Domestic Building & QBCC Matters

QBCC Licensing and Compliance

The QBCC is responsible for licensing contractors in Queensland's building industry. Anyone who carries out or supervises building work valued at $3,300 or more must hold a QBCC licence appropriate to the scope of work. Licence classes include Builder (Low Rise), Builder (Medium Rise), Builder (Open), and various trade contractor licences. The QBCC sets minimum financial requirements, technical qualifications, and experience criteria for each licence class. Licensees must also comply with ongoing obligations including maintaining appropriate insurance, notifying the QBCC of changes in circumstances, and complying with the BIF Act's payment requirements. Failure to maintain appropriate licensing can result in significant penalties, licence suspension or cancellation, and inability to enforce payment for work performed. Our team assists builders with licence applications, upgrades, renewals, and endorsements, including preparing financial statements, addressing QBCC queries, and representing licensees in disciplinary proceedings. We also advise on the implications of unlicensed contracting and the steps required to regularise licensing compliance.

Statutory Warranties and Home Warranty Insurance

Every domestic building contract in Queensland includes statutory warranties implied by the Queensland Building and Construction Commission Act 1991 (Qld). These warranties guarantee that the work will be carried out in an appropriate and skilful way, with reasonable care and skill, using materials that are good and suitable, in accordance with all relevant legal requirements, and fit for purpose. The statutory warranty period is six years for structural defects and twelve months for non-structural defects. The Queensland Home Warranty Scheme, administered by the QBCC, provides insurance coverage for homeowners if the builder dies, disappears, or becomes insolvent, covering up to $340,000 for footing and structural elements. Builders must take out home warranty insurance before carrying out domestic building work valued over $3,300. Our team advises both builders and homeowners on statutory warranty rights and obligations, prepares and responds to warranty claims, and assists with home warranty insurance applications and claims.

Owner-Builder Work and Permits

Homeowners in Queensland may carry out owner-builder work on their own home without holding a QBCC builder's licence, provided they obtain an owner-builder permit from the QBCC. Owner-builder permits allow homeowners to supervise and carry out building work on their own residence, including new homes, renovations, and additions. However, owner-builders are subject to strict limitations: they can only hold one permit in any six-year period, the work must be on the owner's primary place of residence, and the owner-builder cannot sell the property within six years without obtaining a defects inspection report or disclosing the owner-builder status to purchasers. Owner-builders are also ineligible for the Queensland Home Warranty Scheme, meaning any defects become the owner's personal responsibility. Our team advises homeowners on whether owner-builder is the right approach, assists with permit applications, and helps understand the legal obligations and risks associated with owner-builder work in Queensland.

Domestic Building & QBCC Matters FAQs (Queensland Law)