You must apply for a corporation or partnership licence if you have a corporation or partnership in the ACT and want to provide or advertise to provide constructions services as one or more of the following construction occupations:

  • builder
  • building surveyor (private certifier)
  • electrician and electrical contractor
  • plumber, drainer and gasfitter
  • plumbing plan certifier
  • works assessor

Corporation or partnership eligibility

A corporation or partnership must meet the eligibility requirements under the Construction Occupations (Licensing) Act 2004.

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.

Corporations and partnerships must also hold policies and procedures for effectively managing and supervising the nominee and the corporation or partnership’s obligations under the licence, including arrangements for communicating regularly with the nominee in relation to the construction services provided by the corporation or partnership.

If a licensed corporation or partnership has more than one nominee, their policies and procedures must outline 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.

If the corporation or partnership is applying for a building surveyor, building assessor, works assessor, and plumbing plan certifier licence, it must have the appropriate insurance coverage as detailed under the licence types above.

Appoint a nominee

A corporation or partnership may have multiple nominees, and additional nominees can be appointed at any time, as long as they are an eligible nominee.

Removing a nominee

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

Nominees

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.
  • Be a current director or employee of the corporation, or partner of the 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.

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.

Nominee functions

Nominees hold the following functions:

  1. To supervise the construction services of the corporation or partnership for which the nominee is responsible, and
  2. To ensure that the relevant construction services comply with the COLA and the operational Acts, including the Building Act 2004 and National Construction Code.

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

Applying for a corporation or partnership licence

Step 1 – Gather required evidence to support your application

  • Evidence of corporation or partnership:
  • Evidence of insurance (if required).
  • A copy of the corporation or partnership’s policies and procedures.

Access Canberra will not accept company extracts that are more than 3 months old.

Step 2 – Start your 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 the fee is paid.

Note: all nominees must be licensed as individuals before applying.

Step 3 – Assessment

Once submitted, your application will be assessed to ensure you meet:

  • Eligibility requirements.
  • Insurance requirements.

Step 4 – Decision

Once the assessment of your application is complete you will either be offered a licence, or your application will be refused.

Please note, you may be offered a licence with conditions restricting the scope of works that can be undertaken under the licence.

If you are offered a licence you will need to pay a licence term fee of either 1 or 3 years. Fees are determined by the Fee Determination for the relevant financial year.

It will take up to 7 days for your licence to be published on the public register after your licence term fee is paid, and up to 21 days for a licence card to be printed and sent to you.

Timeframe

The assessment of your application will take at least 4 weeks.

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.

Appointing or removing a nominee

Step 1 – Gather required evidence

  • If a director of the corporation, a ‘current and historical’ company extract obtained through Australian Securities and Investments Commission (ASIC).
  • If a partner or the partnership, a copy of your signed partnership agreement.
  • In an employee of the corporation or partnership, a copy of the signed employment agreement.
  • For removal of nominee applications, additional information may be required to satisfy the registrar that it is appropriate to remove the nominee.

Access Canberra will not accept company extracts that are more than 3 months old.

Step 2 – Start your application

Note: all nominees must be licensed as individuals before applying.

Step 3 – Assessment

Once submitted, your application will be assessed to ensure you meet all appointment or removal requirements.

Step 4 – Decision

Once the assessment of your application is complete you will either have a nominee appointed or removed.

If the nominee is not eligible to be a nominee, you will be notified.

Corporation, partnership 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

Further information can be found on the licence responsibilities page.