Building Services (Registration) Regulations 2011

The regulations operationalise several recurring legal and administrative concepts in the Act’s framework. The principal concepts and how the instrument treats them are:

• Prescribed building service: Regulation 4 lists the services that require registration under the Act. It treats builder work (as principal builder), building surveying work levels 1 and 2 (as issuer of compliance certificates), and painter work as prescribed. This determines which activities attract registration, supervisory and advertising obligations.

• Classes and titles: Regulation 6 prescribes classes of practitioners and contractors; regulations 14, 28B and 28K prescribe the exact titles that may be used by registrants. The regulations create fine-grained categories for practitioners and contractors (for example, multiple engineering and surveying levels), and tie titles to registration classes (see regulations 14, 28B, 28K). Use of protected titles without entitlement is an offence with a modified penalty (Schedule 5).

• Thresholds, exclusions and geographic scope: The meaning of builder work and painter work is not simply monetary. Regulation 13 defines builder work by three conditions: a building permit is required, estimated value is $20,000 or more (Schedule 2 sets out how to estimate value), and the work is carried out in areas in Schedule 3. Regulation 13 also lists a detailed set of exclusions (farm buildings, manufacture yard work, certain installations and “exempt shed” rules until specified dates). Painter work has a $1,000 threshold and areas in Schedule 4 (regulation 28 and Schedule 4). These thresholds and geographic lists constitute a primary gatekeeping mechanism: they define who is caught by registration obligations.

• Qualification and experience sets: The regulations provide detailed “sets” for different practitioner classes (regulation 16 for builders, 28D for surveyors, 28M for engineers, 31 for painters). Each set pairs specific qualifications (nationally framed awards, Institute memberships, diplomas) with quantified experience periods expressed in full‑time equivalence. The Board may also determine equivalence or require examinations (regulation 17). The technical approach is prescriptive and tied to nationally recognised qualifications and professional accreditations.

• Financial capacity, insolvency and evidentiary factors: The Board assesses financial capacity using indicators such as net assets, liquid funds, loan facilities, equity in property, and proposed scale of operation (regulation 18). For several contractor classes the regulations require the applicant (and in some cases partners or officers) not to be an insolvent and to demonstrate capacity to meet debts if previously insolvent (regs 28E, 28N, 33).

• Insurance and professional standards schemes: Building surveying and engineering contractors must hold professional indemnity insurance appropriate to likely risk or be members of an approved professional standards scheme meeting equivalent insurance conditions (regs 28F, 28O). The regulations list the factors to be considered in sizing insurance: nature of work, scale, employment of registered practitioners, likely quantum of civil claims and financial capacity (28F(1)(i)-(vi); 28O similarly).

• Supervisory arrangements and “nominated supervisors”: Several provisions restrict who may act as a nominated supervisor and require contractors to maintain a nominated supervisor who is an “eligible person” of a prescribed practitioner class (regs 20, 28H, 28Q, 35). Contractors that employ or engage technician-level registrants must ensure supervision by specified higher‑level practitioners (regulation 28I).

• Register content and time-limited retention of adverse particulars: Regulation 7A requires that the register include certain adverse items (convictions, fines imposed by SAT, Board orders, cautions, undertakings and SAT reprimands). Regulation 7B obliges the Building Commissioner to remove conviction/fine entries after three years and orders/cautions/undertakings/reprimands after 12 months, or earlier if set aside on appeal/review.

• Notification and disclosure duties: The regulations prescribe detailed disclosure obligations. New directors of contractor bodies must be notified with an ASIC current and historical company extract and Director ID where applicable, and must disclose insolvency history and unresolved building service debts (regulation 10A). Registrants must notify disciplinary action under a long list of other Acts (regulation 11).

• Enforcement toolkit: The instrument provides both administrative enforcement (register notations, Board orders, conditions on registration) and summary enforcement using infringement notices with specified modified penalties (Part 3B and Schedule 5). Authorised officers are appointed by the Building Commissioner and issued identity credentials (regulation 36B). Form and process for infringement notices and withdrawals are in Schedule 6 and regulation 36C.

These concepts are implemented as prescriptive administrative rules: fixed qualification sets, specified monetary thresholds, designated geographic areas, and enumerated notification and retention periods. The design links statutory registration to nationally recognised qualifications, insolvency checks, insurance, supervision and visible public identifiers (signage and register entries).

The regulations identify multiple groups that bear duties, costs or entitlements. They operate differently across classes; the key affected parties are:

• Building service practitioners and contractors: The regulations directly affect individuals and entities seeking registration as building practitioners, building contractors (individual, partnership or company), building surveying practitioners and contractors (level 1 and 2), building engineering practitioners and contractors across professional/technologist/associate tiers, and painting practitioners and contractors (regulation 6 and the Tables in regs 14, 28B, 28K, 29). Each class has tailored qualification, experience, financial, insurance and supervisory requirements (see regs 16, 28D, 28M, 31; regs 18, 28E, 28N, 33; regs 28F, 28O).

• Prospective and current small business operators: Monetary thresholds and geographic scopes determine whether a business must register. For example, builder work registration applies only where the work requires a building permit, is valued $20,000 or more (Schedule 2) and is in Schedule 3 areas (regulation 13). Painter work requires registration where value is $1,000 or more and in areas in Schedule 4 (regulation 28). These thresholds mean some low-value or out-of-area trades work is not captured; conversely, aggregating multiple contracts for the same building is required for value calculation (regulation 13(2); regulation 28(2)) and may bring otherwise small jobs within regulation scope.

• Corporations and partnerships with directors or partners: The regulations treat corporate and partnership applicants separately. Registration categories distinguish individual, partnership and company forms (regulation 6(2)). Notification obligations apply where a body appoints a new director: a 30‑day‑old ASIC company extract is required, Director Identification Number if applicable, and disclosure of insolvency and building service debt history (regulation 10A). Financial tests require officers of companies not to be insolvent (regulation 28E(3), 28N(4), 33(3)).

• Owners who wish to do owner‑builder work: The instrument prescribes which buildings qualify for owner‑builder approvals (detached houses, Class 10 buildings, small commercial buildings) (regulation 23). Approval conditions require owner‑builders to ensure work needing a registered practitioner is done by a registered person (regulation 26). Owner‑builders must display an approval sign on site, with prescribed details, and face a penalty if they fail (regulation 27).

• Consumers and the public: The register content rules (regulation 7A) and signage requirements (regulations 21, 27, 36) mean members of the public can identify contractors, their registration numbers and nominated supervisors from site signage and the public register. The regulations also require notification of disciplinary action under a list of Acts (regulation 11), creating visibility across professions.

• Regulators and administrative officers: The Building Commissioner and the Board acquire administrative discretion and functions: fee waiver/reduction/refund power (regulation 10), appointment and certification of authorised/approved officers to issue infringement notices (regulation 36B), and responsibility for removing register entries within fixed time limits (regulation 7B). The Board may conduct examinations (regulation 17), determine equivalence of qualifications (regulation 16(1)(b)), and make or record disciplinary orders (regulation 7A(1)(d)-(g)).

• Insurers and professional bodies: The regulations link registration to professional indemnity insurance (regulation 28F(1), 28O) or approved professional standards schemes (regulation 28F(1)(b), 28O(b)). Insurers and professional bodies therefore are implicated in determining eligibility and the availability of registration paths via scheme membership.

• Courts and enforcement agencies: The Criminal Procedure Act framework is invoked for infringement notices (regulation 36A), and the Fines, Penalties and Infringement Notices Enforcement Act 1994 is referenced in Form 1 for enforcement consequences. The State Administrative Tribunal appears indirectly through references to fines and orders imposed by it being recorded on the register (regulation 7A).

In short, registrants and applicants (individuals, partnerships, corporations), owner‑builders, consumers, insurers, professional bodies, and the Building Commissioner/Board are the main actors affected. The regulations allocate costs (fees, evidentiary burdens, insurance), administrative duties (notifications, signage), and exposure to penalties for non‑compliance (Schedule 5).

The regulations impose a set of affirmative duties on registrants and applicants and confer limited rights tied to registration. Key duties and rights in the instrument are:

Duties to register and to hold correct class of registration

• Persons carrying out prescribed building services must be registered in the relevant class; a person is prescribed for s.7 if they carry out painter work as part of a contract to carry out builder work and they engage a painting contractor (regulation 5). Carrying out prescribed services without registration is an offence subject to modified penalties (Schedule 5).

Qualification and evidence duties

• Applicants must demonstrate prescribed qualifications and experience as listed in the sets for each practitioner class (regulations 16, 28D, 28M, 31). The Board may conduct examinations to assess knowledge and skills (regulation 17). For building engineering applicants, an assessment entity approved by the Building Commissioner must certify equivalence of qualifications and experience (regulation 28M(6)).

Financial and insolvency-related duties

• Contractors and some practitioners must show capacity to meet debts when due and non‑insolvency status; the Board may consider net assets, liquid funds, loan facilities, equity and proposed scale of operation when assessing capacity (regulation 18). Specific versions of these duties are set for surveying, engineering and painting contractors (regs 28E, 28N, 33).

Insurance and professional standards duties

• Building surveying and engineering contractors must either have appropriate professional indemnity insurance sized to cover foreseeable exposures or show membership of an approved professional standards scheme that imposes insurance requirements (regs 28F, 28O).

Supervisory and staffing duties

• Contractors must have a nominated supervisor who is an eligible person in a prescribed practitioner class (regs 20, 28H, 28Q, 35). A building surveying contractor must ensure work by a building surveying practitioner technician is supervised by a level 1 or level 2 practitioner (regulation 28I).

Notification and disclosure duties

• Registrants must notify the Board of certain changes: new directors (regulation 10A specifies required information), change of address (Schedule 5 modified penalty for s.32(1)), convictions, disciplinary action under prescribed Acts (regulation 11), insolvency or financial difficulty (Schedule 5). Regulation 7A requires the register include convictions and SAT fines/orders and other Board/SAT disciplinary outcomes.

Signage and advertising duties

• Contractors and owner‑builders must display a sign on site containing prescribed particulars (regs 21, 27, 36). Advertising requirements include displaying registration numbers (Schedule 5, offence s.8).

Recordkeeping and register rights

• Applicants and registrants have a right to be registered for a fixed three‑year period if approved (regulation 7(1); Schedule 1 sets registration fees for a 3‑year term). The register must display certain items (regulation 7A). The Building Commissioner must remove certain adverse information after specified periods (regulation 7B), creating a time-limited privacy/rehabilitation right for registrants.

Fee and administrative discretions

• The Building Commissioner may reduce, waive or refund fees on the Commissioner’s own initiative or on application in an approved form (regulation 10). This is a discretionary administrative right favouring individualised relief.

Enforcement and sanctions

• Rights against enforcement are limited; the instrument prescribes modified penalties and court prosecution routes (regulation 36A; Schedule 5). The Building Commissioner may appoint authorised officers to issue infringement notices (regulation 36B). Board decisions, including cancellations under transitional provisions, trigger review rights consistent with the Act’s review provisions (e.g. regulation 50 referencing section 64(2)).

Procedural and transitional entitlements

• Transitional rules convert former registrations under repealed Acts into current classes (Part 4, regs 38, 44, 48). There are temporary registration treatments for early applicants in building engineering classes, including fee reductions and deemed registration periods where applications are not determined before certain dates (regulations 53-54).

In summary, registrants gain the right to use prescribed titles and to be entered on the register for defined periods, conditional on meeting the prescriptive qualification, financial, insurance and supervisory requirements. They incur duties to notify, display signage, maintain capacity and, for certain classes, meet continuing professional development requirements (regulation 28P). Administrative discretion sits largely with the Building Commissioner and the Board (fee waivers, equivalence determinations, examinations, register maintenance and authorised officer appointments).

The regulations supply a two-stream enforcement architecture: administrative enforcement via the Board/Building Commissioner and summary enforcement via infringement notices and modified penalties.

Infringement notices and modified penalties

• Part 3B establishes that offences in Schedule 5 are infringement-notice offences for the Criminal Procedure Act 2004 (regulation 36A). Schedule 5 sets the modified penalties for a long list of statutory breaches, distinguishing by type of registrant. Examples include:
  • Using a protected title when not entitled (s.4(1)): $2,500 for building, surveying and engineering titles; $1,250 for painter titles (Schedule 5, Division 2).
  • Carrying out prescribed building services without registration (s.7(1)): $2,500 (builders, surveyors, engineers); $1,250 (painters).
  • Failure to display required site signs: delegated to regulations 21, 27, 36 with modified penalties for failing to display sign under the regulations set out in Schedule 5 Division 3 (r.21 , $200; r.27(2) , $200; r.36 , $100).
  • Failure to comply with other notification duties (new director, financial difficulty, insolvency, convictions, etc.) attract modified penalties ranging from $250 to $1,000 depending on the provision (Schedule 5 Division 2).

Authorised officers and process

• The Building Commissioner may appoint authorised or approved officers to issue infringement notices and must issue identifying credentials to them (regulation 36B). Forms for issue and withdrawal of infringement notices are prescribed in Schedule 6 and regulation 36C.

Board and State Administrative Tribunal outcomes recorded on register

• The register must include certain disciplinary and adjudicative outcomes (regulation 7A), including convictions under the Act and related Acts, SAT-imposed fines on nominated supervisors or responsible persons, Board orders, cautions, undertakings and SAT reprimands. Those entries are time-limited: conviction or fine records must be removed after 3 years (regulation 7B(1)); Board/SAT orders/cautions/undertakings/reprimands must be removed after 12 months (regulation 7B(2)), or earlier if set aside on appeal or review.

Board powers and reviewability

• The Board may conduct examinations (regulation 17), cancel certificates obtained by fraud (regulation 50), and exercise transitional investigatory powers previously held by repealed boards (regulation 42 and others). Regulation 50 prescribes procedural requirements if the Board decides to cancel a qualification certificate, including written reasons and review rights under section 64(2), indicating that some disciplinary decisions are reviewable.

Monetary penalties and registration conditions

• The regulations also allow the Board to impose conditions on registration, for example the registration of a building surveying contractor is subject to supervision conditions for technician registrants (regulation 28I). Failure to comply with conditions to registration may itself attract modified penalties (Schedule 5 item for s.25).

Enforcement escalations and statutory enforcement context

• The infringement notice form (Schedule 6 Form 1) explains enforcement consequences under the Fines, Penalties and Infringement Notices Enforcement Act 1994, including garnishee and licence-suspension outcomes, situating these regulatory contraventions within broader statutory debt enforcement mechanics.

Discretion to waive fees and administrative relief

• The Building Commissioner may reduce, waive or refund fees under the regulations (regulation 10). That discretion affects the practical enforcement landscape because it can lower barriers for compliance where fees are the proximate cost.

In sum, enforcement is implemented through readily executable infringement notices for many common compliance failures, Board/SAT adjudication with public register notations for disciplinary outcomes, and specific offences and monetary penalties calibrated by type of registrant and type of breach (Schedule 5). The Building Commissioner’s and Board’s procedural powers build the administrative enforcement layer; authorised officers and the Criminal Procedure Act framework provide the summary enforcement mechanism.

The regulations make extensive cross-references and create operational interfaces with numerous other statutes and instruments. The principal interactions are:

Building Act 2011 and National Construction Code

• The regulations refer to certificates governed by the Building Act 2011: certificate of building compliance (s.57), certificate of construction compliance (s.56) and certificate of design compliance (s.19) in the regulation 3 definitions of “compliance certificate”. Building surveying work definitions and duties (regulations 28A, 28C) are explicitly tied to the role of the person issuing a compliance certificate under the Building Act. The Building Code and National Construction Code are referenced (regulation 3).

Commonwealth corporations and director ID law

• Regulation 10A requires an ASIC current and historical company extract for notices of new directors and the Director Identification Number (DIN) when the new director is required to have a DIN under the Corporations Act 2001 Part 9.1A. The regulations therefore hook into Corporations Act compliance and the DIN regime.

State Administrative Tribunal and other professional statutes

• Regulation 7A requires the register to record details of fines imposed by the State Administrative Tribunal under s.59(3) where they relate to nominated supervisors, partners, directors or managers. Regulation 11 prescribes an extensive list of Acts under which disciplinary action must be notified to the Board; these include Architects Acts from multiple jurisdictions, a range of building acts in other states, and professional engineering and occupational regulatory Acts. Those cross-references create interoperability in disciplinary notification and recognition of regulatory actions elsewhere.

Vocational education and training laws and national accreditation regimes

• Qualifications are frequently tied to the National Register and to specific qualification codes (for example CPC50220, CPC60121, CPC30620) and to accreditation accords recognised by Engineers Australia (Washington Accord, Sydney Accord, Dublin Accord) as spelled out in regulation 28M. The regulations therefore interact with Commonwealth and national-level vocational/tertiary accreditation and registration systems.

Fines enforcement and criminal procedure

• The Criminal Procedure Act 2004 Part 2 governs infringement notices for the listed offences (regulation 36A). Schedule 6 form references enforcement consequences under the Fines, Penalties and Infringement Notices Enforcement Act 1994, linking non‑payment to fines‑enforcement mechanisms such as licence suspensions and garnishee orders.

Professional standards schemes and insurer requirements

• For surveying and engineering contractors the regulations permit membership of a professional standards scheme operated by a professional body to function as an alternative to holding specified professional indemnity insurance (regulation 28F(1)(b), 28O(b)). That ties registration eligibility to the rules of private professional bodies and their compulsory insurance or scheme arrangements.

Transitional and repealed legislation

• Part 4 maps registrations under the repealed Builders’ Registration Act 1939 and the Painters’ Registration Act 1961 to the current classes under this Act (regs 37-46), and preserves certain authorisations. Regulation 48 and related provisions preserve qualifications granted under the Local Government (Building Surveyors) Regulations 2008 and treat them as registrations under the current regime.

Other regulatory instruments

• The Building Services (Complaint Resolution and Administration) Regulations 2011 supply definitions for “building engineering work” and “building surveying work” referenced at regulation 3 and in parts 2A and 2B. The Vocational Education and Training Act and its course approval regimes are referenced for particular painting-course requirements (regulation 31 and transitional regulation 52).

This web of references integrates the registration regime with building control, corporate governance, vocational qualification frameworks, disciplinary networks across professions and enforcement mechanisms. Practically, applicants must navigate not only this instrument but also relevant obligations and records under the Building Act, Corporations Act, national accreditation systems, and professional body schemes.

The regulations include an extensive amendment and commencement history recorded in the compilation table and throughout the text by insertions and SL numbers. The compilation table records primary enactment and subsequent amendments by date and SL citation. Key points visible in the instrument are:

• Original enactment: Building Services (Registration) Regulations 2011 were published 26 August 2011, with most regulations commencing 29 August 2011 (see compilation table; regs 1-2).

• Early consolidations and technical updates: Multiple amendment regulations from 2012 through 2015 adjusted definitions, qualification sets and transitional mapping (see compilation table entries for 2012-2015).

• Addition of building surveying, painting and building engineering detail: Part 2A (building surveyors) was inserted at Gazette 12 Mar 2012 (regulation headings and regs 28A et seq). Part 3B (infringement notices) was inserted 26 Apr 2019 (regs 36A-36C and Schedule 5/6 additions).

• Commerce-linked amendments and staged roll-outs: The Commerce Regulations Amendment (Building Services) Regulations 2023 and subsequent amendments (SL 2023/64 and SL 2024/255) inserted Part 2B on building engineers (reg 28J onward) and created transitional arrangements for early applicants in engineering classes (regulations 53-54). The compilation table records those SLs and commencement dates including staged commencements (e.g. Div. 1 and 2: 1 Jul 2024; Div. 3: 1 Jul 2025; uncommenced Div. 4 scheduled 1 Jul 2027 per table).

• Fee schedule updates and later fee instruments: Schedule 1 has been modified as recently as SL 2025/89 (Division and fee tables inserted) giving specific application and registration fees across classes. This reflects a consolidation of fee-setting under more recent fee instruments noted in the compilation table (Commerce Regulations Amendment (Fees and Charges) Regulations 2016-2025 series).

• Recent regulatory insertions and transitional adjustments: Notable recent regulations include SL 2023/76 (inserting reg 7A and 7B on register information), SL 2024/190 (amending reg 7 and other elements), SL 2024/255 (making adjustments including reg 53(1) fee reductions and reg 54), SL 2025/89 (Schedule 1 fees), and SL 2026/19 (amendments to regulation 11 list of prescribed Acts). These SLs are cited in the text where the amendments appear.

• Uncommenced provisions: The compilation and uncommenced provisions table note that Commerce Regulations Amendment (Building Services) Regulations 2023 Pt.2 Div.4 is scheduled to commence 1 July 2027; a note in regulation 53 states registration in advance of building engineering work becoming prescribed is contemplated (regulation 53 note). The uncommenced provisions table makes clear some modifications are staged.

The amendment history is granular and frequent, reflecting iterations to add practitioner categories (engineering), update qualification requirements and align fee settings. The compilation table in the instrument provides a chronological record of each amending instrument, its publication and commencement. Users should consult the table entries and the marginal notes for the provenance of discrete provisions.

The regulations themselves do not record case law or judicial decisions; they are subordinate legislation containing operational rules. The text refers to administrative and tribunal processes rather than to court decisions. Relevant points in the regulations concerning legal or adjudicative outcomes are:

• State Administrative Tribunal: The regulations anticipate SAT decisions and penalties. Regulation 7A requires the register to include details of fines imposed by the State Administrative Tribunal under section 59(3) where those fines concern nominated supervisors, partners, directors or persons concerned in the management of a contractor. Regulation 7A also requires register entries of cautions, reprimands, undertakings and Board orders, and regulation 7B prescribes the time limits for retaining those entries and their removal following successful appeals or reviews.

• Review rights: Regulation 50(2) applies section 64(2) to Board decisions cancelling certificates of qualification as if the cancellation were a reviewable decision. That signals an intended administrative-law pathway for review of certain Board decisions; the regulation requires written notice of the decision and reasons, and identifies the right of review under section 64(2). The instrument therefore leaves adjudicative resolution to internal administrative review and to SAT where the Act provides it, but does not cite judicial or tribunal decisions.

• No judicial cases named: The regulations do not list or discuss specific judicial precedents or decisions. The only adjudicative body explicitly referenced in enforcement and record‑keeping is the State Administrative Tribunal (see reg 7A and reg 7B). Any litigation arising from enforcement or registration decisions would proceed under the Act and may be reviewable as set out in the Act and regulations, but the instrument itself contains no entries of litigation outcomes.

For practitioners who may rely on administrative decisions or challenge Board/SAT determinations, the regulations identify the mechanisms for review and recordation but do not provide a catalogue of litigated matters. The practical effect is that tribunal and court challenges are possible under the Act’s review architecture; for precedent or outcomes users must consult SAT or court records rather than the regulations.

The regulations contain many technical features that can surprise applicants or regulators unfamiliar with the detail. The following are concrete traps and operational risks drawn from the text:

Value thresholds and aggregation rules can bring small contracts within scope

• Builder work is captured by a $20,000 threshold (regulation 13(1)(b)) but the regulation requires aggregation of values when multiple contracts are substantially a single undertaking on the same building (regulation 13(2)). Similarly, painting work requires aggregation if multiple contracts are for the same building or parts of it (regulation 28(2)). Practitioners who split works into separate contracts to avoid thresholds may still fall within registration obligations.

Geography matters

• The $20,000 and $1,000 thresholds are not global; they apply only in the geographic areas listed in Schedule 3 (builder work) and Schedule 4 (painter work). Work outside those specified areas may not trigger registration even if above the monetary threshold (regulation 13(1)(c); regulation 28(1)(c)). Contractors operating across multiple local government districts must map where registration is required.

Exclusions with expiration points and local exceptions

• The “exempt shed” exclusion in regulation 13(1)(d)-(n) has a time-limited clause for sheds with applications made on or before 1 October 2024 and certain local government districts, with a higher $40,000 threshold. Practitioners must check the precise timing and local government district list because exemptions are narrow.

Signage and advertising strictness

• Site signage requirements are prescriptive (regulations 21, 27, 36) and differ in penalty quantum: building contractors face a $1,000 penalty for failing to meet sign requirements (regulation 21), painting contractors $500 (regulation 36), and the infringement schedule sets modified penalties for failing to display signs under corresponding regs (Schedule 5 Division 3). Advertisements must display a contractor’s registration number or face a modified penalty (Schedule 5, s.8).

Register entries and limited retention windows

• Convictions and SAT fines are recorded on the register (regulation 7A) but must be removed after three years (regulation 7B(1)); Board orders/cautions/undertakings/SAT reprimands must be removed after 12 months (regulation 7B(2)). Practitioners who have been subject to disciplinary action should note these precise retention periods and that removal is tied to appeal outcomes being set aside.

Complex qualification equivalence and assessment requirements

• Many qualification routes depend on national codes and professional accreditations (regulations 16, 28D, 28M, 31). For building engineering applicants, an approved assessment entity must certify equivalence of qualifications and experience (regulation 28M(6)). Applicants whose qualifications fall outside neat categories must rely on Board equivalence determinations or assessment entity certification, which may lengthen processing time.

Insurance sizing is discretionary and multi-factorial

• For surveying and engineering contractors the regulations require insurance appropriate to manage risk “taking into account” multiple listed factors (regulation 28F(1)(i)-(vi); 28O). The test is not a fixed quantum but an evaluative exercise; applicants must demonstrate the policy’s adequacy against their anticipated work volume, types of risk and financial capacity.

Supervisor eligibility and technician supervision

• Contractors must nominate and maintain a supervisor who is an “eligible person” in prescribed practitioner classes (regs 20, 28H, 28Q, 35). Building surveying contractors must ensure practitioner technicians are supervised by specified levels (regulation 28I). A contractor’s registration may be jeopardised if a nominated supervisor ceases to be eligible and the contractor fails to notify (Schedule 5 modified penalties for s.22 and s.22(3) failures).

Director notification requirements are exacting

• Notices of new directors must include a recent ASIC extract, DIN where applicable, and disclosures about bankruptcy and recent insolvency events and unpaid building service debts (regulation 10A). Corporations must attend to these documentary requirements promptly.

Deemed or temporary registration and fee reductions during staged roll-out

• Regulation 53 contains temporary arrangements for building engineering contractor applicants who apply before 1 July 2027: a 50% fee reduction if applied before 1 July 2026 (reg 53(1)) and deemed registration during an uncertainty period where the Board has not determined an application by certain dates (reg 53(2)). Applicants should be clear whether they rely on deemed registration periods and whether the relevant provisions have commenced (the compilation and uncommenced provisions table is essential).

Penalty levels differ by class

• Penalties and modified penalties in Schedule 5 vary by whether the title/service is builder/surveyor/engineering or painter (e.g., title misuse: $2,500 v $1,250). Small painting contractors may be subject to lower fines but still face criminal procedure enforcement mechanics.

Transitional registrations and expiry handling

• Part 4 maps former registrations under repealed Acts into the new classes but contains deadlines and temporary measures (regs 38-51). Persons relying on transitional continuations must check the precise conditions for extension by the Building Commissioner.

In short, precise application of monetary thresholds, geographic scope, documentary and notification paperwork, insurance and supervisor eligibility rules, and the timetable for staged reforms are common practical pitfalls. Practitioners and businesses should map each project and corporate event against the relevant regulation clauses to avoid inadvertent non-compliance.

This section offers a step‑by‑step checklist and practical instructions anchored in the regulations for applicants, contractors and owner‑builders.

1. Identify whether the work is a “prescribed building service”

• Check regulation 4: builder work as principal builder, building surveying work level 1 and level 2 as issuers of compliance certificates, and painter work are prescribed. For builder and painter work, confirm monetary thresholds and geographic applicability (regulation 13 and Schedule 3; regulation 28 and Schedule 4). Use Schedule 2 to estimate value and apply aggregation rules where multiple contracts are substantially the same undertaking (regulation 13(2); regulation 28(2); Schedule 2).

2. Determine the correct registration class and title

• Consult regulation 6 and the Tables in regulations 14, 28B, 28K and 29. Ensure you apply for the exact class (individual, partnership, company, and practitioner level). Using a title without entitlement is an offence (Schedule 5 s.4(1)).

3. Assemble qualification and experience evidence

• Match your qualifications and experience to the prescribed sets for your class (regulation 16 for building practitioners; 28D for surveying; 28M for engineering; 31 for painters). For building engineering practitioners, secure assessment from an entity approved by the Building Commissioner certifying equivalence where necessary (regulation 28M(6)).

4. Prepare financial evidence

• For contractors, prepare documents to establish capacity to meet debts when due: balance sheets, statements of liquid funds, loan/overdraft facility letters, equity evidence and an outline of proposed scale of operation (regulation 18). For companies and partnerships, ensure partners/officers meet non‑insolvency requirements (regs 28E, 28N, 33).

5. Meet insurance requirements or join an approved scheme

• For building surveying and engineering contractors, obtain professional indemnity insurance sized with regard to the listed factors (regs 28F and 28O) or join an approved professional standards scheme that satisfies insurance requirements. Retain policy documentation showing coverage, terms and scope.

6. Appoint and document a nominated supervisor

• Ensure the nominated supervisor is an “eligible person” under the regulation appropriate to your contractor class (regs 20, 28H, 28Q, 35). Maintain documentation demonstrating the supervisor’s registration and availability; notify the Board of any change as required (Schedule 5 contains modified penalties for failure to notify).

7. Complete application form and pay prescribed fees

• Lodge applications stating the requested registration period of three years (regulation 7(1)). Pay the relevant application and registration fee per Schedule 1; if late apply a late fee (Schedule 1 Division entries). If fee relief is relevant, apply to the Building Commissioner under regulation 10 in the approved form.

8. Provide required corporate notices promptly

• If appointing a new director of a contractor body, prepare the ASIC current and historical company extract (extracted within the previous 30 days), the Director Identification Number if required, and disclosure regarding bankruptcy, unpaid building service debts and recent corporate insolvency events (regulation 10A). Lodge notifications within the timelines set by the Act.

9. Maintain continued compliance and CPD

• For building engineering practitioners ensure the required hours of approved continuing professional development for renewal are completed (regulation 28P(2): 60, 50, or 150 hours depending on class). Keep documentary evidence or maintain continuing membership in an approved industry association as an alternative evidentiary pathway.

10. Display required signage and include registration numbers in advertising

• Attach a site sign visible from outside the site containing prescribed particulars (regulations 21, 27, 36). Ensure advertisements include registration numbers as required (Schedule 5 s.8 modified penalty).

11. Manage register-related expectations

• Be prepared that certain convictions, SAT fines and disciplinary outcomes will be recorded on the public register (regulation 7A). If you seek removal of an entry, note the statutory removal windows (3 years for convictions/fines; 12 months for Board/SAT orders/cautions/undertakings/reprimands) or pursue appeal/review if the decision is subject to being set aside (regulation 7B).

12. Prepare for examinations and equivalence assessments

• If a qualification route is unclear, be ready to sit Board‑run examinations (regulation 17) or to provide equivalence evidence for qualification sets. For painting practitioner applications under transitional rules, note the transitional sets in regulation 52.

13. Track staged and uncommenced provisions

• If applying for building engineering registration or relying on temporary fee reductions/fee waivers, check commencement dates and whether provisions have commenced (see regulations 53-54 and the compilation/uncommenced provisions table). If your application may lie in a period where deemed registration applies (regulation 53(2)), confirm the conditions under which the deemed registration operates.

14. Keep records and notify promptly

• Retain records of all notifications to the Board (e.g., changes of address, director appointments, financial difficulty, insolvency, criminal charges/convictions, disciplinary action under prescribed Acts , see regulation 11 and Schedule 5 offences). Failure to notify may attract modified penalties.

15. Use professional advice where uncertain

• Where qualification equivalence, insurance adequacy, or corporate insolvency history is ambiguous, obtain formal advice or an assessment certification as required under regulation 28M(6), or approach the Building Commissioner/Board for pre-application guidance.

This compliance route reduces the risks of infringement notices and ensures that evidentiary, insurance and supervisory obligations are in place before commencing prescribed building services.