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ARTICLE · 04 SEPTEMBER 2020

No licence for building work in Queensland, no problem …until now

Holding Redlich
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Contractors will no longer be able to enter into contracts to undertake to carry out building work, without a licence.

AustraliaReal Estate and Construction
Suzy Cairney
Suzy Cairney
Krystal Bentivoglio
Krystal Bentivoglio
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Under the Queensland Building and Construction Commission Act 1991  (QBCC Act), an unlicensed person cannot legally carry out, or undertake (i.e., contract) to carry out, building work unless they hold a licence of the requisite class. If such a person is found to have carried out building work without the appropriate licence, their entitlement to payment is limited to specific amounts identified in the QBCC Act and no profit is claimable.

Unlicensed building work is an offence under the QBCC Act with a penalty up to:

  1. 250 penalty units ($33,362.50) for the first offence
  2. 300 penalty units ($40,035.00) for the second offence
  3. 350 penalty units ($46,707.50)1 or up to one year's imprisonment for a third or later offence or if the work is also a tier 1 defective work (and it's also a crime).

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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