QBCC licence and other fees are set by regulation and increase according to the Government Indexation Rate. For 2024-2025, the Government Indexation Rate is zero percent. Therefore there was no fee increase on 1 July 2024.
A further twelve individuals suspected of performing unlicensed building work in Brisbane have been uncovered following ongoing compliance audits by Queensland’s building regulator.
Queensland Building and Construction Commission (QBCC) officers targeted 54 active building sites over 3 days in May checking the licences of almost 200 individuals.
QBCC Commissioner, Anissa Levy, says the QBCC’s ongoing campaign to stamp out unlicensed, illegal and defective work across the State also detected two other individuals suspected of hiring an unlicensed contractor.
“These individuals will now be subject to further investigations by the QBCC which could lead to fines or prosecution,” Commissioner Levy says.
“These activities are illegal and the QBCC has zero tolerance for such activities, which is why the QBCC is proactively running this campaign.
“By identifying and preventing unlawful activity we can help protect owners from financial risks or defective building work.
“Our compliance audits ensure there is a level playing field for our licensees who are doing the right thing by obtaining qualifications and experience and providing the QBCC with evidence of their financial stability each year.”
Commissioner Levy says the QBCC’s audits are not just about detecting offences, as the majority of individuals working on building sites are licensed and doing the right thing.
“When individuals working on building sites are licensed, our officers can then shift their focus to engaging with licensees and home owners to raise awareness of topical issues, provide them with advice on their rights and responsibilities, and information about the role of the QBCC,” she says.
“Building strong relationships with industry members and home owners allows us to foster a culture of professionalism and compliance and helps ensure safer construction practices."
The QBCC urges all members of the public to only use licensed contractors for their building project, regardless of the size of the project.
The QBCC website provides free information to help home and property owners find a qualified, licensed local contractor.
Background
In the 2023-24 financial year to date, the QBCC Compliance and Enforcement team has conducted 1,325 visits to active building sites and checked that 4,453 individuals were appropriately licensed.
During these site audits QBCC officers detected 82 people suspected of performing unlicensed work and a further 15 individuals suspected of hiring an unlicensed worker.
In 2022-2023, the QBCC issued 313 individuals with fines for unlicensed contracting or unlicensed contracting-related offences, while 65 received warnings.
An individual or company caught working without a licence can be issued with a penalty infringement notice or prosecuted
Four people are suspected of performing unlicensed work following a recent audit of 52 active building sites in Cairns by Queensland’s building regulator.
Queensland Building and Construction Commission (QBCC) officers checked the licences of almost 90 individuals as part of an ongoing campaign around the State to stamp out unlicensed, illegal and defective work.
QBCC Commissioner, Anissa Levy, says the three-day audit of Cairns residential building sites also detected another three individuals suspected of hiring an unlicensed worker.
“The three people suspected of performing unlicensed work and the builders suspected of engaging them are now subject to further investigations which could lead to fines or prosecution,” Commissioner Levy says.
“The QBCC has zero tolerance for these illegal activities and by proactively identifying and preventing unlawful activity we can help protect owners from financial risks or defective building work.
“Our compliance audits also ensure there is a level playing field for our licensees who are doing the right thing by obtaining qualifications and experience and providing the QBCC with evidence of their financial stability each year.”
Commissioner Levy says the QBCC’s audits are not just about detecting offences, as previous campaigns have revealed the majority of individuals working on building sites are licensed.
“When we find people doing the right thing, our officers can then shift their focus to engaging with licensees and home owners to raise awareness of topical issues, provide them with advice on their rights and responsibilities, and information about the role of the QBCC,” she says.
“Building strong relationships with industry members and home owners allows us to foster a culture of professionalism and compliance and helps ensure safer construction practices."
The QBCC urges all members of the public to only use licensed contractors for their building project, regardless of the size of the project.
The QBCC website provides free information to help home and property owners find a qualified, licensed local contractor.
Background
For the 2024 year to date, QBCC officers around the State have audited more than 170 sites and interviewed more than 300 contractors. These audits have detected 13 people suspected of performing unlicensed work and a further four individuals hiring an unlicensed worker.
In 2022-2023, the QBCC issued 313 individuals with fines for unlicensed contracting or unlicensed contracting-related offences, while 65 received warnings.
An individual or company caught working without a licence can be issued with a penalty infringement notice of up to $3,096 or prosecuted in court. Repeat offending can lead to imprisonment for up to a year.
A former Brisbane resident has become the fifth person convicted and fined this year for illegal building activities in prosecutions brought by the QBCC.
Paul Joseph Ford was convicted and fined a total of $16,000 in Beaudesert Magistrates Court on 24 April 2024 for three offences relating to unlicensed building work at a Jimboomba property in 2021.
Mr Ford was not present in court when her Honour Magistrate Tracy Mossop convicted him of unlicensed building work, not using a contract that complies with requirements, and demanding an excessive deposit from a homeowner.
The QBCC has also prosecuted another three individuals this year in cases where convictions were not recorded [details of these are in the section below].
Acting Commissioner of the QBCC, Tim Murphy, has urged homeowners to only ever use licensed contractors, regardless of the size of their building project.
He said unlicensed individuals exposed owners to illegal and potentially dangerous work, and their work might not be covered by the safety net provided by home warranty insurance.
“The Queensland Home Warranty Scheme is the most accessible scheme in Australia and protects owners if work is incomplete or defective,” Mr Murphy said.
“Owners should get more than one quote, only use a licensed contractor and a contract, and ensure they have their home warranty insurance policy in place before work starts.”
He said the money paid by owners to the unlicensed individuals prosecuted so far this year highlighted the risks in using unlicensed individuals and ranged from $3,350 to $49,000.
QBCC Prosecutions in 2024 for unlicensed building activities
On 25 January 2024, Paul Lawrence Coplick was convicted of unlawfully carrying out building work, fined $15,000 and ordered to pay compensation of $3,350 to a homeowner.
On 9 February 2024, a man pleaded guilty in the Rockhampton Magistrates Court in relation to two charges brought by the QBCC.
The man was fined a total of $6,000 for unlicensed building work and not using a contract that complies with requirements. Convictions were not recorded.
On 15 March 2024, Richard Kaddour was convicted and fined $20,000 for unlawfully carrying out building work and performing building work without a written contract.
On 5 April 2024, a man pleaded guilty in the Holland Park Magistrates Court in relation to unlicensed building work and carrying out plumbing and drainage work without an appropriate licence. The Magistrate fined the defendant a total of $8,500 and convictions were not recorded.
The QBCC prosecuted a man in the Beenleigh Magistrates Court on 12 April 2024 in relation to unlicensed building work, pretending to be a licensee, not using a contract that complies with requirements and demanding and receiving an excess deposit from a homeowner.
The defendant failed to appear and fined a total of $15,000. Convictions were not recorded.
Two separate cases were prosecuted by the QBCC on 19 April 2024.
Gurbuz Oktay and Charles Falevalu Tauvao were both charged with unlicensed building work, not using a contract that complies with requirements, and demanding excessive deposits from home owners.
Mr Oktay was also charged with pretending to be a QBCC licensee. He was convicted of all four offences and fined $25,000.
Mr Tauvao pleaded guilty to all three offences and was convicted and fined $15,000.
On 24 April 2024, Paul Joseph Ford was convicted and fined $16,000 for unlicensed building work, not using a contract that complies with requirements, and demanding excessive deposits from home owners.
A man who has never held a Queensland Building and Construction Commission (QBCC) licence has been convicted of unlawfully carrying out building work.
Richard Kaddour, who was also found guilty of performing regulated building work without a written contract, was sentenced in the Brisbane Magistrates Court earlier this month, after the QBCC charged him with the two offences relating to a bathroom renovation at Clayfield.
In addition to the convictions recorded against Mr Kaddour, he was also fined $20,000 and ordered to pay the Commission’s fees of $1,861.
In passing sentence, Magistrate Joseph Pinder considered Mr Kaddour’s history of non- compliance with the QBCC Act, noted that Mr Kaddour was known to the Commission and had never held a licence under the QBCC Act.
QBCC Commissioner, Anissa Levy, says she is pleased with the result as the regulator has zero tolerance for unscrupulous operators.
“Unlicensed building work is illegal, it undercuts hard-working QBCC licensees who do the right thing and will not be tolerated,’’ Commissioner Levy says.
“By stamping out this activity, we are ensuring a level playing field for licensed contractors.
“The laws exist to help protect Queenslanders during the building process. It is imperative that those in the industry are licensed, pay the appropriate home warranty insurance on behalf of the home owner when undertaking building work, and ensure written contracts comply with all requirements.”
Ms Levy advises home owners to carefully check their contract details and seek legal advice before signing to ensure they are aware of their rights and obligations.
“It is essential that home owners undertake due diligence and ensure building work doesn’t start until a contract is signed, and they should not pay for stages of work ahead of time.”
The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is appropriately licensed.
Background
Unlawfully carrying out building work is an offence under section 42 of the QBCC Act and attracts an escalating series of penalties for each offence.
For a third or later offence, an offender is required to be prosecuted upon indictment before the District Court, as they are alleged to have committed a crime.
A person commits an offence if they provide contracted services for regulated building before a regulated contract which complies with the requirements of the QBCC Act is in place.
The QBCC may issue infringement notices, prosecute or take disciplinary action and apply demerit points, which can lead to loss of licence, potential fines and financial loss for the individual.
An excluded individual is one of three people suspected of performing unlicensed work following an audit of 60 active building sites in Townsville by Queensland’s building regulator.
Queensland Building and Construction Commission (QBCC) officers checked the licences of almost 170 individuals as part of an ongoing campaign around the State to stamp out unlicensed, illegal and defective work.
QBCC Commissioner, Anissa Levy, says another individual was suspected of hiring an unlicensed worker and officers detected a further 22 offences relating to non-compliant signage during the recent three-day audit of residential building sites.
“The three people suspected of performing unlicensed work and the builder suspected of engaging an unlicensed worker are now subject to further investigations which could result in prosecution,” Commissioner Levy says.
“The QBCC has zero tolerance for these illegal activities and there are significant penalties for anyone caught acting unlawfully.
“One of the reasons we take a tough stance in proactively identifying and preventing unlawful activity is to help protect owners and workers from financial risks or defective building work.
“Our compliance audits also ensure there is a level playing field for our licensees who are doing the right thing by obtaining qualifications and experience and providing the QBCC with evidence of their financial stability each year.”
Commissioner Levy says the QBCC’s audits are not just about detecting offending behaviour, as previous campaigns reveal the majority of individuals working on building sites are compliant.
“As most people are doing the right thing, our officers visiting building sites can focus on engaging with licensees and home owners to raise awareness of topical issues, provide them with advice on their rights and responsibilities, and information about the role of the QBCC,” she says.
“Building strong relationships with the industry and home owners, allows us to foster a culture of professionalism and compliance and it helps ensure safer construction practices."
Background
An individual or company caught working without a licence can be issued with fines of up to $3,096 or prosecuted in court. Repeat offending can lead to imprisonment for up to a year.
Public licence register
The QBCC website provides free information to help home and property owners find a qualified, licensed local contractor.
A Brisbane man is the first person in Queensland to face potential imprisonment under a system of escalating penalties following his third conviction for carrying out unlawful building work.
In the Brisbane District Court on 25 January 2024, Paul Lawrence Coplick was convicted of unlawfully carrying out building work, fined $15,000 and ordered to pay compensation of $3,350 to a home owner.
Unlawfully carrying out building work is an offence under the Queensland Building and Construction Commission Act (QBCC Act) and attracts an escalating series of penalties for each offence.
For a third or subsequent offence, an offender is required to be prosecuted upon indictment before the District Court, as they are alleged to have committed a crime.
The QBCC had previously issued a Public Warning about Mr Coplick in January 2021 following allegations of unlawful conduct, including taking excessive deposits for building work.
Mr Coplick was previously convicted of unlawfully carrying out building work in January 2021 and February 2021, in the Brisbane and Ipswich Magistrates Courts.
In the most recent case, Mr Coplick pleaded guilty before his Honour Judge Rafter SC for unlawfully carrying out building work in relation to a property at Greenslopes, Brisbane.
He was warned by his Honour that if compensation was not paid by 24 July 2024, Mr Coplick would need to show cause why a 3-month prison term should not be enforced.
QBCC Commissioner, Anissa Levy, says this prosecution highlights the legal protection provided to Queensland home owners by the QBCC and should provide a deterrent to other unlicensed individuals.
“If you are not licensed to perform building work and you repeatedly perform work unlawfully, you face the prospect of prosecution and possible imprisonment.” Ms Levy says.
The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is appropriately licensed.
The QBCC website also offers a free “Find a Local Contractor” search, to help consumers find licensed, qualified, local tradespeople.
BACKGROUND
The QBCC disqualified Mr Coplick from holding a contractor’s licence from 13 February 2018 to 13 February 2021 because he had accumulated 30 demerit points in a 3-year period.
On 2 September 2020, Mr Coplick provided a quote to a home owner for concreting work to an amount of $8,350.00, with $3,350.00 to be paid as a deposit.
The same day, the home owner transferred the deposit of $3,350.00 to Mr Coplick.
However, Mr Coplick did not conduct any work and did not return the deposit.
The home owner subsequently lodged a complaint with the QBCC, leading to Mr Coplick’s conviction on 25 January 2024.
The case against Mr Coplick relates to section 42(1) of the QBCC Act:
42 Unlawful carrying out of building work
(1) Unless exempt under schedule 1A, a person must not carry out, or undertake to carry out, building work unless the person holds a contractor’s licence of the appropriate class under this Act.
Maximum penalty—
(a) for a first offence—250 penalty units; or
(b) for a second offence—300 penalty units; or
(c) for a third or later offence, or if the building work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.
(2) An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment, commits a crime.
Generally, (however not always) a first offence may be dealt with by way of a penalty infringement notice, the second offence may be dealt with before the Magistrates Court and a third or later offence, upon indictment before the District Court.
A blitz of more than 1,100 active construction sites around the State by Queensland’s building industry regulator has uncovered 73 suspected unlicensed workers.
Sixty-four Queensland Building and Construction Commission (QBCC) officers checked the licences of almost 4,000 workers as part of the Statewide campaign in October and early November.
QBCC Commissioner, Anissa Levy, says during the four-week blitz, which extended from the far north to the Gold Coast, officers looked at everything from home renovation projects to new builds.
“The rate of suspected unlicensed contracting detected during the blitz was just 1.86 per cent, showing that the majority of workers are doing the right thing and Queenslanders should feel confident that their homes are being built by people with the appropriate skills and qualifications,” Commissioner Levy says.
“However, the 73 people suspected of performing unlicensed work are now subject to further investigations which could result in prosecution.”
Commissioner Levy says the people suspected of unlicensed contracting were a mix of experienced and inexperienced individuals.
The unlicensed activity included work involving brick and block laying, carpentry, concreting, plumbing and drainage, painting and decorating, roof and wall cladding, structural landscaping, wall and floor tiling and waterproofing.
“In addition to the suspected unlicensed workers, our officers detected a number of minor offences in each region, resulting in warnings or educational letters,” Ms Levy says.
QBCC officers are preparing to issue more than 200 letters about non-compliant signage.
Commissioner Levy says proactive campaigns like this are conducted to help the QBCC ensure the construction industry is meeting its obligations regarding licensing, including the use of appropriately licensed subcontractors.
“We also take the opportunity during these campaigns to provide educational advice to licensees and to inform home owners of their rights and responsibilities, and about the role of the QBCC,” Commissioner Levy says.
“On this particular campaign our officers distributed more than 2,000 information pamphlets to workers on sites.”
Unlicensed contracting and improper use of a licence were among the five most common offences investigated by QBCC officers around the State in the last financial year.
During 2022-2023, the QBCC investigated 735 people for unlicensed contracting and 204 people were investigated for improper use of a licence.
Commissioner Levy says the QBCC has zero tolerance for these illegal activities and there are significant penalties for anyone caught acting unlawfully.
“One of the reasons we take a tough stance is to protect home owners and workers on construction sites. By proactively identifying and preventing unlawful activity, we are helping to keep everyone safe,’’ she says.
“It also ensures there is a level playing field for our licensed contractors who are doing the right thing by obtaining qualifications and experience and providing the QBCC with evidence of their financial stability each year.
“Another reason we take such a tough stance is to make sure home owners are aware of, and not forgoing their access to Australia’s most accessible home warranty scheme, the Queensland Home Warranty Scheme, administered by the QBCC.”
Background
An individual or company caught working without a licence can be issued with fines up to $3,096 or prosecuted in court. Repeat offending can lead to imprisonment for up to a year.
Officers from Queensland’s building regulator will be out in force in October targeting active building sites around the State to help stamp out unlicensed, illegal and defective work.
Queensland Building and Construction Commission (QBCC) officers will be cracking down on unlicensed workers to ensure the construction industry is meeting its obligations around safety and building standards.
Where appropriate, the QBCC officers will provide advice to contractors and home owners if they have questions or concerns about building work.
QBCC Commissioner, Anissa Levy, says the blitz will kick off in southeast Queensland, before progressing to other locations across the State.
“Our action helps keep work sites free of risk and protects the people who will live, work and gather in the buildings under construction by ensuring they have been built by workers with the appropriate skills and qualifications,’’ Commissioner Levy says.
“They also give our officers an opportunity to connect with contractors on active sites to provide advice about the work being undertaken. We also use the opportunity to inform home owners about their rights and the role of the QBCC.
“The great news is that we know from previous compliance action that the majority of licensed contractors do the right thing, but we need to ensure this remains the case.”
Commissioner Levy says anyone caught breaking the law by working without a licence, outside of their scope, or by hiring unlicensed individuals, will be penalised.
“The QBCC has zero tolerance for unlicensed activity and there are significant penalties for anyone caught working without the appropriate licence,” she says.
“One of the reasons we take a tough stance on unlicensed activity is that it helps reduce defective building work, which could cost owners additional time and money to rectify.
“It also ensures there is a level playing field for our licensed contractors who are doing the right thing by obtaining qualifications and experience and providing the QBCC with evidence of their financial stability each year.”
Commissioner Levy says home owners who choose licensed contractors have peace of mind knowing that they meet these important criteria.
“In addition to these safeguards, QBCC licensees also know that they are required to use contracts and take out insurance on work worth more than $3,300, which protects owners against incomplete or defective work.”
In the 2022-2023 financial year, the QBCC undertook 1,404 site visits or inspections and launched investigations into 735 instances of unlicensed contracting and 204 instances of improper use of a licence.
Background
An individual or company caught working without a licence can be fined up to $3,096 for the first offence.
A subsequent offence will result in prosecution, with three or more offences being referred to the Office of the Director of Public Prosecutions for indictment, with a maximum penalty of imprisonment for one year.