Whether you hold a QBCC Builder/Nominee Licence, Trade Contractor/Supervisor Licence or Site Supervisor Licence, understanding the QBCC’s fit and proper requirements is an important part of being licensed in Queensland.
These requirements apply across all QBCC licence classes, not just builders or company licence holders.
From changes in your business circumstances to financial or legal matters, there may be times when you need to provide information to the QBCC.
Knowing what is required, when to disclose and who to speak with can make the process much easier.
What Does Fit and Proper Mean for a QBCC Licence?
Under Section 31 of the Queensland Building and Construction Commission Act 1991, the QBCC considers a range of factors when assessing whether a person is fit and proper to hold a licence.
These include honesty, integrity, commercial conduct, licensing history and other relevant circumstances.
Fit and proper requirements apply to QBCC Builder, Trade Contractor and Site Supervisor Licences, as well as individuals involved in licensed companies.
These requirements are relevant when applying for a new licence and may also be considered in relation to existing licence holders.
What Information May Need to Be Disclosed to the QBCC?
Depending on your circumstances and the type of licence you hold or are applying for, the QBCC may require information about:
- Bankruptcy or insolvency: Personal bankruptcy, company insolvency or involvement in a business that has experienced financial difficulties.
- Criminal history or pending proceedings: Certain convictions or criminal matters, including circumstances unrelated to building work.
- Building-related offences: Disciplinary proceedings, regulatory action or offences relating to building work.
- Previous licensing matters: Licence suspensions, cancellations, refusals or other regulatory decisions.
- Changes to your business: Changes to company arrangements, financial circumstances or other information relevant to your licence.
Not all matters have the same disclosure requirements. Some must be declared as part of an application, while others may need to be reported by an existing licence holder.
Understanding the difference is an important first step, regardless of whether you hold a QBCC Builder, Trade Contractor or Site Supervisor Licence.
Where legal or financial matters are involved, working with your lawyer, accountant or financial adviser can help ensure the right information is provided.
What If Your Circumstances Change?
It’s not unusual for business or personal circumstances to change over time.
You might be restructuring your business, establishing a company, dealing with a financial matter or seeking advice about an issue outside the construction industry.
These situations don’t necessarily prevent you from holding a QBCC licence, but they may raise questions about your licensing requirements.
Whether you are a builder, tradesperson or site supervisor, getting advice early can help you understand your options and any information the QBCC may require.
Applying for a QBCC Company Licence?
If you already hold an individual QBCC licence and are looking to operate through a company, the company will need its own licence to carry out licensable building work.
The QBCC also considers the suitability of the company’s directors, secretary and influential persons.
This means that certain matters relating to individuals involved in the company may need to be considered as part of the application.
Having your licensing specialist work alongside your accountant or lawyer, where appropriate, can help bring together the information needed for your application.
How Construction Licensing Can Assist
At Construction Licensing, we understand that licensing matters aren’t always straightforward, particularly when personal, legal or financial circumstances are involved.
We provide practical guidance to help QBCC Builder, Trade Contractor and Site Supervisor Licence holders understand the QBCC’s requirements and what they mean for their individual circumstances.
We are also experienced in liaising directly with lawyers, accountants and financial professionals where their expertise is needed.
We can assist with reviewing licensing requirements, preparing supporting documentation and making submissions to the QBCC where appropriate, while your other professional advisers provide advice within their areas of expertise.
Our aim is to provide clear, honest guidance so you can move forward with confidence.
Need Guidance on QBCC Fit and Proper Requirements?
Whether you have questions about your existing QBCC licence, are applying for a new QBCC Builder, Trade Contractor, Site Supervisor or QBCC Company Licence, or simply want to understand your disclosure obligations, we’re here to help.
Construction Licensing provides specialist QBCC licensing guidance and application support for Queensland’s building and construction industry. Your privacy and confidentiality are important to us. All enquiries and licensing matters are handled in commercial confidence, with the utmost discretion, professionalism and respect for your personal and business information. For further details, please refer to our Privacy Policy.
Enquire About A QBCC Initial Licensing Consultation
Our guidance is based on our licensing experience and is not legal advice. The QBCC makes the final decision on licensing matters, so we cannot guarantee the outcome.
