The Queensland Building and Construction Commission (QBCC) has intensified compliance audits across Brisbane and Southeast Queensland in July 2026, identifying multiple individuals suspected of carrying out unlicensed building work.
In Beenleigh, the Magistrates Court recently fined two individuals following separate QBCC prosecutions for unlawful building work. The QBCC has made clear that enforcement activity will continue across the region.
What Is Unlicensed Building Work in Queensland?
Under the Queensland Building and Construction Commission Act 1991 (Qld) (QBCA), any person who carries out or supervises building work over a certain value must hold the appropriate QBCC licence for that category of work. Building work carried out without a licence is unlawful and exposes contractors and subcontractors to significant legal consequences.
The QBCA defines “building work” broadly, including construction, renovation, extension, alteration, improvement, repair, or maintenance of a building or structure. It also includes work associated with a building, including site preparation, excavation, and landscaping connected to building work.
Licence categories commonly affected in enforcement actions include:
- Builder — low rise and medium rise
- Hydraulic services designer
- Fire protection
- Site work (excavation, earthworks)
- Painting and decorating (above certain thresholds)
- Roof plumbing
What Are the Penalties for Unlicensed Building Work?
The consequences of carrying out unlicensed building work in Queensland are serious. Under section 42 of the QBCA, performing building work without a licence is an offence carrying a maximum penalty of 100 penalty units (currently $14,375 from 1 July 2026).
Penalties for unlicensed building work can include:
- On-the-spot infringement notices issued by QBCC compliance officers
- Prosecution in the Magistrates Court resulting in fines up to the maximum penalty unit amount
- Loss of entitlement to be paid for work performed — under section 42A of the QBCA, an unlicensed contractor may be unable to recover payment for work done
- QBCC enforcement notices requiring rectification of defective work at the contractor’s cost
- Damage to business reputation and future licensing eligibility
For principal contractors who subcontract work to unlicensed subcontractors, there are also potential exposure points — QBCC audits increasingly target the head contractor as well as the unlicensed subcontractor.
What Homeowners and Developers Should Do
For homeowners and developers, engaging an unlicensed contractor creates significant legal and financial risk:
- Work may not meet minimum building standards under the QBCA
- Queensland Home Warranty Insurance (issued by QBCC) requires the contractor to hold an appropriate licence — work by an unlicensed contractor will not be covered
- Defects in unlicensed work cannot be pursued through the standard QBCC complaint process
- Payment disputes involving unlicensed contractors become significantly more complex, particularly if the Security of Payment regime under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) is involved
Before engaging any contractor for building work in Queensland, verify their QBCC licence through the QBCC licence search tool at my.qbcc.qld.gov.au. A current licence is a minimum requirement — check the licence category matches the work to be performed and that the licence is not suspended or cancelled.
If You Receive a QBCC Enforcement Notice or Are Under Investigation
If you are a contractor, subcontractor, homeowner, or developer who has received a QBCC enforcement notice, compliance direction, or formal notification of investigation, you should seek legal advice immediately.
Key steps to take include:
- Do not ignore the notice. QBCC enforcement notices have strict response deadlines. Missing a deadline can result in automatic escalation to prosecution or licence action.
- Review the specific allegation. The QBCC must specify the nature of the unlicensed work alleged and the basis for its finding. There may be grounds to challenge the characterisation of the work or the applicable licence category.
- Consider whether a review or appeal is available. QBCC decisions are reviewable through the QBCC’s internal review process and, ultimately, the Queensland Civil and Administrative Tribunal (QCAT).
- Assess your payment position. If you are a contractor being investigated, consider your rights and obligations regarding payment for work already performed, including whether Security of Payment adjudication is appropriate before the investigation proceeds further.
- Obtain legal representation. QBCC enforcement proceedings can be complex, particularly where there are disputes about licence categories, the scope of work performed, or the application of defences.
Boss Lawyers: Building and Construction Disputes in Brisbane
Boss Lawyers acts for homeowners, developers, subcontractors and principal contractors in building and construction disputes across Queensland. If you are facing a QBCC investigation, compliance action, or enforcement notice, we can help you understand your position and protect your rights.
If you are involved in a broader construction dispute — including SOPA adjudications, defect claims, payment disputes, or contractor licensing issues — our team regularly advises on all aspects of building and construction law in Brisbane. We also advise on commercial litigation where disputes escalate to court proceedings.
Call us on 1300 267 711 to speak with Mark Harley, Principal Solicitor.
This is general information only and is not legal advice. You should obtain professional advice specific to your circumstances.
Author: Mark Harley, Principal Solicitor, Boss Lawyers Pty Ltd. Mark has more than 17 years’ experience in commercial litigation and building and construction disputes, and regularly acts for contractors, developers and homeowners in QBCC matters across Queensland.
