As members should be aware, the Property Developers Act 2024 (ACT) (the Act) commenced in stages and introduced a compulsory licensing scheme for certain residential property development activities. Applications for a Property Developer Licence opened on 1 October 2025, with licensing becoming compulsory from 1 October 2026.
Who needs to be licensed?
From 1 October 2026, a Property Developer Licence will be required where a person or entity is:
- the proponent applying for development approval;
- arranging for residential building work to be carried out when an application is made for building approval, a building commencement notice or a certificate of occupancy; or
- selling residential property off-the-plan.
A qualifying related entity may hold the licence in some circumstances. Advertisements for off-the-plan sales must also display the relevant licence number.
These requirements apply to projects involving the construction of three or more dwellings, including building or altering a regulated residential building.
What is a regulated residential building?
A Class 1 or Class 2 building, or a building containing a Class 2 component, constructed as part of a project to construct three or more dwellings.
This may include detached dwellings on separately titled blocks where they form part of the same development project. It does not generally include standalone single-dwelling or dual-occupancy projects.
Who is eligible for a licence?
Under section 12 of the Act, an applicant will be eligible 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 determining whether a person or entity is suitable, the Registrar may consider a range of factors. While the list is not exhaustive, these include:
- the applicant’s character;
- the applicant’s history of compliance with the Act and other relevant laws;
- compliance with any competency requirements;
- the applicant’s operational and financial capacity to undertake residential development activities; and
- the applicant’s associated entities and key people.
Applicants must also provide a rating report prepared by an approved rating entity.
When is a licence not required?
A Property Developer Licence is generally not required for:
- standalone projects involving only one or two dwellings;
- Class 3 buildings, such as hotels, boarding houses and student accommodation;
- Class 9c residential aged-care buildings;
- specified government entities;
- qualifying retirement-village developments undertaken by an approved aged-care provider registered as a public benevolent institution; and
- certain purchasers who on-sell a property that was previously purchased off-the-plan, subject to the prescribed conditions and disclosure requirements.
A person does not require a licence solely because they are acting as a building certifier, building assessor, professional adviser, subcontractor, employee, financier or liquidator.
Under current ACT Government guidance, a principal builder also does not automatically require a licence merely because it is carrying out work for a separate licensed developer. However, a builder may require a licence if it is also the development application proponent, the off-the-plan seller or a person arranging and controlling the development.
These roles may still be subject to other requirements or regulatory action under the Act. Each project should be assessed according to the activities undertaken by the relevant person or entity.
When must I have my licence?
It will be compulsory to hold a Property Developer Licence from 1 October 2026 when undertaking an activity that requires a licence.
The requirement does not automatically apply to every existing or ongoing project. Where building approval was issued before 1 October 2026, a licence will generally not be required merely to continue the approved building work or obtain the certificate of occupancy. However, a licence may still be required for another activity undertaken from 1 October 2026, such as an off-the-plan sale, a new building approval or a significant amendment to an existing development approval.
Where building approval is issued from 1 October 2026, an appropriate licence must generally remain attached to the project throughout construction until the certificate of occupancy is issued.
Where can I apply?
You can apply through the Access Canberra website
here.
What are the fees?
The fees for 2026–27 include:
- online licence application fee – $1,036;
- licence term fee – $1,036 per year; and
- activity-based fee – $518 per dwelling.*
*The activity-based fee is generally charged when building approval is issued.
Applicants should note that the Property Developer Licensing Scheme (the Scheme) is regulated by the Construction Occupations Registrar (the Registrar). The Registrar’s powers include issuing stop-work and rectification orders in relation to serious or possible serious defects. These powers may apply to licensed developers and certain unlicensed persons, including principal builders.
From 1 October 2026, licensees and prescribed persons arranging residential building work must comply with the
Code of Practice.
Members are encouraged to familiarise themselves with the Scheme, identify the entities undertaking each regulated activity and apply early to avoid delays to development applications, building approvals, construction or sales.
If you have any questions or need further guidance, please don’t hesitate to contact our Workplace Relations team:
