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Hold current QBCC licence for QLD building work

QLD building work > $3,300 requires QBCC licensing + minimum financial requirements.

criticalcurrentannualCriminal liability

Who must comply

Individuals and companies carrying out or contracting to carry out building work in Queensland, including subcontractors to licensed builders, and employees acting as nominees or site supervisors. A trust cannot hold a licence; the trustee must. Handyman work valued at no more than $3,300 (not electrical or plumbing, and not occupational work) does not need a licence.

What triggers it

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.

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 required

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.

Max 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))

Who must comply with this? The applicability test by industry, business structure and size.

Summary

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. Employees who supervise work, or who are responsible for its quality and conformity with plans, need a licence, and plumbing, drainage, gasfitting, chemical termite management, fire protection and mechanical services work need an occupational licence regardless of value. A builder who works unlicensed loses the right to be paid beyond limited cost recovery (s 42(3)-(4)). Licensees must also keep meeting the minimum financial requirements (MFR) and report on them annually.

Enforced by

Source legislation

Industries

Topics

buildingconstructionqld

Related

Frequently asked questions

Who must comply with current QBCC licence for QLD building work?
Individuals and companies carrying out or contracting to carry out building work in Queensland, including subcontractors to licensed builders, and employees acting as nominees or site supervisors. A trust cannot hold a licence; the trustee must. Handyman work valued at no more than $3,300 (not electrical or plumbing, and not occupational work) does not need a licence.
What triggers current QBCC licence for QLD building work?
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.
When is current QBCC licence for QLD building work 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.
What is the maximum penalty for current QBCC licence for QLD building work?
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))
What evidence is required for current QBCC licence for QLD building work?
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.

Source: https://www.qbcc.qld.gov.au/licences/start-your-career/when-you-need-licence. Rules Mate is not a law firm. Always verify against the live regulator source before acting.