Building Company Registration
Since 1 July 2018, new registration requirements apply to companies that either enter into major domestic building contracts or are named on building permits as the builder for certain types of work.
These changes do not affect sole traders, who may continue to carry out building work.
Application forms for company registration
You can now apply to register your company by completing the following forms:
- Company Registration Application Form
- Company Registration Director’s Declaration
- Company Registration Renewal Form
Note: Each director of your company must complete the Director’s Declaration and National Police Check, whether they are a registered building practitioner or not. Instructions are provided on each form.There are instructions for completing the National Police Check in the application form.
Company Registration: What you need to know
After 1 July 2018, your company must be registered as a building practitioner to:
- continue entering into major domestic building contracts; or
- be named on a building permit as the builder for major domestic building work or any other building work costing more than $10,000.
Your company must hold an appropriate insurance certificate.
There are specific obligations and responsibilities for registered companies, and the penalties for breaking the law are greater than for individuals.
You must hold a current individual registration for your company to be registered.
What happens if my company is not registered?
If your company is not registered, it:
- will not be able to enter into major domestic building contracts.
- cannot be named on a building permit as a builder, if the permit is for major domestic building work or other building work costing more than $10,000.
- will not be eligible to be appointed as the relevant building surveyor.
- Contracts signed, and permits issued, before 1 July 2018 may be honoured, if the company has a director holding current registration for the type of work being carried out.
- Domestic builders registered in an appropriate class can enter into major domestic building contracts or hold building permits under their own name if they hold a relevant insurance certificate in their own name.
- Building surveyors will remain eligible to be appointed as the relevant building surveyor under their own name.
Serious penalties apply for saying or implying that you, or your company, are registered, if this is not true.
What is the eligibility criteria?
A company can be registered as a building practitioner if:
- at least one director of the company holds a current registration as a building practitioner;
- the VBA is satisfied each director of the company is a fit and proper person for registration (including directors who are not registered building practitioners);
- none of the directors is an excluded person;
- the VBA is satisfied each director of the company meets financial probity requirements (including directors who are not registered building practitioners); and
- the application fee is paid.
There is no additional knowledge and experience requirement.
‘Current’ is an active registration that has not been suspended by the VBA for any reason. If your registration has been suspended, you will need to take steps to take it out of suspension before you apply for registration for your company.
An ‘excluded person’ is someone who is disqualified from registration, or who has previously been disqualified from registration, for a disciplinary reason (for instance, if their registration was cancelled because they did something that was illegal under the Building Act).
The provisions of the Building Amendment (Enforcement and Other Measures) Act 2017 will be incorporated into the Building Act 1993 from 1 July 2018.