Do construction (residential and commercial) businesses need to hold current QBCC licence for QLD building work?

Hold current QBCC licence for QLD building work. Section 42 of the Queensland Building and Construction Commission Act 1991 prohibits a person from carrying out, or undertaking to carry out, building work unless they hold a contractor's licence of the appropriate class, subject to the exemptions in Schedule 1A of the Act and Schedule 1 of the QBCC Regulation 2018. A business may need more than one licence class to cover its scope of work.

Trigger: Carrying out, offering or contracting to carry out building work in Queensland that is not exempt, or performing occupational work (plumbing, drainage, gasfitting, chemical termite management, fire protection, mechanical services) of any value.

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "Hold current QBCC licence for QLD building work" is no. Construction (residential & commercial) is one of the 1 where the answer is different: yes.

The deciding fact for construction (residential and commercial) businesses: Industry: Construction (residential & commercial)

About the industry: Builders, contractors, and subcontractors covered by the Building & Construction General On-site Award and high-risk WHS.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires industry: Construction (residential & commercial)).

Each cell is the engine's outcome for a business in construction (residential & commercial) with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

When due

Before any building work is carried out or offered, and for as long as the business operates. Annual financial reporting against the MFR applies to every company holding a contractor licence and to individuals with an approved maximum revenue over $800,000 (financial categories 1-7). The licence must be renewed before it expires.

Evidence to keep

Current QBCC licence of the correct class for each scope of work; nominee or supervisor licences where required; annual MFR financial report showing revenue within the approved maximum (not exceeded by more than 10% without notice) and a current-assets-to-current-liabilities ratio of at least 1:1; CPD records where required; records showing subcontractors hold the right licence.

Maximum penalty

Unlicensed building work (QBCC Act s 42(1)): 250 penalty units for a first offence, 300 penalty units for a second, and 350 penalty units or 1 year's imprisonment for a third or later offence or where the work is tier 1 defective work (an individual liable to the 350-unit maximum commits a crime, s 42(2)). The unlicensed builder also loses entitlement to payment beyond limited cost recovery (s 42(3)-(4))

Regulator

QBCC

Jurisdiction

QLD only

• Comply with NSW Design and Building Practitioners Act 2020: Only if
• Maintain VBA registration as builder / draftsperson / surveyor: Yes
• Asbestos management — workplace + dwelling rules (state): Yes
• Building work — comply with National Construction Code (NCC): Yes
• Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³): Yes
• EPBC Act — assess + approve controlled actions affecting MNES: Only if
• All 31 answers for construction (residential & commercial)