Construction (residential & commercial) compliance obligations in Queensland: sole trader
Computed by the Rules Mate applicability engine for a sole trader with no employees, turnover $100K–$1M, in construction (residential & commercial), operating in Queensland and selling to consumers and small businesses.
Short answer: 17 obligations
17 obligations apply (8 critical) across 20 regulators, plus 13 to check. Risk rating: low. No licensed regime, no employees and not an APP entity — your obligations are mainly tax, consumer law and the general WHS duty.
Sole trader or company: what changes
Compared with the same business run through a Pty Ltd company with no employees in Queensland, 0 obligations apply that did not, and 10 drop away.
- No longer applies: Apply for a Director Identification Number (Director ID)
- No longer applies: Comply with directors' general law and statutory duties
- No longer applies: Prevent insolvent trading (s 588G)
- No longer applies: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- No longer applies: Lodge the ASIC annual company statement and review fee
- No longer applies: Determine large proprietary company status annually
- No longer applies: Apply for a Tax File Number for new entities and partnerships
- No longer applies: Pay ASIC fees + lodge prescribed forms
What switches on when you take on staff
Moving to a sole trader with 1–5 employees, turnover $100K–$1M adds 20 obligations:
- 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
- Withhold PAYG from employee and contractor payments
- Provide 10 days paid family + domestic violence leave (FDV)
- Document VEVO checks + retain employer records (s 245AYL Migration Act)
- Casual employment definition + conversion (Closing Loopholes 2024)
- Report under Single Touch Payroll Phase 2
- Honour employees' right to disconnect (s 333M)
Queensland law that applies
2 Queensland obligations apply on these facts, and 2 more are worth checking:
| Obligation | Why it applies |
|---|---|
| PCBU primary duty of care (QLD WHS Act s 19) | Every business is a PCBU — the primary duty of care applies whether or not you employ anyone · QLD law |
| Hold current QBCC licence for QLD building work | Industry: Construction (residential & commercial) · QLD law |
| QLD development assessment (Planning Act 2016) | Check: applies only if you propose development requiring consent or a permit |
| Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care | Check: applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title |
Payroll tax in Queensland (FY2026-27)
QLD: 4.75% on Australian wages above the $1.3 million tax-free threshold (FY2026-27). On these facts the business is below the Queensland threshold, so payroll tax does not apply yet.
- How the threshold works
- Deduction of $1.3M reduces by $1 for every $7 of Australian wages above $1.3M, reaching nil at $10.4M.
- Surcharges
- Mental health levy: 0.25% of Queensland wages above $10M (Australian wages >$10M); additional 0.5% above $100M.
- Regional concession
- 1% rate discount for eligible regional employers (to 30 June 2030)
- Returns
- Monthly by the 7th of the following month; annual reconciliation by 21 July
- Administered by
- QRO
Queensland regulators
- Workplace Health and Safety Queensland (WHSQ)
- Queensland Revenue Office (QRO)
- Office of the Information Commissioner Queensland (OIC Qld)
- Office of Fair Trading Queensland (OFT Qld)
- Queensland Department of Environment, Science and Innovation (DES Qld)
- Office of Liquor and Gaming Regulation (Queensland) (OLGR Qld)
Where the obligations sit
| Area | Obligations |
|---|---|
| Whs | 5 |
| Tax | 4 |
| Privacy | 2 |
| Consumer law | 2 |
| Building | 1 |
| Construction | 1 |
| Marketing | 1 |
| Records | 1 |
Critical obligations on this profile
- 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))
- Asbestos management — workplace + dwelling rules (state) (Industry: Construction (residential & commercial))
- Building work — comply with National Construction Code (NCC) (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
- 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
- QLD development assessment (Planning Act 2016): only if you propose development requiring consent or a permit
Thresholds to watch
- Lose the Privacy Act small-business exemption at $3M annual turnover (removal of the exemption altogether is proposed, not yet law) (threshold $3M; approaching)
Questions
- How many compliance obligations apply to construction (residential and commercial) businesses in Queensland run as a sole trader with no employees?
- 17 obligations apply (8 critical) across 20 regulators, plus 13 to check. Risk rating: low. No licensed regime, no employees and not an APP entity — your obligations are mainly tax, consumer law and the general WHS duty.
- Which Queensland laws apply?
- PCBU primary duty of care (QLD WHS Act s 19) and Hold current QBCC licence for QLD building work.
Related
- Construction (residential & commercial) compliance in Queensland
- Construction (residential & commercial): all obligations
- Compliance obligations by industry, state and size
- Construction (residential & commercial) in QLD: sole trader with employees
- Construction (residential & commercial) in QLD: partnership
- Construction (residential & commercial) in QLD: trading trust
- Construction (residential & commercial) in QLD: no employees
- Construction (residential & commercial) in QLD: 1–5 employees
- Construction (residential & commercial) in QLD: 100–499 employees
- Construction (residential & commercial) in QLD: 20–99 employees, turnover $1M–$3M
- Construction (residential & commercial) in QLD: 6–19 employees, turnover $3M–$10M
- Construction (residential & commercial) in QLD: 100–499 employees, turnover $100M–$1B
- Construction (residential & commercial) in QLD: 500+ employees, turnover $1B+
- Construction (residential & commercial) in New South Wales: sole trader
- Construction (residential & commercial) in Victoria: sole trader
- Construction (residential & commercial) in Western Australia: sole trader
- Construction (residential & commercial) in South Australia: sole trader
- Construction (residential & commercial) in Tasmania: sole trader
- Construction (residential & commercial) in Northern Territory: sole trader
- Construction (residential & commercial) in Australian Capital Territory: sole trader
- 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
- QRO: payroll tax thresholds and rates
- PCBU primary duty of care (QLD WHS Act s 19)
- Hold current QBCC licence for QLD building work
- Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³)
- Australian Business Number (ABN) application
- Lodge Business Activity Statements at assigned frequency
- Hold a Construction Induction (White Card) before construction site work
- Asbestos management — workplace + dwelling rules (state)
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.