Do I need a Property Developer Licence?

As members should be aware, the Property Developers Act 2024 (ACT) (the Act) came into effect on 1 April 2025. The Act introduced a compulsory licensing scheme for a person or entity engaged in residential property development.

Who needs to be licenced?

You will need a Property Developer Licence if you are a person or entity:

1. Applying for development approval; or
2. Applying for building approval, building commencement notice, or a certificate of occupancy; or
3. Selling or advertising the sale of residential property off the plan

In relation to a project to construct 3 or more dwellings. This includes altering a residential building.

What is a regulated residential building?

A class 1 or class 2 building, or a building that contains a class 2 building, constructed as part of a project to construct 3 or more dwellings.

Who is eligible for a licence?

Under section 12 of the Act, an applicant will be eligible to apply for a Property Developer Licence if the Registrar is satisfied that the applicant is a suitable person who has the operational and financial capacity to undertake residential development activities.

In order to determine if a person or entity is considered suitable, the Registrar can take a host of factors into consideration. While the list is not exhaustive,  some of the factors include:

• the applicants character;
• the applicants history of compliance with the Act and relevant laws;
• compliance with any competency requirements;
• the applicants operational and financial capacity to undertake residential development activities; etc.

Are there exclusions to the requirement to register?

Some categories of people are excluded from the requirement to obtain a Property Developer Licence under the Act, these are:

• a professional who contracts or arranges for, or facilitates or otherwise causes the residential building work to be carried out only because they provide professional advice in relation to the building work;
• a subcontractor engaged to carry out residential building work by the principal builder of the building work;
• off-the-plan buyers that on-sell before project completion; and
• the owner-builder of the residential building work of its main home or ancillary residence.

When must I have my licence?

You can start applying for a Property Developer Licence from 1 October 2025 however it will be compulsory to have a licence by 1 October 2026 for any new, existing or ongoing builds.

Where can I apply?

You can apply through the Access Canberra website here.

What are the fees?

• a licence application fee – $1,000
• annual licence term fee – $1,000 per year
• activity-based fee – $500 (per dwelling)*

* charged per dwelling at the Building Approval stage

Full details of the fee structure are set out in the Property Developers (Fees) Determination 2025.

Applicants should note that the Property Developer Licensing Scheme (the Scheme) will be regulated by the Construction Occupations Registrar (the Registrar). The Registrar’s powers include, but are not limited to, issuing stop work and rectification orders. All applicants will be expected to conduct themselves in accordance with the Code of Practice published for Property Development Licencees.

Members are encouraged to ensure that they familiarise themselves with the Scheme and ensure they apply early to avoid adverse action by the Registrar.

If you have any questions or need further guidance, please don’t hesitate to contact our Workplace Relations team:

📞 (02) 6175 5900
📧 workplace@mba.org.au