If you're a licensed construction worker, you must maintain your licence. To do this, you must:

  • follow eligibility and administrative requirements of your licence
  • complete your work under the relevant codes and standards
  • follow directions and other regulatory actions, and
  • know what's required for statutory warranties, insurances, and licensing contracts.

Licence responsibilities

The Construction Occupations (Licensing) Act 2004 includes licensing requirements and obligations for:

Builders

Licensed builders must do or supervise building work:

  • that complies with the Building Act 2004
  • is done in a proper and skilful way
  • is done in accordance with approved plans.

Builders must operate according to:

Licensing

Builders must be licensed to complete work that requires building approval.

Builders who employ or sub-contract other people to carry out building work, and other work such as electrical, plumbing and gasfitting, must make sure these people are appropriately qualified and, if required, licensed.

Insurance

Builders must have a residential building insurance policy (also known as housing indemnity insurance) or a fidelity certificate, which protects the owner against defective and incomplete work.

Protection is required for:

  • construction of certain kinds of residence
  • certain alterations or additions to certain kinds of existing residence where the work is valued at $12,000 or more.

In the ACT, insurance or a fidelity certificate provides for a maximum cover of $85,000.

The insurance or fidelity certificate will cover minor building work, such as built-in garages that form an integral part of the building, but not separate garages or carports. Builders can offer owners optional insurance for such building work if they wish.

Insurance is available through the Housing Industry Association. Fidelity certificates are available through the Master Builders Association. Builders may take out other insurance.

Consumer protection

The insurance or fidelity certificate covers:

  • incomplete building work due to the builder's insolvency, disappearance or death
  • defects that come to light after completion if the builder has died, disappeared or become insolvent.

Insurance or a fidelity certificate requires the insurer to be informed within 90 days of you becoming aware of the defect.

The insurance or fidelity certificate does not apply to a building still owned by the builder or by a developer. Insurance or a fidelity certificate begins when the title in the land is transferred to the purchaser. It expires five years after the day the certificate of occupancy is issued.

Evidence of insurance

Builders need to show evidence of their insurance to a client before providing a service. This includes advising the client if they do not have insurance.

Builders may ask the client to sign an acknowledgment that they have been told about their insurance arrangements. The acknowledgment must state the time and date it was given. If the client signs the acknowledgement, builders must immediately give them a copy.

Contracts

The contract builders sign with their client must:

  • be signed and dated by them and their client
  • state the builder's name and the client's name
  • have the address where the work is to be carried out
  • state the builder's licence details
  • state the start and completion dates
  • state the payment arrangements
  • have the plans and specifications attached
  • contain the statutory warranties
  • display the total contract price.

Find out more about building contracts.

Construction compliance

Builders should stay up-to-date with:

Notifications, inspections and approvals

Builders need to make an application for a commencement notice to their client's building certifier before they start building work. The client needs to sign this application.

The work can start once the certifier has issued the commencement notice. Builders must inform the building certifier when the work requires inspection.

Owner-builders

Owner–builders take on the same responsibilities as a licensed builder to do or supervise building work and ensure the building work they are the licensee for:

  • complies with the Building Act 2004
  • is done in a proper and skilful way
  • is done in accordance with approved plans.

Owner–builders:

  • are legally responsible for any building work they have done or supervised
  • may be given a rectification order to fix non-compliant work, even if the property has been sold
  • can be subject to other regulatory actions including prosecution for offences under the building and licensing laws.

Owner–builders must operate according to:

Licensing

Owner–builders must be licensed to complete work that requires building approval.

Owner–builders who employ or sub-contract other people to carry out building work, and other work such as electrical, plumbing and gasfitting, must make sure these people are appropriately qualified and, if required, licensed.

Insurance

Owner–builders do not need residential building insurance (also called warranty insurance). However, as you are in control of the building site, you do need to be aware of other insurance requirements such as workers' compensation for any workers that are involved in the project.

Owner–builders can check with their insurance provider for advice on insurance needs, including public liability and increasing the house insurance to cover additions.

Construction compliance

Owner–builders should stay up-to-date with:

Notifications, inspections and approvals

An owner–builder will need to make an application for a commencement notice to their building certifier before they can start building work. The work can start once the certifier has issued the commencement notice. Owner–builders must inform the building certifier when the work requires inspection.

Electricians

Electricians must do or supervise electrical wiring work in accordance with the:

Electricians should also make sure that any work they do does not affect compliance with other laws, such as bringing a building out of compliance with the building code.

Licensing

Electricians must be licensed to perform any electrical wiring work in the ACT.

Evidence of insurance

Electricians need to show evidence of their insurance to a client before providing a service. This includes advising the client if they do not have insurance.

Safety compliance

Electricians should stay up-to-date with:

Notifications, inspections and approvals

Electricians must submit a Certificate of Electrical Safety to the Electrical Inspectorate and the land owner within seven days of completing electrical wiring work.

The Electrical Inspectorate is responsible for inspecting all new electrical installations in the ACT.

Arrange an inspection after submitting a Certificate of Electrical Safety on:

Plumbers, drainers and gasfitters

Licensed plumbers, drainers and gasfitters must do or supervise work in accordance with the:

Licensing

Plumbers, drainers and gasfitters must be licensed to perform any plumbing, drainage or gasfitting work in the ACT.

Evidence of insurance

Plumbers, drainers and gasfitters need to show evidence of their insurance to a client before providing a service. This includes advising the client if they do not have insurance.

Safety compliance

Plumbers, drainers and gasfitters should stay up-to-date with:

Notifications, inspections and approvals

Plumbers and drainers must notify Access Canberra:

  • before beginning work
  • when work is ready for inspection
  • when work is completed.

Certified final drainage and plumbing plans must be registered with us before booking a final inspection.

Gasfitters are required to inspect and test appliances immediately after completing appliance work, to ensure they operate as per manufacturer's instructions and specifications. Gas installations may be inspected. Gasfitters must provide compliance certificates to Access Canberra on completion of all gasfitting work.

Gasfitters must also notify Access Canberra of any unsafe appliances and defect tags.

Appointment times for inspections can be made by contacting the Mitchell Service Centre. All work notified must be available to inspect.

Building surveyors (certifiers)

Building surveyors (also known as building certifiers) must complete work and operate according to the:

Licensing

Building surveyors must be licensed to perform any building certification work in the ACT.

Insurance

Professional indemnity insurance should include:

  • a minimum limit of indemnity of $1 million for any one claim
  • a minimum limit of indemnity of $1 million for the total of all claims against the insured made in the period of cover, and
  • a minimum limit of indemnity for the costs and expenses of defending or settling a claim of 20 per cent of the limit of indemnity for the claim.

Evidence of insurance

Building surveyors need to show evidence of their insurance to a client before providing a service. This includes advising the client if they do not have insurance.

Notifications, inspections and approvals

A building surveyor is responsible for:

  • issuing the building approval
  • issuing a commencement notice
  • ensuring housing indemnity insurance or a fidelity certificate is in place before work begins
  • giving copies of the plans to the Construction Occupations Registrar for record keeping
  • conducting certification inspections during construction
  • issuing the certificate of completion once the building work has been satisfactorily completed.
Building assessors

Building assessors must complete work and operate according to the:

Energy efficiency rating statements must meet the requirements of the Construction Occupations (Licensing) Building Energy Efficiency Assessment Sale and Lease of Residential Premises Code of Practice 2016.

Licensing

Building assessors must be licensed to perform any energy efficiency certificates or energy efficiency rating statements in the ACT.

Insurance

Building assessors are expected to have insurance to cover situations that may be legally challenged by a client who believes the assessor has provided incorrect ACT House Energy Rating Scheme (ACTHERS) assessment information.

Assessors need to indemnify themselves against any claims for losses or damages of any nature that may occur as a result of any act or omission made in the assessment.

Notifications, inspections and approvals

Class A building assessors who are conducting site assessments for the purposes of sale of premises advertising must lodge energy efficiency rating statements and accompanying documents to the registrar within 10 working days.

For mandatory disclosure ratings the assessor must give you a copy of the energy rating statement. The statement needs to have, on the first page:

  • an imprint of the assessor's stamp stating the number of points and stars achieved by the dwelling
  • the date the assessment was completed
  • the assessor's printed name, signature and registration number.

A rating summary sheet should be attached with a detailed house data table and, for properties that have been occupied and are being sold, an 'Improving your rating' sheet and, in cases where a statutory declaration is to be provided, a signed, dated and witnessed declaration.

Random site assessments of sale of premises properties are conducted by compliance officers to verify site findings with building assessor supplied energy efficiency rating statements. Discrepancies in these findings are raised with the building assessor.

Gas appliance workers

Gas appliance workers must complete work and operate in accordance with the:

Licensing

Gas appliance workers must be licensed to perform any gas appliance work in the ACT.

Safety compliance

Gas appliance workers should stay up-to-date with:

Notifications, inspections and approvals

Gas appliance workers are required to test appliances immediately after completing appliance work, to ensure they operate as per manufacturer's instructions and specifications. Gas installations may be inspected.

Gas appliance workers, in some instances, will need to notify Access Canberra of the installation.

They must notify Access Canberra of any unsafe appliances and defect tags.

Plumbing plan certifiers

A plumbing plan certifier is responsible for certifying drainage plans to ensure they are drafted in accordance with the legislation and Australian standards.

Plumbing plan certifiers must complete work and operate according to the:

Licensing

Plumbing plan certifiers must be licensed to perform any perform any sanitary plumbing work and any sanitary drainage work in the ACT.

Insurance

Professional indemnity insurance should include a minimum limit of liability of $1 million for each period of insurance.

Evidence of insurance

Plumbing plan certifiers need to show evidence of their insurance to a client before providing a service. This includes advising the client if they do not have insurance.

Notifications, inspections and approvals

Certified final drainage and plumbing plans must be registered with Access Canberra before booking a final plumbing inspection.

Architects

Services provided by an architect or architectural firm need to comply with the Architects Act 2004.

Architects design buildings and can manage the design and construction process. Architects can assist in setting a budget, guide you through approval processes, obtain quotes for work, and manage consultants if needed.

Architects have several professional responsibilities when providing architectural services.

Registration

Individuals who provide an architectural service must hold a registration as an architect in the ACT.

Advertising

Architects must be registered to advertise architectural services. If you are registered, your advertisement can refer to the terms registered architect, architect and architectural services and must include your full name and registration number, or in the case of a firm, the full name of the primary nominee and registration number.

Insurance

Architects need to show evidence of the insurance they hold to a client before providing a service. This includes advising a client that they do not have insurance if that is the case.

You may ask a client to sign an acknowledgment that they have been told about your insurance arrangements. The acknowledgment must state the time and date it was given. If the client signs the acknowledgement, you must immediately give them a copy. In the case of a dispute, you will need to provide proof you advised your client of insurance arrangements.

Regulation

Something gone wrong with the services provided by an architect or their conduct?

The first step is to try to resolve it with the architect and their company/organisation. Often the matters are contractual and can be resolved effectively between parties.

However, if you are not satisfied by the outcome, the matter is unresolved, or the complaint is about an architect’s registration or conduct, you can lodge a complaint with Access Canberra.

Access Canberra can investigate any contraventions of the Architects Act 2004 or the Fair Trading (Australian Consumer Law) Act 1992.

Complaints may result in disciplinary action for architects.

Registered architects must follow the Architects Act 2004.

Evidence of your licence and insurance

People who want to hire you can check if your licence is current on the list of construction professionals. This includes any endorsements, conditions or restrictions.

If you have a construction occupations licence when you work for a client, you also need to show them your insurance. This is required under the section 47 of the Construction Occupations Licensing Act 2004. You need to do this even if the client has not asked if you have insurance.

Bankruptcy or personally insolvent

If you're a licensee and become bankrupt, insolvent, or your corporation or partnership is subject to a winding up order or external administration, you must notify the Construction Occupations Registrar. You must do this within 24 hours as it may affect yours or your corporation or partnership’s ability to continue holding a licence.

Offences involving fraud, dishonesty and violence

If you're found guilty of fraud, dishonesty or violence in the ACT, you must notify the Construction Occupations Registrar. You must report these offences within 24 hours. This applies whether you're sentenced to imprisonment or not.

Advertising your service

If you're a licensed corporation, partnership or individual, and want to advertise your service, you need to include:

  • your name as recorded on your licence
  • your licence number, and
  • for a corporation, its ACN.

Examples of advertising, under Section 83 of the Construction Occupations (Licensing) Act 2004, include:

  • letters, business cards, sample contracts, brochures
  • any signage including on vehicles
  • radio and print advertising, or
  • clothing with the construction licensee’s name on it.

Please note, these examples are not exhaustive.

Changing your licence details

If any of your licence details change, you must notify the Construction Occupations Registrar within 2 weeks of the change. This includes but is not limited to details such as name, business address, and contact details.

For corporation licences, in addition to the above changes, you must also notify the Environment, Planning and Sustainable Development Directorate (EPSDD) of change of directors or change in the contact person.

You can do this by completing the Update licence or registration details form.

Work health and safety requirements

There are work health and safety standards and practices you’ll need to follow for the type of work you're doing. Some of these include:

  • completion of asbestos awareness training
  • possession of a general construction induction card, or
  • completion of silica awareness training.

To find out more information on the work health and safety standards and practices you need to follow, you can visit the WorkSafe ACT website.

Water and energy efficiency

The energy performance of a new building must be demonstrated when applying for building approval. The building certifier will require proof that a building will meet the mandatory minimum energy efficiency standards as part of determining whether to give building approval.

Find out more about energy efficiency responsibilities

When building, redeveloping or significantly extending a property, you need to demonstrate how your plans meet a 40 per cent water efficiency target. This applies to all residential, commercial and industrial developments.

Find out more about water efficiency responsibilities