Obligation to hold building services licence
22A Obligation to hold building services licence
A person must not manage, carry out, or enter into a contract to manage or carry out, any building services work unless the person holds – a building services licence of the occupation and class relevant to the building services work; or a building services licence of the relevant occupation and class by virtue of holding deemed registration. In the case of – a body corporate, a fine not exceeding 400 penalty units; or an individual, a fine not exceeding 200 penalty units.
Subsection (1) does not apply to – a person managing and carrying out building services work if – the person is an owner builder; and the building services work is carried out under the authority of the owner builder permit held by the person; and each owner, that has attained the age of 18 years, of the premises where the building services work is, or is to be, carried out is an owner builder in relation to the premises; or a person managing or carrying out building services work, or entering into a contract to manage or carry out building services work, if the person is employed or engaged to manage or carry out that work by – a building services provider who holds a building services licence of the occupation and class relevant to the building services work; or a licensed entity that holds a building services licence of the occupation and class relevant to the building services work; or an owner builder who holds an owner builder permit that authorises the building services work to be so managed or carried out; or an organisation, whether incorporated or unincorporated, if each person managing or carrying out building services work, or entering into a contract to manage or carry out building services work, on behalf of that organisation – holds a building services licence of the occupation and class relevant to the building services work being managed or carried out by that person; or is not required, under this subsection, to hold such a licence while the person manages or carries out the building services work; or a person who is carrying out building services work, if the person – is employed or engaged to carry out that work by a person (the relevant employer); and is carrying out that work in accordance with a request of another person and the other person – is also employed or engaged by the relevant employer; and holds a building services licence of the occupation and class relevant to that work; or a licensed plumber practitioner managing or carrying out – the replacement of roof decking; or any other class of prescribed plumbing work – that is also building work, or demolition work, under the Building Act 2016 that requires a certificate of likely compliance under that Act; or a licensed electrical practitioner managing or carrying out prescribed electrical work that is building work, or demolition work, under the Building Act 2016 that requires a certificate of likely compliance under that Act; or a prescribed person, a class of prescribed persons, or a person in prescribed circumstances.
A building services provider must ensure that he or she acts only in the area of his or her competence. In the case of – a body corporate, a fine not exceeding 400 penalty units; or an individual, a fine not exceeding 200 penalty units.
This provision refers to the regulations (prescribed person
, prescribed circumstances
). Made under this Act:
- Occupational Licensing (Building Services Work) Regulations 2016
- Occupational Licensing (Electrical Work) Regulations 2018
- Occupational Licensing (Gas-fitting Work) Regulations 2021
3 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.