Eligibility and supporting documentation

Corporations and partnerships must have at least one nominee that holds the equivalent of the desired ACT construction licence applied for.

If the applicant is a partnership, evidence of the existence of the partnership will need to be provided.

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, a current and historical company extract must be provided.
  • If the corporation is less than three months old a company extract will need to be provided. Extracts can be obtained from Australian Securities and Investments Commission (ASIC).
  • If the proposed nominee is an employee of the corporation, a copy of the individual’s signed employment contract or agreement is required.

Nominees

The nominee must be 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.

Further information regarding nominee's rights and responsivities can be found in the Guide for Nominees of a corporation or partnership [139.1 KB].

Nominee eligibility

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 always be able to adequately supervise all the construction services to be provided.

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.

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.

Timeframe

An assessment of an application will take a minimum of four weeks from the date the complete 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.

Your responsibilities

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

Liability

The Constructions Occupations Registrar may make a Rectification Order on a licensee, former licensee and director of a construction service if the Registrar believes on reasonable grounds that the licensee or former licensee has provided a construction service otherwise in accordance with the Construction Occupations (Licensing) Act 2004, Building Act 2004 or other operational Act.

The Rectification Order would require the licensee or former licensee to take the action stated in the Order.

The Registrar can take action against a builder and directors of a company, despite being deregistered, for up to 10 years after the building is complete to rectify any required building work.

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 nominee 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

Removing or adding a nominee

To apply to appoint or remove a nominee complete the Construction Occupation Nominees Appointment or Removal form. Please ensure that the nominee and a Director of the company or Partner of the partnership have consented prior to this form being completed.