Cancelled or suspended licences
What contractors should do
Performing any residential building work or any plumbing, gasfitting, electrical wiring, or air-conditioning and refrigeration work in NSW requires that you be licensed by Fair Trading.
You must have a contractor licence before you contract, sub-contract or advertise to do residential building work where the labour and materials is more than $5,000.
Cancellation or suspension of contractor licences
Your contractor licence may be cancelled or suspended for a range of disciplinary reasons and/or if you:
become involved in unlawful activity
obtain a licence by misrepresentation or fraudulent means
are or were a director of a company.that becomes an externally-administered body corporate (other than cases of administration resulting from members’ voluntary winding up)
- have any change in circumstance that would have required NSW Fair Trading to refuse an application for a contractor licence if you were applying.
In addition, Fair Trading is able to suspend the licence:
- For failure to comply with a money order. For further information, refer to the Licence suspensions for failing to comply with an order page.
- For a company where a controller or administrator is appointed, or during an investigation into a licensee's conduct. Suspension would be based on an assessment of the risk to the public. Suspension can be reversed if the administration is finalised and the company is able to trade, or if an investigation concludes no further action should be taken.
Immediate action required
If your licence is cancelled or suspended you must immediately:
stop work on all residential building works
advise all clients, verbally and in writing, that your licence has been cancelled or suspended and you are unable to complete residential building work
return to clients any monies/progress payments for work you will not be able to complete
if you become bankrupt, or are entering or in liquidation, advise your clients to contact the insurer on the certificate of insurance provided by you for their building contract
return your licence card by mailing it to the Home Building Service or by lodging it at a Fair Trading Centre. If you are unable to lodge the card, you must provide us with a statutory declaration as to why the card cannot be returned. Failure to return your licence card can attract a $2,200 fine for an individual or $4,400 for a company.
Administrative cancellation of licences, certificates or permits
Your licence, certificate or permit may be cancelled if it is determined that it was issued, renewed or restored because of a misrepresentation (whether fraudulent or not) or an error (whether as a result of misrepresentation or not).