Who must hold a current real estate agent licence (state-specific)?
The applicability test for Hold a current real estate agent licence (state-specific) (NSW Fair Trading, Consumer Affairs Vic and OFT Qld), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Some businesses
Applies when the business has industry: Real estate agents.
What the obligation is
Selling agents must hold a current licence issued by their state fair trading regulator.
Each state has its own real estate licensing regime — Property and Stock Agents Act 2002 (NSW), Estate Agents Act 1980 (Vic), Property Occupations Act 2014 (Qld), etc. Licences required for principal agents + branch managers. Continuing Professional Development (CPD) annual.
The applicability test
Applies when the business has industry: Real estate agents.
How the regulator frames it: Real estate agents (principal + employed).
What triggers it: Conducting real estate agency activities.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 34 of 35: no).
| Industry | Answer |
|---|---|
| Real estate agents | Yes |
| No | 34 other industries |
Business structure and size
Structure does not change the answer in real estate agents: for every structure the answer is "yes".
Size does not change the answer in real estate agents: 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 real estate agents with 6–19 employees, turnover $1M–$3M: applies. Industry: Real estate agents.
- Pty Ltd company in accountants & bookkeepers with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Real estate agents.
What you must do, and when
- When due
- Continuous; annual renewal + CPD.
- Frequency
- Annual
- Evidence to keep
- Current licence; CPD records; trust account audit.
- Status
- Current
- Priority
- Critical
Penalty for not complying
Maximum penalty: Operating without licence is criminal offence; suspension/cancellation; civil penalties under Property Acts.
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:
- Underquoting prohibition (NSW Property and Stock Agents Act 2002): applies to 100% of the same businesses (35.0× the overall rate)
- Underquoting prohibition (Vic Estate Agents Act 1980): applies to 100% of the same businesses (35.0× the overall rate)
- Designate an AML/CTF Compliance Officer: applies to 100% of the same businesses (4.4× the overall rate)
- Enrol with AUSTRAC as a reporting entity: applies to 100% of the same businesses (4.4× the overall rate)
- Maintain a written AML/CTF program: applies to 100% of the same businesses (4.4× the overall rate)
- Detect + enhance due diligence on Domestic + Foreign PEPs: applies to 100% of the same businesses (4.4× the overall rate)
Where it sits in the corpus
Rules Mate tracks 4 published obligations tagged "real estate", 1 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 NSW Fair Trading, Consumer Affairs Victoria and Office of Fair Trading Queensland.
NSW Fair Trading: Consumer protection, licensing (building, conveyancing, motor dealers), and tenancy regulator in NSW.
Consumer Affairs Vic: Victorian consumer protection, business licensing, tenancy, and incorporated associations regulator.
OFT Qld: Queensland consumer protection, licensing, and incorporated associations.
Free tools that help with this obligation:
Questions
- Who must hold a current real estate agent licence (state-specific)?
- Applies when the business has industry: Real estate agents.
- Do sole traders need to hold a current real estate agent licence (state-specific)?
- Yes. Looking in real estate agents and every size band, the engine's answer for a sole trader is: yes.
- Do businesses with 1–5 employees need to hold a current real estate agent licence (state-specific)?
- Yes (1–5 employees, turnover $100K–$1M).
- When is "Hold a current real estate agent licence (state-specific)" due?
- Continuous; annual renewal + CPD.
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.