Nominee Requirements for ACT Building Company Licences

What it is

Australian Capital Territory company or partnership builder licences under the Construction Occupations (Licensing) Act 2004 (ACT) require a nominee. The nominee is an individual who holds a licence in the same class as the company and is personally responsible for the construction occupations work.

Access Canberra administers the framework through the Construction Occupations Registrar. The nominee framework attaches to every licensable construction occupation, not just builders: building surveyors, construction managers and specialist trades all have equivalent nominee obligations.

The nominee role

A nominee holds an individual licence in the same class as the company. For a company holding a Class A builder licence, the nominee must hold an individual Class A builder licence. The nominee is personally responsible for the construction occupations work and for ensuring compliance with the Building Act 2004 (ACT) and other relevant legislation.

The nominee is not a shadow appointment. Access Canberra requires actual personal involvement in the day-to-day direction of the work. A nominee named on paper but not involved in the projects risks disciplinary action against both the individual and the company.

The 1 business day notification rule

Regulation 22(3) of the Construction Occupations (Licensing) Regulation 2004 (ACT) requires the licensee to notify the Construction Occupations Registrar within 1 business day of any change in nominee or director. That is the tightest notification requirement in Australia.

NSW section 25(2) HBA requires 7 days. QLD Schedule 1A requires 14 days. SA section 20 BWCA requires 28 days. The ACT's 1 business day rule reflects Access Canberra's active compliance approach.

Failure to notify within 1 business day is an offence carrying penalty units and grounds for licence action.

Consequences of losing the nominee

Where the nominee leaves the company or ceases to hold the individual licence, the licensee must notify Access Canberra within 1 business day and either nominate a replacement or apply to suspend the licence pending replacement.

If no replacement is nominated, Access Canberra can:

• impose licence conditions requiring a replacement within a defined period
• suspend the licence
• cancel the licence for repeated non-compliance

The Property Developers Act 2024 (ACT) adds developer licence obligations for class 2 residential projects that operate alongside the builder licence nominee framework.

Sole trader licences

For a sole trader builder licence, the individual is both the licensee and effectively the nominee. The individual must hold the appropriate class for the work.

Multiple nominations

An individual can be a nominee for more than one company, but Access Canberra guidance limits this to a small number to preserve genuine supervision. A nominee spread across too many licences risks losing the individual licence for failure to supervise.

Consequences of unnominated work

Construction occupations work carried out by a company without a nominee exposes the company to:

• offence proceedings under section 12 of the COL Act 2004
• licence conditions, suspension or cancellation
• Access Canberra rectification orders for defective work under the COL Act
• Property Developers Act 2024 rectification orders for developer-controlled residential projects

Owners contracting with an ACT company builder should verify the nominee's individual licence through the Access Canberra licence search before signing.

How the ACT compares

The ACT's 1 business day notification rule is the strictest in Australia by a wide margin. Every other Australian jurisdiction gives at least 7 days for the notification. The framework reflects Access Canberra's active compliance approach and the relatively small ACT market where changes can be tracked in near-real time.

The nominee framework covers every licensable construction occupation (builders, surveyors, construction managers, specialist trades), which is broader in scope than most state frameworks that focus on builder registration alone.