Most Read Contributor in Australia, September 2016
On 1 December 2013 the Queensland Building Services Authority
became the Queensland Building and Construction Commission (QBCC).
This update overviews some important changes which are now in
New Licensing Body and Laws
The relevant Act and Regulations which govern the QBCC as the
new licensing regulator are now called the Queensland Building
and Construction Commission Act 1991 (QBCC
Act) and the Queensland Building and Construction
Commission Regulation 2003 (Regulations).
New exemptions regarding the requirement to have a licence when
carrying out building work
Generally, if you carry out building work for which you are not
appropriately licensed, you will not be entitled to full payment
for that work and you can not claim under the Building and
Construction Industry Payments Act 2004 (Qld)
The QBCC Act now provides:
an unlicensed subcontractor that carries out building work for
a trade contractor (not being a builder) that holds the appropriate
class of licence under the QBCC Act is not in breach of the
an unlicensed contractor that enters into a contract to carry
out building work does not breach the law if the work is carried
out by an appropriately licensed subcontractor,
and the work is not residential construction work
or domestic building work.
Work that is now not considered 'building work' under
The new Regulations now provide that the following will not be
considered building work (and therefore do not require a
the construction, extension, repair or replacement of a water
reticulation system, sewerage system or stormwater drain, other
than works connecting a building to a main
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 commenced on 15 November. (These amendments
were urgently rushed through to protect civil contractors as a
result of the Ooralea Developments decision).
What this means for contractors and subcontractors
If you are a subcontractor, a QBCC licence will not be required
for carrying out building work as long as the trade contractor to
whom you are subcontracted to holds the appropriate licence for
If you are a contractor, a QBCC licence will not be required for
building work which forms part of your scope of work as long as you
engage an appropriately licensed subcontractor to carry out that
part of building work (unless the work is residential construction
or domestic building work).
In both instances, you will remain entitled to full payment for
work completed and you will still have rights under BCIPA.
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.
The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
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).