Who must hold current QBCC licence for QLD building work?
The applicability test for Hold current QBCC licence for QLD building work (QBCC), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Some businesses
Applies when the business has industry: Construction (residential & commercial).
What the obligation is
QLD building work > $3,300 requires QBCC licensing + minimum financial requirements.
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.
The applicability test
Applies when the business has industry: Construction (residential & commercial).
How the regulator frames it: 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.
Jurisdiction: Queensland law only. A business with no operations in QLD is outside it, whatever the rest of the test says.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 34 of 35: no).
| Industry | Answer |
|---|---|
| Construction (residential & commercial) | Yes |
| No | 34 other industries |
Business structure and size
Structure does not change the answer in construction (residential & commercial): for every structure the answer is "yes".
Size does not change the answer in construction (residential & commercial): at every size band the answer is "yes".
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: applies. Industry: Construction (residential & commercial)
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Construction (residential & commercial)
What you must do, and when
- 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.
- Frequency
- Annual
- 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.
- Status
- Current
- Priority
- Critical
Penalty for not complying
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))
Criminal liability
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
What usually applies alongside it
Across the 1,890 business profiles Rules Mate evaluates, these obligations apply to most of the businesses this one applies to, and are far more common among them than among businesses generally:
- Hold a Construction Induction (White Card) before construction site work: applies to 100% of the same businesses (35.0× the overall rate)
- Building work — comply with National Construction Code (NCC): applies to 100% of the same businesses (35.0× the overall rate)
- Maintain VBA registration as builder / draftsperson / surveyor: applies to 100% of the same businesses (35.0× the overall rate)
- Register for VIC portable LSL (construction): applies to 83% of the same businesses (35.0× the overall rate)
- Asbestos management — workplace + dwelling rules (state): applies to 100% of the same businesses (17.5× the overall rate)
- Hold a High Risk Work Licence for HRWL classes: applies to 100% of the same businesses (17.5× the overall rate)
Where it sits in the corpus
Rules Mate tracks 3 published obligations tagged "building", 3 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is a annual obligation.
Regulator, legislation and tools
Regulated by Queensland Building and Construction Commission.
QBCC: QLD building licensing, dispute resolution, home warranty insurance.
Free tools that help with this obligation:
Questions
- Who must hold current QBCC licence for QLD building work?
- Applies when the business has industry: Construction (residential & commercial).
- Do sole traders need to hold current QBCC licence for QLD building work?
- Yes. Looking in construction (residential & commercial) and every size band, the engine's answer for a sole trader is: yes.
- Do businesses with 1–5 employees need to hold current QBCC licence for QLD building work?
- Yes (1–5 employees, turnover $100K–$1M).
- When is "Hold 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.
Related
Sources
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.