QBCC Licensing Changes 2026: What Queensland Builders and Contractors Need to Know
Author: Mark Harley, Principal Solicitor, Boss Lawyers
If you hold a QBCC licence — or are in the process of applying for one — there are changes you need to know about. On 1 February 2026, the Queensland Building and Construction Commission and Other Legislation Amendment Regulation 2026 (the Amendment Regulation) commenced. It amends the Queensland Building and Construction Commission Regulation 2018 (the QBCC Regulation) in several practical ways.
This article explains what changed, what it means for builders and contractors on the ground, and when getting legal advice makes commercial sense.
Background: The Building Reg Reno
The QBCC has been progressively modernising its regulatory framework under what it calls the “Building Reg Reno” — a phased series of amendments to the underlying regulations that govern licensing. The Amendment Regulation that commenced 1 February 2026 represents Tranche 3 of that process.
The amendments are not dramatic structural changes to who needs a licence or what categories of work require licensing. They are, however, meaningful updates to the mechanics of how licences are applied for, how fees are structured and described, and how enforcement operates in specific circumstances.
For most existing licensees, the practical impact is relatively modest. But the changes matter — particularly the new infringement notice regime — and every licensed contractor should understand what has shifted.
What Changed Under the Amendment Regulation 2026
1. Licence Application Mechanics Updated (Section 16, QBCC Regulation 2018)
The Amendment Regulation updates section 16 of the QBCC Regulation 2018, which governs the process for applying for a licence. The changes clarify the mechanics of how applications are made and how fees interact with the application process.
Specifically, the updated provisions now expressly identify two distinct fees that apply to most licence applications:
- the licence application fee (payable when submitting an application); and
- the licence fee (payable for the grant of the licence itself).
This distinction was always implicit in how the QBCC fee structure operated, but the Amendment Regulation makes it explicit in the text of the Regulation.
2. Fee Waiver Wording Updated
For certain pathways covered by section 16 — including specific eligibility categories — the Regulation now expressly states that payment of both the licence application fee and the licence fee “is waived”. The updated language removes any ambiguity about whether both components of the fee are waived for applicants in those categories, or only one.
If you believe you may fall into a category where fees are waived, confirm this directly with the QBCC before submitting your application. Do not assume — the conditions attached to waivers remain strictly applied.
3. Schedule 7 (Fees) Updated
The Amendment Regulation amends Schedule 7 of the QBCC Regulation, which sets out the prescribed fees for licensing. The amendments update cross-references to section 33 paragraphs to reflect the new structure introduced by the Amendment Regulation.
In practical terms, this means the fee schedule is now internally consistent with the updated section 16 provisions and the new dictionary definitions (see below).
4. New Dictionary Definitions Inserted (Schedule 8)
The Amendment Regulation inserts two new definitions into Schedule 8 (the Dictionary) of the QBCC Regulation:
- “licence application fee” — defined by reference to the fee payable on application for a licence; and
- “licence fee” — defined by reference to the fee payable for the grant of the licence.
These definitions provide the definitional foundation for the updated fee terminology used throughout the amended provisions. They resolve any prior inconsistency between the way fees were described in the body of the Regulation and the way they were listed in the fee schedule.
5. New Infringement Notice for Section 109C
This is the change with the most immediate enforcement significance.
The Amendment Regulation inserts a new infringement notice entry for section 109C of the Queensland Building and Construction Commission Act 1991 (the QBCC Act). The infringement notice fine is set at 1 penalty unit.
In Queensland, 1 penalty unit is currently set by the Penalties and Sentences Act 1992 and is indexed annually. For the 2025–26 financial year, 1 penalty unit is $154.00.
What does this mean in practice? Previously, enforcement action for conduct falling under s 109C required a formal prosecution or other formal enforcement pathway. The addition of an infringement notice option gives QBCC officers a new, lower-friction enforcement tool — an on-the-spot fine that can be issued without commencing court proceedings.
For contractors, the practical consequence is straightforward: conduct that previously might have required a formal prosecution to address can now result in an infringement notice issued on the spot. This lowers the barrier for QBCC to take enforcement action and increases the practical likelihood that non-compliance is actioned quickly.
6. QBCC Communications: Email as Primary Channel
Closely connected to the Tranche 3 changes, the QBCC has also shifted to email as its primary method of communication with licensees from 1 February 2026. This includes:
- licensing updates;
- defective work decisions;
- Queensland Home Warranty Scheme correspondence; and
- other notices and regulatory decisions.
Actionable: If your email address on file with the QBCC is out of date, or if you don’t have a current email address registered, update it immediately via myQBCC. Missing a regulatory notice because your contact details are stale is not a defence.
What This Means Practically for Builders and Contractors
If you are applying for a licence
The fee structure is now more clearly defined. You will be paying both a licence application fee and a licence fee (unless a waiver applies to your pathway). Make sure you understand which fee applies at which stage of the application. Contact the QBCC or check the current fee schedule on the QBCC website before lodging.
If you already hold a licence
Most of the Amendment Regulation’s changes will operate in the background and won’t require you to take any active steps. However:
- Make sure your QBCC contact details — particularly your email address — are current.
- Be aware that the new s 109C infringement notice means certain non-compliances can be actioned faster by the QBCC.
- Renewal fees and the fee schedule remain relevant — confirm the current amounts directly with the QBCC as penalty unit values are updated each financial year.
If you receive an infringement notice
An infringement notice for a QBCC regulatory breach is not something to dismiss because the dollar amount seems low. Infringement notices can form part of a compliance history that QBCC considers when making decisions about licences — including renewals, conditions, and disciplinary action.
If you receive an infringement notice relating to your QBCC licence, you should:
- Read it carefully and identify the specific provision alleged to have been breached;
- Consider whether the notice is valid and whether the alleged conduct actually occurred;
- Be aware of the election to have the matter dealt with by a court rather than paying the infringement amount; and
- Get legal advice if you are uncertain about the appropriate response.
Disputes With the QBCC or Your Clients
Licensing changes don’t exist in a vacuum. For many contractors, the more pressing legal issues arise not from licensing itself but from what happens during or after a project — payment disputes, defective work claims, QBCC investigations, and Security of Payment Act adjudications.
If you’re facing:
- A QBCC investigation or show-cause notice;
- A payment dispute under the Building Industry Fairness (Security of Payment) Act 2017 (Qld);
- A debt recovery issue with a client or subcontractor;
- A contractual dispute on a commercial or residential project;
- A defective work claim;
…these are situations where getting the right legal advice early makes a material difference to the outcome.
Boss Lawyers regularly acts for builders, developers, subcontractors, and construction businesses facing disputes in Queensland. We understand the commercial pressures in the construction industry and we focus on practical outcomes — not prolonged litigation for its own sake.
→ Learn more about our Building & Construction legal services
→ Debt recovery for contractors and subcontractors
When to Get Legal Advice
You should seek legal advice if:
- You receive a show-cause notice from the QBCC about your licence;
- You receive an infringement notice you believe is incorrect;
- You are facing suspension, cancellation, or conditions on your licence;
- You have a payment dispute with a client or principal contractor;
- A client is threatening or has commenced legal proceedings;
- You are owed money and need to recover it;
- You are considering whether to submit a SOPA payment claim or respond to one.
The earlier you get advice, the more options you have. Construction disputes — particularly those under the Security of Payment regime — move fast, and missing a deadline can be costly.
Frequently Asked Questions
Does the Amendment Regulation change who needs a QBCC licence?
No. The Amendment Regulation does not change the categories of work that require a QBCC licence or the threshold above which residential building work requires a licensed contractor. Those requirements remain governed by the QBCC Act and the existing Regulation. The Amendment Regulation makes changes to application mechanics, fee terminology, and enforcement.
What is the infringement notice for section 109C?
The Amendment Regulation inserts a new infringement notice entry for section 109C of the QBCC Act, with a fine of 1 penalty unit (currently $154.00 for 2025–26). This gives QBCC inspectors a new tool to issue on-the-spot fines for relevant non-compliance without commencing court proceedings. If you receive an infringement notice, seek legal advice before deciding how to respond.
What should I do to comply with the 2026 changes?
For most existing licensees, the immediate practical step is straightforward: ensure your email address is current with the QBCC, as email is now the primary channel for regulatory notices and decisions. For those applying for a new licence, confirm the current fee structure with the QBCC before lodging. And if you face any QBCC enforcement action, get legal advice early.
Key Takeaways
- The Queensland Building and Construction Commission and Other Legislation Amendment Regulation 2026 commenced 1 February 2026.
- It clarifies licence application mechanics, updates fee terminology, and adds dictionary definitions for “licence application fee” and “licence fee”.
- A new infringement notice for s 109C (1 penalty unit) gives the QBCC a lower-friction enforcement tool.
- Email is now QBCC’s primary communication channel — update your contact details.
- These changes don’t alter who needs a licence, but they affect how applications are made and how enforcement operates.
Need Legal Advice About Your QBCC Licence or a Construction Dispute?
Boss Lawyers regularly acts for Queensland builders, contractors, and construction companies. We’ll give you a straight assessment of your position — no jargon, no run-around.
📞 Call 1300 267 711
📍 Level 27, Santos Place, 32 Turbot Street, Brisbane QLD 4000
🌐 bosslawyers.com.au/service/building-construction-lawyers-brisbane/
Mark Harley is Principal Solicitor of Boss Lawyers Pty Ltd. With over 17 years of experience and more than 3,000 clients, Mark focuses on commercial litigation, insolvency, director disputes, and building and construction law. He is based in Brisbane’s CBD at Level 27, Santos Place.
