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Clarifying the new registration and licensing of trades legislation

August 04, 2019

HIA’s Workplace Services’ team has received a number of questions from our members which suggest that there is some confusion about the registration and licensing of trades legislation passed in 2018 and scheduled to commence in September 2020. Some members are confused about whether Domestic Builders (Unlimited) are affected by the new legislation and about who may be required to be registered or licensed by September 2020.

Who may be registered or licensed?

The Building Amendment (Registration of Building Trades and Other Matters) Act 2018 (Vic) (the Act) does not require all persons working on a building site to be registered or licensed by 1 September 2020. The Act only requires builders whose trade is listed as a prescribed trade on or after 1 September 2020, to be registered or licensed within one year of the trade being prescribed.

This means that if a trade is prescribed on 1 September 2020, all builders working in that trade must be registered or licensed by 31 August 2021.  If a trade is not prescribed until later, then the relevant date is a year later.  If a person is not in a prescribed trade they may never need a registration or licence to work on a building site.

The government has not yet confirmed which trades will be included in the prescribed list. There were indications in late 2018 that carpentry, bricklaying, plastering, waterproofing and foundation trades would be the first prescribed trades listed on 1 September 2020. However this is not certain and it is quite possible for one (or all) of these trades to not be included in the prescribed list on 1 September 2020.

Builders should take note that once the prescribed list is released, they should have over one year to get themselves registered or licensed. The HIA will notify its members when the prescribed list is released by the government.

Are Domestic Builders (Unlimited) affected?

Registered Domestic Builders (Unlimited) (DB-Us) should NOT have to apply to be a Domestic Builder (Limited) (DB-L) in order to be to registered as a trade and carry out work in that particular trade from 1 September 2020.  This is because the Domestic Builder (Unlimited) registration already allows builders to carry out all forms of domestic building work in Victoria.

For further information, please contact HIA Workplace Services on 1300 650 620.