Construction (residential & commercial) compliance obligations for a sole trader
Computed by the Rules Mate applicability engine for a sole trader in construction (residential & commercial) with 1–5 employees, turnover $100K–$1M, selling to consumers and small businesses.
Short answer: 34 obligations
34 Commonwealth obligations apply to a sole trader in construction (residential & commercial) with 1–5 employees, turnover $100K–$1M (14 critical), plus 16 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); 14 critical obligations apply.
What the structure changes
Compared with a Pty Ltd company of the same size in construction (residential & commercial), a sole trader picks up 0 Commonwealth obligations and drops 10.
- Does not apply: Apply for a Director Identification Number (Director ID)
- Does not apply: Comply with directors' general law and statutory duties
- Does not apply: Prevent insolvent trading (s 588G)
- Does not apply: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- Does not apply: Lodge the ASIC annual company statement and review fee
- Does not apply: Determine large proprietary company status annually
- Does not apply: Apply for a Tax File Number for new entities and partnerships
- Does not apply: Pay ASIC fees + lodge prescribed forms
- Does not apply: Discharge of directors' duties — practical evidence
- Does not apply: Beneficial ownership transparency (Tranche 3 — under consultation)
Critical Commonwealth obligations on this profile
- Pay superannuation on every payday (Payday Super) (You have employees (1–5))
- Pay employees in accordance with the applicable modern award (You have employees (1–5))
- Manage psychosocial hazards at work (You have employees (1–5))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (1–5))
- Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³) (Industry: Construction (residential & commercial))
- Australian Business Number (ABN) application (Every business carrying on an enterprise needs an ABN)
- Lodge Business Activity Statements at assigned frequency (Turnover above the $75K GST registration threshold)
- Hold a Construction Induction (White Card) before construction site work (Industry: Construction (residential & commercial))
Check whether these apply
- Comply with Heavy Vehicle Chain of Responsibility (CoR): only if you consign, pack, load or receive goods by heavy vehicle
- EPBC Act — assess + approve controlled actions affecting MNES: only if you propose an action likely to significantly affect a matter of national environmental significance
- Notify + remediate contaminated land (state): only if you own, occupy or caused contamination of land
- Maintain Hazardous Chemicals Register + manifest (WHS Reg): only if you use, handle or store hazardous chemicals
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
- Wash outbound marketing lists against the Do Not Call Register: only if you make outbound telemarketing calls
- Hold a Remote Pilot Licence / RPAS operator certificate (drones): only if you fly drones commercially
- Influencer + ad disclosure under ACL + AANA Code: only if you advertise to consumers or engage influencers
State and territory law
This page counts Commonwealth obligations only. Payroll tax, workplace safety, licensing and other state duties depend on where the business operates; the industry's state pages list them.
Other structures and industries
- Construction (residential & commercial): trust
- Construction (residential & commercial): pty Ltd company
- Construction (residential & commercial): public company
- Real estate agents: sole trader
- Accountants & bookkeepers: sole trader
- Precious metals & stones dealers: sole trader
- Fintech (non-bank): sole trader
- Banks & ADIs: sole trader
- General insurers: sole trader
Questions
- What compliance obligations apply to a sole trader in construction (residential & commercial)?
- 34 Commonwealth obligations apply to a sole trader in construction (residential & commercial) with 1–5 employees, turnover $100K–$1M (14 critical), plus 16 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); 14 critical obligations apply.
- What changes compared with a Pty Ltd company of the same size?
- A sole trader picks up 0 obligations and drops 10.
Related
- Construction (residential & commercial): all obligations
- Compliance obligations by structure
- Compliance obligations by industry, state and size
- Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³): does it apply to construction (residential & commercial)?
- Hold a Construction Induction (White Card) before construction site work: does it apply to construction (residential & commercial)?
- Comply with NSW Design and Building Practitioners Act 2020: does it apply to construction (residential & commercial)?
- Maintain VBA registration as builder / draftsperson / surveyor: does it apply to construction (residential & commercial)?
Sources
- Pay superannuation on every payday (Payday Super)
- Pay employees in accordance with the applicable modern award
- Manage psychosocial hazards at work
- Take reasonable and proportionate measures to prevent sex discrimination, sexual harassment and victimisation (positive duty)
- Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³)
- Australian Business Number (ABN) application
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.