Licensing Requirements
Please note that information provided here is intended to be used as a guide only and may not be comprehensive or current. Users must contact regulators in their jurisdiction for up-to-date licensing information.
A number of occupations covered by the competencies and qualifications for Property Development, Sales and Management (PDSM) are subject to state and territory occupational licensing requirements. In fact, the majority of RTOs delivering training in this sector do so for licensing purposes.
Licensing authorities across Australia have actively participated in the development of this sector and it is envisaged that over time, the state and territory licensing requirements in a number of occupations will be aligned with the competencies and qualifications of CPP07. However, at the time of endorsement, none of the licensing authorities had formally aligned their licensing requirements with the competencies and qualifications for the PDSM sector.
Requirements vary significantly across jurisdictions. For this reason, users are advised to consult the relevant occupational licensing authority in their state or territory to determine the specific licensing requirements for various PDSM occupations.
These pages provide guidance on licensing requirements for each state and territory based on information sourced from the relevant website for each regulator:
Remember you must contact or visit the websites of individual regulators to confirm licensing requirements in your state or territory.
Licensing Line News is Australia's leading source of information on occupational licensing. The website provides the latest news and information on occupational licensing and regulatory matters which impact on training and assessment.
For the latest licensing news click here: www.licensinglinenews.com
Australian Capital Territory
Real estate, stock and station, and business agents operating in the Australian Capital Territory (ACT) are governed by the Agents Act 2003.
Under the Agents Act 2003, a real estate agent requires a licence to operate their own agency or to manage an office or branch of a corporation. Licenses are issued by the Commissioner for Fair Trading and are processed against three criteria. Licensees need to:
§ prove they meet competency qualifications. These can be prescribed educational standards or experience based
§ be of suitable character and without public objection
§ undertake on-going professional development .
All property managers and sales employees of licensed agents must be registered. Registration applications are processed against the same criteria as licenses.
For a company applying for a corporate licence, at least one director must hold a personal licence and each director must not be disqualified from being eligible for a licence. A company licence must nominate a licence holder who will supervise business operations.
Under the principles of mutual recognition, licensed or registered agents from other states can seek recognition of their qualifications in the ACT.
ACT Regulator
Office of Regulatory Services
ACT Department of Justice and Community Safety
GPO Box 158
Canberra City ACT 2601
Telephone: 02 6207 0400
Website:
www.ors.act.gov.au/
New South Wales
The Property, Stock and Business Agents Act 2002 requires anyone who wishes to carry on a business as one of the following, to have a licence:
§ real estate agent
§ stock and station agent
§ business agent
§ strata/community managing agent or
§ on-site residential property manager.
Similarly, those commencing work in the industry are required to apply for a certificate of registration. Different certificate of registration categories apply to the different industry sectors. A certificate of registration may be granted to work as a:
§ real estate salesperson
§ stock and station salesperson
§ business salesperson or
§ registered manager.
The Act also places stringent supervision and conduct responsibilities on agents. These requirements reflect the view that qualified supervision is paramount in the handling of large sums, such as those that are placed in trust during property transactions. The requirement also acknowledges the particular need in this industry for guidance in procedural matters and ethical conduct.
Activities that require a licence under the Act
The requirement to hold a licence generally includes anyone providing services relating to the selling of real estate or the booking of holiday accommodation. You would require an appropriate licence under the Property, Stock and Business Agents Act 2002 if you were to operate a business in the following manner:
§ Carrying on a business, for reward and:
- taking calls of interest from prospective purchasers and passing them on to the vendor
- taking prospective purchasers through the property that is for sale, or accompanying the vendor when this is done
- including your business telephone or other contact details on advertising signage used by vendor
- providing the contract for the sale of the property to prospective purchasers or discussing the merits of the property with them
- introducing prospective purchasers to the vendor of the property
- taking calls from prospective users of the holiday accommodation and passing them on to the owner of property
- directly arranging for the booking of accommodation by a third party in relation to holiday and short-term accommodation for which you act as an agent. For example, the taking of fees and rent.
§ stock and station agent
§ business agent
§ strata/community managing agent or
§ on-site residential property manager.
Activities that do not require a licence
Only a limited range of services relating to the selling of real estate may be provided without holding a licence, such as:
§ placing vendors advertising on your web site provided that any prospective purchasers can only contact the vendor to express their interest and not you
§ assisting vendors with the preparation of signage for their property or the production of advertising flyers.
NSW Regulator
NSW Office of Fair Trading
PO Box 972
Parramatta NSW 2124
Telephone: 02 9895 0111
Website:
www.fairtrading.nsw.gov.au/
Northern Territory
A person, company or firm intending to carry on a business as a real estate, business or conveyancing agent must hold a licence in the Northern Territory under the Agents Licensing Act.
A person who sells goods or property by auction must be licenced under the Auctioneers Act.
The Property Agents Licensing Unit is responsible for the licensing and regulation of the real estate, business broking, conveyancing and auctioneers industries in the Northern Territory. The Unit provides support services to the Agents Licensing Board of the Northern Territory.
Under the principles of mutual recognition, licensed or registered agents from other states can seek recognition of the qualifications in the Northern Territory.
NT Regulator
Agents Licensing Board of the Northern Territory
Department of Justice
GPO Box 1722
Darwin NT 0801
Telephone: 08 8999 1800
Website:
www.nt.gov.au/justice/licenreg/
Queensland
All real estate agents in Queensland must be licensed under the Property Agents and Motor Dealers Act 2000. Agents who are independently contracted to a real estate agency, rather than directly employed, will most likely need to be fully licensed and sub-contractors to an independent contractor working for a real estate agency, may require a full real estate agent's licence (it is advisable to seek independent legal advice).
All property developers who complete more than six residential property sales in any 12 month period must hold an individual licence and at least one director and all active directors of property developer corporations must hold a corporate licence.
All real estate salespeople must hold a registration certificate to work as an employee of a licensed real estate agent in Queensland. Employees who hold full real estate licences do not require registration certificates or employment authorities but must be listed on the licensee's employment register.
Salespeople who are registered are given employment authorities which authorise them to perform specified functions for the licensee and are listed on the licensee's employment register
An equivalent interstate certificate/licence can not be used legally in Queensland unless an equivalent certificate/licence in Queensland is applied for by an individual.
Queensland Regulator
Office of Fair Trading
Department of Employment, Economic Development and Innovation
GPO Box 3111
Brisbane QLD 4001
Telephone: 13 13 04
Website:
www.fairtrading.qld.gov.au/property-agents-managers.htm
South Australia
In South Australia, any person (including a company) who carries on business, or who holds himself or herself out as a land agent must be registered under the Land Agents Act 1994. If a business operates as a partnership then each partner must hold a registration. A land agent must be registered if they are:
§ selling, purchasing, or otherwise dealing with land or business on behalf of others; or
§ conducting negotiations for the sale or purchase of land or businesses on behalf of others; or
§ selling land or businesses on your own behalf; or
§ conducting negotiations for the sale of land or businesses on your own behalf.
A land agent is not required to hold a registration as a land agent if they are:
§ conducting negotiations or dealings with land or businesses in the course of practice as a legal practitioner; or
§ solely engaged in mortgage financing.
If you conduct an auction of land or business in the course of your business as a land agent or for another land agent, you must be registered as an auctioneer.
If you act as a sales representative for a registered land agent you must be registered. Sales representatives may be involved in the sale of land or businesses, and this includes the lease or letting of land. If you are only involved in the leasing of land that is not to be used for the purposes of a business, you do not need to be registered as a sales representative.
You are considered a sales representative if you carry on business for or on behalf of an agent, which induces or attempts to induce, or negotiates with a view to induce a person:
§ to acquire or dispose of land or business; or
§ to make an offer to acquire or dispose of land or a business; o
§ to enter into a contract for the acquisition or disposal of land or a business.
If you are registered as a land agent, you may act as a sales representative for another agent without needing separate registration as a sales representative.
You cannot operate in South Australia using your interstate licence without first applying for Mutual Recognition. Mutual Recognition only applies to individuals (not companies) who hold current registration in an equivalent occupation.
SA Regulator
Office of Consumer and Business Affairs
GPO Box 1719
Adelaide SA 5001
Telephone: 08 8204 9171
Website:
www.ocba.sa.gov.au/
Tasmania
The Property Agents and Land Transaction Act 2005 regulates the auctioneers and real estate industry in Tasmania.
Tasmanian Regulator
Property Agents Board
2 Davey Street
Hobart TAS 7001
Telephone: 03 6234 2700
Website:
www.propertyagentsboard.com.au/
Victoria
The Estate Agents Act 1980 regulates who can work in real estate in Victoria. If you buy, sell, lease or manage real estate or a business on behalf of a vendor, landlord, purchaser or tenant you must hold an estate agent's licence or be employed by a licensed estate agent as an agent's representative.
A licence authorises an estate agent to operate anywhere in Victoria and may be issued to an individual or to a corporation. A person who holds an individual estate agent's licence can also own and/or manage a real estate agency as a sole trader, in partnership, or through a corporation.
To operate a real estate agency as a corporation, the corporation must hold an estate agent's licence in its own right.
Estate agents perform a range of activities including:
§ acting on behalf of owners, buyers and tenants to arrange the sale or lease of property including houses, buildings, factories, shops, farms, land and businesses
§ providing market appraisals of properties and businesses for clients
§ negotiating the sale or lease of properties and businesses
§ preparing agreements between buyers and sellers or landlords and tenants
§ collecting rents and managing rented properties.
Victorian Regulator
Business Licensing Authority
GPO Box 322B
Melbourne VIC 3001
Telephone: 1300 135 452
Website:
www.bla.vic.gov.au/
Western Australia
In Western Australia, individuals, partnerships or companies wanting to operate as real estate or business agents must be licensed, and hold a current triennial certificate.
Under the Real Estate and Business Agents Act 1978 all real estate and business agents must be licensed, and sales representatives registered in Western Australia. The licensing system is administered by the Real Estate and Business Agents Supervisory Board (REBA) which ensures that only qualified people are allowed to operate in the real estate industry.
Unlike real estate agents (who are licensed) and sales representatives (who are registered), people do not need to be licensed with REBA to operate as property developers.
WA Regulator
Real Estate and Business Agents Supervisory Board
Locked Bag 14
Cloisters Square
PerthWA 6000
Telephone: 089282 0839
Website: www.reba.wa.gov.au/
