Licence requirements for a company, partnership or trust

There are various licence requirements for a company, partnership or trust.

Company

To understand how we define a company view the glossary definition of a company.

Company contractor-type licence

When operating a building or construction business as a company, the company entity must transact through a QBCC contractor-type licence, referred to as a company licence.

A company (contractor) licence is in one or more licence classes. The company is the financial entity who can contract to the public, builder, principal contractor or developer.

Nominee of a company

When issuing a company licence for building work, the QBCC requires a qualified person to be nominated as the technical expert of the company. The company nominee is responsible for ensuring building work undertaken by the company is adequately supervised and meets relevant standards and codes.

A nominee is a qualified individual who is an employee or officer (director, secretary) of the company.

The nominee:

• must be a director, secretary or an employee of the company
• must hold either a contractor or nominee supervisor type of licence in the same class as the company licence.
• will have their name publicly displayed as nominee on QBCC's Online Licence Search
• shares responsibility with the directors of the company in ensuring all building work complies with plans and specifications and is adequately supervised
• is responsible for upholding the level of expertise of the company's building work by ensuring the work undertaken meets standards and codes
• must maintain their licence to keep the company licence active
• must hold either:
  • a contractor-type licence
  • a nominee supervisor-type licence.

  Withdrawal of a nominee

  A company must maintain a nominee overseeing the technical work to be able to continue operating.

  QBCC requires notice to be given within 14 days of when a nominee ceases to act as a nominee for a company.

  Applying for a licence as a company

  When applying for a company licence you will need to complete a:

  • company licence application for the licence class that covers the scope you work you intend to contract for
  • if not already held—individual licence application in the same class for the company nominee. The can hold either a
    • contractor-type licence
    • nominee supervisor-type licence.

    Partnership

    If two or more people go into business together, they may form a legal partnership. In order for it to be considered a partnership, it must also have:

    • books of accounts
    • joint records
    • taxation returns related to the partnership.

    Partnership licensing requirements

    Unlike a company, a partnership is not recognised as a separate legal entity and can't be licensed. However, at least one of the partners must hold a contractor-type license as an individual or company.

    The licensed contractor is not able to enter into a partnership with a person who is any of the following:

    • an excluded or permanently excluded individual
    • a convicted company officer
    • a banned individual
    • a disqualified individual
    • an excluded company
    • a company for which one of the individuals listed above is a director, secretary, influential person or nominee.

    Responsibilities of licensed partner

    The licensed person or company in a partnership arrangement is responsible for:

    • the quality of all work carried out under the partnership
    • ensuring that the building work meets the required codes and standards
    • obtaining QBCC home warranty insurance – where applicable.

    Only the licensed contractor in the partnership agreement can enter into contracts and prepare quotations and tenders on behalf of the partnership. However, the names of all partners must be included in:

    • contracts and associated documentation
    • advertisements
    • site signage.

    Applying for a licence as a partnership

    The partner applying for the licence will need to complete an application for the licence class that covers the scope of work they intend to undertake. This may be either:

    • an individual licence application
    • a company licence application (plus individual licence for the nominee—if not already held).

    The application must include either a:

    • Partner declaration form (PDF, 266KB)
    • copy of a formal partnership agreement where a formal partnership agreement is in place.

    For more information about partnerships and financial reports see Financial reporting for licensees.

    Trust

    A trust cannot obtain a QBCC licence, only the trustee.

    The trustee of the trust must apply (as an individual or as a company) for a licence in the class that covers the scope of work they intend to undertake.

    Trustees will need to provide us with evidence of their business structure when applying for a licence.