The following example scenarios are designed to assist property developers and members of the public to better understand how the Property Developer Licensing Scheme will apply in relation to various project delivery models.
Please note that these scenarios are intended only to provide broad guidance on the application of the Act in different situations. These examples are not intended to replace legal advice.
Prospective applicants for a property developer licence are encouraged to get in touch with the Construction and Work Place Licensing team using the contact details below to discuss their licensing obligations.
It will be mandatory to hold a property developer licence from 1 October 2026. The requirement to hold a property developer licence is linked to existing touchpoints in the development process. If a project commences before, but is not finalised by, 1 October 2026, a licence may be required for residential building work to be undertaken. The following scenarios illustrate whether a property developer licence will be required, and for which activities.
| Scenario | Activities conducted before 1 October 2026 | Activities conducted from 1 October 2026 | Licence required | Why |
|---|---|---|---|---|
| Scenario 1 |
| No | Mandatory licence requirements not commenced for any development activity. | |
| Scenario 2 |
|
| No | No licence is required to commence or conduct building work is required if building approval is granted prior to 1 October 2026 and no dwellings are sold off-the-plan from 1 October 2026. A licence is not required to conduct building work because new section 69 (1) (c) in the Building Act, which will commence on 1 October 2026, requires that for a certificate of occupancy to be issued the registrar must be satisfied that the condition imposed on the building approval of having building work undertaken by a licensed property developer has been complied with. The condition imposed on BAs under new section 28AA of the Building Act, which requires a licensed property developer for building work, commences on 1 October 2026. This means that if a BA is issued any time before 1 October 2026, it won’t be subject to the condition under 28AA that requires a property developer licence for residential building work. |
| Scenario 3 |
| No | Mandatory licence requirements not commenced for these activities. | |
| Yes | Off-the-plan sales require a developer licence. | ||
| Scenario 4 |
| No | Mandatory licence requirements not commenced for these activities. | |
| Yes | Mandatory licence requirements will have commenced for applying for building approval. | ||
| Scenario 5 |
| No | Mandatory licence requirements not commenced for these activities. | |
| Yes | Mandatory licence requirements will have commenced for selling off-the-plan and applying for building approval. |
