Most Read Contributor in Australia, September 2016
Recent changes to the Queensland Building Services Authority
Act 1991 (Qld) (QBSA Act) and Queensland
Building Services Authority Regulation 2003 (Qld) (QBSA
Regulations) give relief to contractors who do not have a
New exemptions regarding the requirement to have a licence when
carrying out building work
If you carry out building work for which you are not
appropriately licensed, you would not be entitled to full payment
for that work and you could not claim under the Building and
Construction Industry Payments Act 2004 (Qld)
Changes to the QBSA Act now mean that:
an unlicensed subcontractor that carries out building work for
a contractor that holds the appropriate class of licence under the
QBSA Act is not in breach of the Act
an unlicensed contractor that enters into a contract to carry
out building work does not breach the QBSA Act if the work is
carried out by an appropriately licensed subcontractor,
and the work is not residential construction work
or domestic building work.
The QBSA Act changes commence on 1 December 2013.
Work that is now not considered 'building work' under
New Regulations have recently come into force to make it clear
that the following will not be considered building work under the
QBSA Act (and therefore do not require a licence):
the construction, extension, repair or replacement of a water
reticulation system, sewerage system or stormwater drain, other
than works connecting a building to a mains
the construction, maintenance or repair of a road or a tunnel
for a road, including an area of land developed, or to be
developed, for the public use of driving or riding of motor
vehicles, other than a driveway to a private property.
The new Regulations concerning building work have already
What this means for contractors and subcontractors
If you are a subcontractor, a QBSA licence will not be required
for carrying out building work as long as the head contractor holds
the appropriate QBSA licence for that work. In this case you will
remain entitled to full payment for work completed and you will
still have rights under BCIPA.
If you are a contractor, a QBSA licence will not be required for
building work which forms part of your scope of work as long as you
engage an appropriate licensed subcontractor to carry out the
building work (unless the work is residential construction or
domestic building work). In this case you will remain entitled to
full payment for work completed and you will still have rights
If you wish to discuss anything in this article or in relation
to the amendments to the QBSA Act, please contact us.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Many retail leases include a covenant to trade, requiring the tenant to open the premises for trade during certain hours.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).