If a corporation or partnership wants to provide, or advertise to provide, certain construction services in the ACT it will need a licence. This includes construction services by a:
- building surveyor
- electrician and electrical contractor class
- plumber, drainer and gasfitter
- plumbing plan certifier
- works assessor
Corporations and partnerships are not eligible to hold licences in other occupations under the Construction Occupations (Licensing) Act.
Other business types, such as trusts, are not eligible to be licensed and cannot provide work that requires a licence.
Corporations and partnerships must have at least one nominee to be eligible to be licensed.
In addition to the usual licensing documentation, other eligibility criteria apply:
- If the applicant is a partnership, they must show evidence of the existence of the partnership and state the name of each partner.
- If a partner is a corporation they must state the partner’s ACN.
- If the applicant is a corporation and the history of the corporation is on a database kept by the Australian Securities and Investments Commission, an extract about the history of the corporation from the database must be provided.
- If the proposed nominee is an employee, evidence of the individual’s employment contract or agreement is required
Your nominee is an individual who is licensed to undertake a construction occupation in the ACT. Corporations or partnerships must appoint one or more valid nominee/s to supervise the construction service that will be authorised under that licence.
To be appointed as nominee individuals must:
- hold a current ACT construction licence
- be able to adequately supervise the construction services provided by the corporation or partnership they will be the nominee for
- agree in writing to be appointed as a nominee
The appointment must state the services for which the nominee is responsible. A nominee may only carry out the functions in relation to the construction services their appointment is for and can't exercise functions in relation to work that the nominee is not licensed to do.
A nominee for a corporation must be a current director or an employee of the company they intend to be appointed to. A nominee for a partnership must be a partner or the nominee of a corporation that is a partner in the partnership.
If a licensed corporation or partnership has more than one nominee they must keep a written record of the construction services each nominee is responsible for supervising. Between them, the nominees must be able to adequately supervise all the construction services to be provided at all times.
Individuals automatically stop being nominees if they are no longer eligible, including if disciplinary action results in disqualification. A construction occupation licensee must notify the Construction Occupations Registrar in writing within two weeks after the day the person becomes or stops being a director or nominee.
Start your application
To start your corporation and partnership licence application, collect your evidence and review the fees. Then complete and lodge:
- A Construction and workplace licensing company or partnership application
- A Notification of voluntary cancellation of a construction occupation licence
Note, you can start an online application and save it to return to later. Your application won’t be submitted until the documents are lodged and fee paid.
An assessment and decision on a complete application is estimated to take a minimum of four weeks from the date the application is received.
If your application is incomplete, or we need more information or verification, the assessment will take more time. Requests for more information will be sent to you via email.
Assessments of applications will not be fast tracked in any circumstances.
If granted a corporation and partnership licence, the corporation or partnership is responsible for the administration and compliance requirements of that licence. This includes:
- complying with your obligations under the legislative framework
- responding to any requirements described by the nominee as required to achieve compliance with requirements for the construction service
- rectifying issues that may arise with the quality of your work
- understanding the requirements for advertising, insurances, contracts and other obligations
Resigning as a Nominee (revocation of a nominee’s appointment)
Nominees may resign their appointment only with the approval of the Construction Occupations Registrar. The Registrar must be satisfied that:
- the nominees cannot exercise their functions because of mental or physical incapacity
- there are arrangements for other nominees to take over outstanding work
- the entity that appointed the nominee has refused to comply with a mandatory requirement of the nominee (to do something to comply with an Act), or
- it is otherwise appropriate to approve the resignation
The Construction Occupation Nominees Appointment or Removal smartform is to be used for the appointment or removal of nominees under the Construction Occupations (Licensing) Act 2004. Please ensure that the nominee and a Director of the company or Partner of the partnership have consented to this form being completed.
Find out how to:
- Construction safety portal
- Worksafe ACT
- Application for Construction Occupation Nominees Appointment or Removal
- Construction Occupations (Licensing) Act 2004
- Construction Occupations (Licensing) Regulation 2004
- ACT Civil and Administrative Tribunal Act 2008
Contact us for more information.