Landscaping licence in Australia: structural vs decorative work per state

What it is

Landscaping is regulated by what the work is, not what the trade is called. State regulators draw a line between structural landscaping, which builds external features that change the site, and decorative or maintenance work, which sits outside building control.

Structural landscaping covers retaining walls, decks, pergolas, gazebos, carports, paving on prepared subgrade, fences over certain heights, ornamental masonry structures and concrete or paving work that supports the above. Decorative work covers planting, turf laying, mulching, edging, surface gardening and irrigation that is not part of structural drainage. The licence question turns on which side of that line the job sits on, and on the dollar value of the work in each state.

Structural landscaping licences by state

NSW

NSW Fair Trading issues a Structural Landscaping contractor licence under the Home Building Act 1989. The scope explicitly covers building external landscape features and non-habitable structures including retaining walls, paving, decks, pergolas and other hardscaping. The licence is required where the residential building or trade work is valued over $5,000 in labour and materials including GST. Decorative gardening, turf laying and planting are outside the licence and outside the Home Building Act framework. To get a NSW Structural Landscaping licence the applicant needs a Certificate III in Landscape Construction or equivalent plus at least two years of verified experience.

Queensland

QBCC offers two landscape-specific licence classes. Structural Landscaping (Trade) under Part 54 covers preparing, fabricating and erecting carports, decking, fences, gazebos, pergolas, retaining walls and ornamental structures; installing prefabricated sheds including concrete slabs with floor area not more than 10 square metres; installing surface and subsoil drainage for landscaping work; and laying paving or concrete not intended to carry vehicular traffic for landscaping. A Builder Restricted to Structural Landscaping under Part 10 allows construction of larger artificial landform structures, site preparation, paving or concrete associated with landscaping and irrigation installation. A QBCC licence is required for building work valued over $3,300.

Victoria

Victoria registers structural landscapers through a Domestic Builder Limited (Construction of Structural Landscaping) class administered by the Building and Plumbing Commission. The scope covers planning, designing, constructing and installing external landscape features including fences, pergolas, gazebos, retaining walls, decking, ornamental structures and paving. Registration is required for domestic building work that costs more than $10,000 or any work requiring a building permit. Applicants must submit a Technical Referee Report from a registered domestic builder in the same class or higher and pass a national police check.

Western Australia

WA does not issue a dedicated landscaping licence. A structural landscaper who contracts directly for building work valued over $20,000 must register as a Building Services Contractor through DMIRS. Retaining walls over set heights also fall under the Building Act 2011 (WA) and require a building permit regardless of who builds them. Below the threshold and as an employee of a registered builder no individual registration is required for landscape work in WA.

South Australia

SA folds structural landscaping into the Building Work Contractor framework administered by CBS. A contractor who undertakes structural landscape work above $12,000 needs a contractor licence and meets the standard Certificate III qualification, net asset and public liability cover requirements. Pure horticultural and decorative landscaping sits outside the regime.

Structural vs decorative test

The structural vs decorative test for licence purposes turns on three questions:

• Does the work involve a built structure that bears load or alters site drainage? Retaining walls, decks and paving on prepared subgrade are structural. Mulch beds and lawns are not.
• Does the work require a building permit or development approval under the local planning scheme? Retaining walls over set heights, fences over set heights and any structure attached to the dwelling typically need approval.
• Does the work attach to or affect the dwelling or its services? A pergola fixed to the house, a paved courtyard tied into the slab and a drainage system connected to the stormwater all sit inside the licensed regime.

If the answer to any of the above is yes, the structural landscaping licence question is live. If all three are no, the work is decorative and generally falls outside licensing in NSW, QLD, VIC and SA.

Penalties for unlicensed structural landscaping

In NSW the maximum penalty under the Home Building Act 1989 for residential building or trade work without the relevant licence is $22,000 for an individual and $110,000 for a corporation. In Queensland the QBCC prosecutes unlicensed contracting with maximum penalties that escalate for repeat offences. In Victoria the BPC can refuse, suspend or cancel registration and issue infringement notices under the Building Act 1993.

TradeLens triggers

A TradeLens audit on a residential job flags structural landscaping risk when:

• A pergola, deck or retaining wall over $5,000 in NSW is being built by a "landscape gardener" with no Structural Landscaping licence on file.
• A QLD job includes paving over 10 square metres or a retaining wall of any height with no Structural Landscaping (Trade) or Builder Restricted to Structural Landscaping licence number on the subcontract.
• A Victorian domestic build above $10,000 has the landscaping carved out of the head contract but the engaged landscaper holds no Domestic Builder Limited registration.
• A site plan shows a retaining wall over WA's permit threshold and the contractor is not a registered Building Services Contractor.

Lookup costs nothing. Reinstating a non-compliant retaining wall after a defect claim costs more than the original landscaping budget.