ACT Planning and Land Authority - Definitions of terms used in builders’ licensing

Definitions of terms used in builders’ licensing

Most terms used in builders’ licensing can be found in the Building Act 2004 and the Building (General) Regulation 2008 which can be found at www.legislation.act.gov.au or in the Building Code of Australia (BCA). The following is a summary of some of the terms that may be used on a licence or in an assessment of a licence.

Terms described in the Building Act 2004

Meaning of building work -

(a) work in relation to the erection, alteration or demolition of a building, and includes disposal of waste materials generated -

(i) by the alteration of a building other than a building excluded under the regulations or

(ii) by the demolition of a building (but not part of the building) or

(b) work in relation to repairs of a structural nature to a building.

The Building (General) Regulation may exempt a kind of work from the definition of building work; or include a kind of work in the definition of building work.

Meaning of building

Building includes –

(a) a structure on or attached to land and

(b) an addition to a building and

(d) fixtures and

(e) part of a building, whether the building is completed or not.

Meaning of structure

Structure includes —

(a) a fence, retaining wall, swimming pool, ornamental pond, mast, antenna, aerial, advertising device, notice or sign and

(b) a thing prescribed under the regulations as a structure.

(Structure does not usually include something that is part of a machine or mechanical plant unless it is part of something classified as a building or structure by the building code; or prescribed under the regulations for this section.)

Meaning of specialist building work

Specialist building work means –

(i) the installation of a swimming pool or

(ii) the demolition of a building and

Specialist building work includes building work prescribed under the regulations as specialist building work.

Meaning of Basic Building Work

Basic Building Work means -

(i) erecting a prefabricated class 10a building;

(ii) erecting a class 10a outbuilding;

(iii) installing fireplaces or solid-fuel heaters;

(iv) non-structural work.

Basic Building Work does not include specialist building work.

Meaning of Non-Structural Work

Non-Structural Work means work on a part of a building that does not, or is not intended to, carry a structural load imposed or transmitted by another part of a building.

Non-Structural Work includes work on non-load bearing walls, doors, partitioning, reticulated pipework, ventilation ductwork and building fit-out items.

Non-Structural Work does not include the following work:

(i) work that may affect the structural integrity of a structural element of a building, or weaken or remove, completely or partly, the structural element, if the element is installed in a way that it carries, or can carry, a load of part of a building;

(ii) work that involves the use of a structural element to carry, or to possibly carry, a structural load of part of a building.

Classification of Buildings and Structures from the Building Code of Australia (BCA)

Class 1 – one or more buildings which is association constitute –

(a) Class 1a – a single dwelling being –

(i) a detached house; or

(ii) one of a group of two ore more attached dwellings, each being a building, separated by a fire-resisting wall, including a row house, terrace house, town house or villa unit; or

Class 1b – a boarding house, guest house, hostel or the like –

(i) with a total area of all floors not exceeding 300 square metres measured over the enclosing walls of the Class 1b; and

(ii) in which not more than 12 persons would ordinarily be resident,

which is not located above or below another dwelling or another Class of building other than a private garage.

Class 2 – a building containing 2 or more sole-occupancy units each being a separate dwelling.

Class 3 – a residential building, other than a building of Class 1 or 2, which is a common place of long term or transient living for a number of unrelated persons, including –

(a) a boarding-house, guest house, hostel, lodging-house or backpackers accommodation; or

(b) a residential part of a hotel or motel; or

(d) accommodation for the aged, children or people with disabilities; or

(e) a residential part of a health-care building which accommodates members of staff; or

(f) a residential part of a detention centre.

Class 4 – a dwelling in a building that is Class 5, 6, 7, 8 or 9 if it is the only dwelling in the building.

Class 5 – an office building used for professional or commercial purposes, excluding buildings of Class 6, 7, 8 or 9.

Class 6 – a shop or other building for the sale of goods by retail or the supply of services direct to the public, including –

(a) an eating room, cafÉ, restaurant, milk or soft-drink bar; or

(b) a dining room, bar, shop or kiosk part of a hotel or motel; or

(d) a market or sale room, showroom, or service station.

Class 7 – a building which is –

(a) Class 7a – a car park; or

(b) Class 7b – for storage, or display of goods or produce for sale by wholesale.

Class 8 – a laboratory, or a building in which a handicraft or process for the production, assembling, alteration, repairing, packing, finishing, or cleaning of goods or produce is carried on for trade, sale, or gain.

Class 9 – a building of a public nature –

(a) Class 9a – a health-care building, including those parts of the building set aside as a laboratory; or

(b) Class 9b – an assembly building, including a trade workshop, laboratory or the like in a primary or secondary school, but excluding any other parts of the building that are of another Class; or

Class 10 – a non-habitable building or structure -

(a) Class 10a – a non-habitable building being a private garage, carport, shed, or the like; or

(b) Class 10b – a structure being a fence, mast, antenna, retaining or free-standing wall, swimming pool, or the like.

Eligibility

The Mandatory Qualifications Schedule sets out the qualifications required for the different types of licences. These include tertiary qualifications and work experience.

Applications

Please complete the forms that apply to your situation.

For individuals:

CL1 – Construction practitioner licence – individual plus one of the following

If you are licensed elsewhere in Australia or New Zealand:

CL2 - Construction practitioner licence - Mutual recognition

For companies and partnerships, including changes and renewal:

CL3 - Construction practitioner licence – OrganisationChanges and replacements

Please complete the forms that apply to your situation.

Renewal and refusal

Licences are typically for three years, but can be shorter. You need to renew your licence before its expiry. You can renew your licence online, including paying the required fee by credit card over a secure Internet connection. The Construction Occupations Registrar can refuse and may impose or remove conditions on a licence at the time of licensing.

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