Reasons why an application may be refused
Licence, certificate or registration applications may be refused for severaI reasons. It is an offence to provide a false statement or leave out information.
Reasons for refusal under the Home Building Act 1989
Reasons your application for a residential building, trade or specialist licence or certificate may be refused include (but are not limited to):
- using false or misleading information in your application
- failing to provide details or information requested by Building Commission NSW
- not meeting qualification or experience requirements
- disqualified from holding a licence or certificate, in NSW or another state or territory
- considered not to be a fit or proper person to hold a licence or certificate (for example, based on any criminal convictions)
- unsatisfied judgement for money owed to the Building Commission NSW
- subject to an unsatisfied tribunal order
- unpaid money from a judgment debt related to a building claim
- current apprentice or trainee
- under 18 years old
- mentally incapacitated
- currently bankrupt or have been bankrupt within the last 3 years
- involved in the management of a company subject to a winding-up order or administration (excluding members’ voluntary winding up)
- past involvement as a director or manager of a company subject to a winding-up order or administration within the last 10 years (excluding members’ voluntary winding up)
- involved in the management of a company within 12 months of it becoming subject to a winding-up order or administration within the last 10 years (excluding members’ voluntary winding up)
- having an unreasonable number of complaints, penalty notices, formal cautions, or paid insurance claims
- having a close associate that has significant influence over you, or the operation or management of your business and that person is not fit or proper to hold a licence a certificate
- not complying with insurance requirements
- if the application is made to renew a provisional licence or certificate.
Reasons for refusal under the Design and Building Practitioners Act 2020
Reasons your application under the Design and Building Practitioners Act 2020 must be refused include (but are not limited to):
- under 18 years old
- mentally incapacitated
- a person who is an undischarged bankrupt
- not meeting the requirements for qualifications, experience, knowledge and skills
- contravening a requirement of this Act or another Act
- a relevant authorisation cancelled or suspended, unless requested by you
- a person who is disqualified from holding a relevant authorisation
- a person who is not fit and proper to carry out the work
- having a close associate that exercises a significant influence over you or the operation or management of your business and that person is not fit or proper to hold a registration
- convicted of a relevant offence within the last 10 years, including unauthorised work, non-compliance with conditions, or offences involving fraud and dishonesty
- not providing details or information requested by Building Commission NSW
- a body corporate which is subject to a winding up order or having an administrator appointed
- a person considered not suitable to carry out the work for which you are seeking registration
- if applying under the Professional Engineering Body pathway - failure to meet the qualification, knowledge or skills requirements.
Reasons for refusal under the Mutual Recognition Act 1992
Reasons your application under the Mutual Recognition Act 1992 may be refused include (but are not limited to):
- Any statements or information provided are materially false or misleading.
- Required documents or information are not provided or are materially false or misleading.
- The occupation in your home state is deemed not equivalent to the registration being sought in NSW, and equivalence cannot be achieved with conditions.
Reviews of decisions
If your application is refused you'll be advised in writing of the reasons and your options for internal review.
For more details about the internal review process see reviews of Building Commission NSW decisions.