What is a company?
A company is, in the eyes of the law, an independent legal entity, with many attributes of a person. The Corporations Act 2001 provides that a company has the separate legal capacity of a natural person, and certain other powers, such as the power to issue and allot shares, to enter into contracts, to buy and sell property, to borrow funds and to sue and be sued by others. 

Unlike a company, a trust is not recognised as a separate legal entity and for that reason cannot obtain a BSA licence. However, the trustee of the trust (being an individual or company) must obtain a licence in order to carry out building work in Queensland.

Companies are registered with the Australian Securities and Investments Commission (ASIC) and allocated a unique Australian Company Number (ACN). Companies are obliged to keep separate financial records and bank accounts and may also act as trustees of trust funds.

Can a company get a licence?
Yes - A company can apply for a licence.

When does a company need a licence?
A company is required to obtain a licence if it carries out or undertakes to carry out building work under the company name e.g. signs a contract under a Pty Ltd (also see When is a Licence Required?). Note - companies may also risk prosecution where they do not hold the appropriate licence. It is not sufficient to employ an individual or have a director who is licensed with BSA and use their licence number on contracts.

How does a company obtain a licence?
1. Complete an application form under the company name and provide ALL requested information.

2. The application requires you to provide details, and the signature of the chosen nominee supervisor who is nominated by the company to have responsibility for supervision of building work to be carried out under the company licence. The nominee supervisor must be an officer or employee of the company eg. Director, secretary or employee who holds the licence the company applied for e.g. a company wishing to obtain a carpentry licence must have a Director, secretary or employee who holds a carpentry licence. BSA can only issue a licence to a company where that company has a director, secretary or employee who holds a BSA licence for the same class the company has applied for.  The company and nominee supervisor may apply for a BSA licence at the same time.

3. The company MUST be registered with the Australian Securities and Investments Commission (ASIC) and hold an Australian Company Number (ACN). A Company Historical Extract no older than 30 days is the only proof of registration accepted by BSA.

4. Demonstrate financial capacity by meeting the Financial Requirements for Licensing.
Note: If your company is applying for one of the following licence classes - Builder Project Management Services, Building Design Low / Medium / Open, Hydraulic Services Design or Site Classifier you may not have to provide financial information - click here for more information.

In addition the following will also be required:
5. Proof of identity (certified copy of drivers licence, passport or provision of 100 points Proof of Identity of one of the directors of the company)
6. Where operating under a trading name - a current copy of your Business Name Certificate or a Business Names Extract.
7. Where operating under a partnership - proof of the business partnership or an original or certified copy of BSA's Statutory Declaration for Partnership.

The original completed application form, along with all the required supporting documentation and appropriate fee, should be mailed to GPO Box 5099, Brisbane, Qld 4001 or lodged in person at the nearest BSA office (see application form for physical addresses). Warning: Please do not send in original documents such as a Passport, unless required.

How long will it take to get the licence?
The application process takes between six to eight weeks to complete. Applicants will be contacted by BSA if outstanding or additional information is required. BSA will also undertake checks to confirm whether the director/s or any person/s who is in a position of control is a fit and proper person to hold a licence.

Can work be commenced before the licence is granted?
No - Carrying out building work or giving quotes (tenders) for building work before a licence is granted is unlicensed contracting.