Unless an exemption applies, a QBCC contractor’s licence is required to carry out or undertake to carry out the construction, erection, renovation, alteration, extension, improvement or repair of a retaining wall if the value of the work exceeds $3,300 (including the cost of materials).
However, in some circumstances the work may be exempted from being building work or otherwise requiring a licence under the QBCC Act or its regulation. See next column for common exceptions.
Under section 42 of the QBCC Act it is an offence carry out or undertake to carry out building work without a contractor’s licence of the appropriate class, unless the work is exempted in schedule 1A of the Act.
Subject to exceptions prescribed in schedule 1 of the QBCC Regulation, building work is defined in the QBCC Act to include the erection, construction, improvement, repair or alteration of building, including a fixed structure (eg a retaining wall).
Building work (subject to some exceptions) is also defined to incorporate “site work (including the construction of retaining structures)” for the erection, construction, renovation, alteration, extension, improvement of a building.
Undertaking to carry out building work includes contracting to carry out the work, submitting a tender to carry out the work, making an offer to carry out the work.
Work that is not building work requiring a licence
- Work personally performed by the owner of land if the work value is $11,000 or less.
Work that is building work but is exempted under the QBCC Act from requiring a contractor licence
- An employee of an appropriately licensed contractor;
- A subcontractor of an appropriately licensed trade contractor;
- A person in partnership with an appropriately licensed person;
- Design work carried out by a landscape architect;
- A consumer who engages 1 or more licensed contractors to carry out the work, if the consumer does not provide building work services for the work;
- Work carried out by the holder of an owner-builder permit to the extent that the work is permitted under the permit.
- A licensed nominee supervisor or site supervisor if doing something authorised by their licence;
- A person who enters into a head contract to carry out the work if both (i) the work is to be carried out by an appropriately licensed and (ii) is not residential construction work or domestic building work;
Further exemptions can be found under Schedule 1A QBCC Act and 1 of the QBCC Regulation
The following licence classes may undertake this work subject to the limitations of the licence class scope of work:
- Builder Low Rise;
- Builder Medium Rise;
- Builder Open;
- Builder Restricted to Structural Landscaping;
For detailed information regarding scopes of work see Licence Classes.
Key legislation includes:
- Schedule 2 QBCC Act;
- Schedule 1 QBCC Regulation;
- Schedule 1A,QBCC Act.