Licensing agreements apply to all HMMS services under the Home Building Act 1989 and DADHC funding agreements. Unlicensed HMMS services will attract fines from the Office of Fair Trading for breaching funding agreements.    

Home Modification and Maintenance Services often rely on the work of contractors and subcontractors in order to carry out the provision of services to clients. As a result of agreements between the HMMS State Council, Office of Fair Trading and DADHC, all Home Modification and Maintenance Services must be appropriately licensed. Unlicensed services do not meet the legal requirements of the industry, including the Home Building Act 1989 and Schedule 3, Section 13.8.1 of the DADHC funding agreements. In order to enable the supply of a full range of building services to Home and Community Care clients and to avoid risking fines of $22,000 (individuals) and $110,000 (corporations) from the Office of Fair Trading, both individuals and corporations must be appropriately licensed.

All home modifications work with a combined market value of $1000 or more, and any specialist work, regardless of its value, ie: air conditioning, plumbing or electrical work, must be appropriately licensed. NSW HMMS covered by the NSW State Council and funded by DADHC under the Home and Community Care Scheme, are exempt from the need to provide home warranty insurance for any work over $12,000. This exemption does not apply to private home modification schemes. The legislative requirements regarding licensing agreements apply to all HMMS organisations, whether auspiced under another organisation, a stand alone service, or a private business.

Services in regional areas who may have difficulty obtaining individual qualified supervisors may be approved by the department of Fair Trading to share a qualified supervisor, so long as that supervisor is either an employee or director of licence holders, and is able to physically supervise the work being undertaken.

HMMS Services are advised to regularly check their contractor and sub-contractor’s licences. In future, building licences will need to be presented as part of the Integrated Monitoring Framework and Annual Return. New HMMS guidelines will contain licensing requirements and information on the Office of Fair Trading.

Licences for builders and tradespeople in the Residential Building Industry are of 3 types; Contractors, Qualified Supervisors or Nominated Supervisors. Renewing a licence must be done within 3 months of its expiry. If this is not done, a new licence/ new licence number will need to be applied for. Your application to renew a licence may be refused on certain grounds. It is now necessary to show proof of identity when applying for a licence, so you will have to go into a Government Access or Fair Trading Centre in order to apply. To find out details on obtaining or renewing contractor licences or certificates, or to find any other information relating to licences and certificates, click into the Office of Fair Trading's Builders Licenses and Certificates information.

Residential building work may be carried out by qualified professionals in any of a number of fields. To find out which qualifications are necessary for each residential building category, and definitions of the building categories for the purposes of licencing, as relates to the Home Building Act 1989 and Home Building Regulation 2004, click into the Office of Fair Trading, Building Qualifications.

Licencees have certain responsibilities regarding contracts, the value of deposit requests and the provision of home warranty insurance. They must also engage in continuing professional development and notify the office of Fair Trading of any changes in personal circumstances. Failure to do so may result in disciplinary action and the imposition of penalties. Cancellation or suspension of a licence is possible on certain grounds. To find out what these circumstances are, click on the Office of Fair Trading for information on what Licensees should know. 

Any necessary Forms and Fees for Licensing can be obtained from the Office of Fair Trading.

All other queries regarding licensing requirements should be directed to;

Daniel Richardson

Acting Manager

Building and Licensing Branch

Email: Daniel.richardson@oft.commerce.nsw.gov.au

Level 4

1 Fitzwilliam Street

Parramatta, NSW, 2124

Ph: (02) 9895 9990

Fax: (02) 9895 9934