Applying for a Building Licence – Issues to Check

31/03/2016

A person who applies for a Building Licence in New South Wales can often find the process complicated.  New South Wales law requires that a person who applies for a Building Licence should not only have sufficient education but also enough experience being supervised by a Builder.  The rules in New South Wales set out the required building experience, which can involve working on building projects under the supervision of a registered Builder.

Prior to applying for a Building Licence, it is wise to keep in mind the following aspects:

1. You will need to set out in detail the experience you have carrying out work under a licensed builder on building projects in New South Wales.  You should set out the different aspects of a building project on which you worked and the type of building activities you undertook.  Ideally, you should provide references from the people who supervised you over the relevant period. 
2. If you find that the New South Wales Government, having considered you Application, has rejected your Application, you may be able to have your Application reconsidered.  The first step in such reconsideration is an “internal review”.  An internal review comprises the re-examination of your Application by an Officer of New South Wales Fair Trading who will read your file and have a “second look” at all material you have included.  Fair Trading will then send you its decision on the internal review. 
3. Following the receipt of the decision regarding your internal review it is possible if you are unsuccessful, that you may apply to the New South Wales Civil and Administrative Tribunal for a review of Fair Trading’s decision.  As part of that Application, you can attend the Tribunal and put your case before a Member of the Tribunal.  During that process, you can submit any material, together with legal submissions on the question of whether you should be entitled to be granted a licence.  It is possible that you can undertake the appearance by yourself. However it is recommended and is likely to be of assistance that you instruct the appropriate Solicitor to advise and assist you in preparation of your case and appear before the Tribunal with the assistance of a Lawyer.
4. The New South Wales and Administrative Tribunal will consider your case and then (most likely after an adjournment) make a decision about whether you can ultimately obtain a Building Licence.

Watson and Watson, Solicitors are experts in Building and Construction Law and can assist you with the preparation of any Application to Tribunals concerning Building Licences.  If you have any concerns about the process of applying for a Licence or any advice about internal reviews or Applications to the Tribunal, please feel free to contact us.  We can assist with preparing written submissions, advising on evidence and how the Building Law in New South Wales relates to your circumstances. 

Please do not hesitate to telephone Richard Watson, a Solicitor with in excess of 25 years experience who will be able to discuss the matter and assist you with any issues concerning Building Licences.