, the Government has not yet indicated whether it will reject the new construction code provisions that would allow developers to introduce all-gender facilities in place of existing male and female requirements.
So which one is it? The Government cannot say it opposes forced all-gender toilets in one policy and then allow it to happen through the building code.
Some Good News
The Tasmanian Government has confirmed it will not implement the changes, maintaining existing requirements for single-sex facilities.
What Can You Do?
Decisions about the National Construction Code are now in the hands of state and territory governments. That means public input still matters.
If you care about protecting safe and private spaces for women and girls, go to our campaign below and use the email tool to contact your Building Minister today.
