Key takeaways
- A licence holder must keep the regulator informed of changes to the business address, directors, nominated supervisor and insurance, because service of notices is valid if sent to the last address on record even if you never receive them.
- The Home Building Compensation Fund cover and contract requirements are tied to the business entity that holds the licence, so a change of structure or directors without notification can leave work uninsured.
- The nominated supervisor on the licence must be a person who actually meets the supervisory requirements, and a change must be notified; a licence can be suspended if the nominated supervisor leaves and no replacement is notified.
- Security of payment and contract obligations sit with the licensed entity, and administrative drift between the licence records and the entity that signs contracts can create disputes about who is liable.
- An annual licence check covering address, directors, nominated supervisor, insurance and business name is the practical way to catch problems before the regulator does.
Most builders think about compliance in terms of the work: the waterproofing detail, the structural fixing, the contract clause. The administrative side — telling the regulator when something about your business changes — sits in the background until it doesn’t. A licence can be suspended, a contract can be unenforceable, and insurance can be voided because a form was not lodged or an address was not updated. None of that shows up on site. It shows up in a letter to an old address, or in a dispute months after practical completion.
The regulator’s power to act depends on being able to reach you. If your licence record shows an address you no longer use, a notice sent there is still valid service. You may never see it. The consequences — a fine, a suspension, a condition on your licence — can follow without you knowing until you try to renew or a certifier checks your licence. This article sets out the changes you have to tell the regulator about, why the duty exists, and what to check every year.
It is not legal advice and it does not replace the current requirements, which change. Use it to know what to look for, then check the specific forms and timeframes with Building Commission NSW or the current legislation.
Service of notices: what the regulator does versus what you must do
| Regulator | Licence holder |
|---|---|
| Sends notices to the last address on the licence record | Must keep the address on the licence current |
| Treats service as effective when sent to that address | Must make arrangements to receive mail at that address |
| May not attempt to find a newer address | Must notify a change of address rather than rely on redirection |
| Can take action if a notice is not responded to | Must respond within the time set out in the notice |
Why the address on your licence matters more than you think
The address on your licence is not just a mailing preference. It is the address at which the regulator is entitled to serve documents. The law generally provides that service is effective if a document is sent to the last address you gave the regulator, even if you never receive it. That rule exists so that regulators can act without chasing a moving target. It means the duty to keep the address current sits entirely with you.
In practice, builders change addresses for all sorts of reasons: a home office moves, a business relocates, a virtual office arrangement ends, or a mail redirection expires. Each of those is a change you have to notify. If you do not, the regulator may send a notice of proposed suspension to an address you left two years ago. You will not respond because you will not know. The suspension can take effect. You find out when a principal contractor checks your licence and declines to engage you, or when a certifier asks for your licence number and it comes back as suspended.
The commercial cost is not just the fee to fix it. It is the lost work while the licence is suspended, the explanation you have to give to a client, and the risk that a contract you signed while suspended is called into question. The fix is simple: when your address changes, notify the regulator before you redirect your mail.
Directors, officeholders and changes of control
A company licence is held by the company, but the regulator assesses the fitness of the people who control it. If a director resigns, a new director is appointed, or shareholding changes so that a different person has effective control, that is a notifiable change. The regulator needs to know because the licence was granted on the basis of the people behind it. If the people change, the risk profile changes.
Builders sometimes treat a director change as an internal matter. It is not. If you remove a director and do not notify, the licence record still shows that person as a director. If that person later becomes bankrupt or is disqualified, the regulator may act on the basis of the record, and you may have to prove that they were no longer involved. That is a slow, document-heavy process. Notifying at the time avoids it.
The same applies to a change in business structure. If you move from a sole trader to a company, or from a company to a trust arrangement, the entity that holds the licence changes. The new entity may need its own licence, or the licence may need to be transferred. Contracts, insurance and Home Building Compensation Fund cover are all tied to the entity. If you sign a contract in the name of a company that does not hold the licence, you may be in breach of the licensing Act and the contract may be unenforceable. The administrative change is not a formality; it determines who is liable.
What to do when a notifiable change occurs
- 1Identify the changeConfirm whether the change affects the licence record, the licensed entity or the nominated supervisor.
- 2Gather the documentsCollect the new details, director consents, insurance certificates or other evidence the regulator requires.
- 3Notify promptlyLodge the change with the regulator using the current form and keep a copy of everything you send.
- 4Update your recordsAmend your contract templates, insurance policies and business records so they match the new position.
- 5Tell the people who need to knowInform your insurer, your certifier and any principal contractor you work for if the change affects them.
The nominated supervisor: the person the licence depends on
Every builder licence has a nominated supervisor. That person must meet the supervisory requirements and must be involved in the business. If the nominated supervisor leaves, retires, or stops meeting the requirements, the licence is at risk. You must notify the regulator and nominate a replacement who meets the requirements. If you do not, the regulator can suspend the licence or impose a condition.
The mistake builders make is assuming that a nominated supervisor can be a name on a form. The regulator expects the nominated supervisor to be a real person with real supervisory responsibility. If the nominated supervisor is not actually supervising the work, that is a separate problem. But even before that, if the nominated supervisor has left the business and the regulator has not been told, the licence record is wrong. A wrong record can lead to a suspension even if the work on site is fine.
Changes to the nominated supervisor are not the only ones. If the nominated supervisor changes their own name, or their licence is suspended, that can affect the builder licence. The safest approach is to treat any change to the nominated supervisor’s circumstances as notifiable and check the current requirements. For more on what supervision actually involves, see our article on NSW builder supervision duties.
Insurance and the Home Building Compensation Fund
Home building compensation cover is required for residential building work over a certain value. The cover is held by the licensed entity, and it is tied to the work and the contract. If you change your business structure, your insurer needs to know. If you change directors, the insurer may need to know. If you do not tell them, you may find that a claim is denied because the policy was issued to an entity that no longer matches the contract.
The same applies to other insurance: public liability, contract works, and professional indemnity if you carry it. Insurers assess risk based on the information you give them. A change of address, a change in the type of work you do, or a change in the people running the business can all affect the policy. If you do not notify, you may be covered for a risk you no longer have, and not covered for the one you do.
The commercial reality is that an insurance gap often surfaces at the worst time: after a defect appears and the client makes a claim. At that point you cannot fix the notification retrospectively. The insurer can decline indemnity, and you carry the cost. That is why the annual check matters. It is cheaper to review your policies than to fund a claim.
Security of payment and contract records
Security of payment legislation gives contractors a statutory right to progress payments. The regime depends on notices, timeframes and the correct identification of the parties. If your licence records do not match the entity named on the contract, you can create a dispute about who is entitled to payment. A payment claim served by the wrong entity may be invalid. A payment schedule served on the wrong entity may not be effective.
Administrative changes therefore have a direct cash flow consequence. If you change your business structure and do not update your contract templates, you may be signing contracts in the old entity’s name. When a dispute arises, the other side can argue that the contract is with a different entity, or that the entity that did the work is not the entity that holds the licence. That argument can delay payment for months. For more on how progress claims work, see our article on progress claims and security of payment in NSW.
The same principle applies to variations and other contract documents. If the business name or ACN on the contract is wrong, the document may still be enforceable, but it creates an unnecessary argument. The fix is to keep your contract templates current. When you notify the regulator of a change, update your templates at the same time.
What happens if you do not notify
The regulator can take action based on the records it holds. If a notice is returned undelivered, the regulator may proceed on the basis that service was effective. The action may be a fine, a condition on the licence, or a suspension. You may not know until you try to renew or until someone checks your licence.
The cost of a suspension is not just the lost income. It is the damage to your reputation and the difficulty of explaining to a client why the work stopped. In a tight market, a principal contractor will not wait. They will engage someone else. The administrative failure can cost you a contract worth many times the fee you saved by not lodging a form.
There is also a record-keeping aspect. If you cannot show that you notified the regulator of a change, you may be treated as having failed to comply. Keeping copies of everything you lodge, with the date, is basic risk management. It also helps if you need to prove that you acted promptly.
The mistake that costs the most. The most expensive administrative failure is not a missed form; it is a missed notice sent to an old address. You cannot respond to a suspension notice you never received, and by the time you find out, the licence may already be suspended and your current jobs in breach.
Worked example: a change of address that nearly cost a licence
A builder in western Sydney operated as a sole trader for several years, then incorporated. The company held the licence, and the builder was the nominated supervisor. The business moved from a home office to a small industrial unit. The builder redirected mail from the old address for a few months, then let the redirection lapse. He did not update the address on the licence because he assumed the accountant had done it.
Eight months later, the regulator sent a notice to the old address about a routine audit. The notice was returned. The regulator proceeded on the basis of effective service. A condition was placed on the licence. The builder only discovered this when a certifier checked the licence for a new project. The condition required him to provide documents within a set time, which had already passed. He had to apply to have the condition removed, providing evidence of the new address and explaining the delay. The process took weeks. In the meantime, he could not start the new project, and the client began to ask questions.
The direct cost was the time spent fixing the record and the delay to the project. The indirect cost was the client’s confidence. The builder now does an annual check. The lesson is that the regulator will write to the address on the licence. If you do not receive the letter, you still have to deal with the consequences.
Annual licence health check
- Confirm the address on the licence is one where you actually receive mail.
- Check that the directors and officeholders on the licence match the current company record.
- Confirm the nominated supervisor is still employed and still meets the supervisory requirements.
- Check that the business name and trading name on the licence match the names on your contracts and invoices.
- Verify that the Home Building Compensation Fund cover is current and held by the licensed entity.
- Review your insurance policies against the work you are actually doing.
- Update your contract templates if the entity, directors or address have changed.
What to check every year
Set a date once a year — the anniversary of your licence renewal is a good trigger — and work through the records. Confirm the address on the licence is one where you actually receive mail. If you use a virtual office or an accountant’s address, make sure the arrangement is current and that mail is forwarded promptly. Check that the directors and officeholders on the licence match the current company record. If a director has left, notify the change.
Confirm the nominated supervisor is still employed and still meets the requirements. If the nominated supervisor is you, and you are no longer able to supervise because you are working on another site, address that. If the nominated supervisor is someone else, confirm they are still with the business. Check that the business name and trading name on the licence match the names on your contracts and invoices. A mismatch is a red flag for a regulator and a source of disputes.
Review your insurance. Confirm that Home Building Compensation Fund cover is current and held by the licensed entity. Check that your public liability and other policies reflect the work you are actually doing. If you have started doing a class of work that is not covered, tell your insurer. Finally, update your contract templates. If the entity, directors or address have changed, the templates need to change too. For more on how CPD fits with these obligations, see our guide to NSW builder CPD.
How to notify a change without missing a step
The regulator publishes the current forms and timeframes. The general principle is that you notify promptly — often within a set period after the change. If you are unsure, notify as soon as you can and keep a copy. Do not wait until renewal. A change notified at renewal is still a change that was not notified when it occurred.
When you notify, use the current form. Provide the supporting documents the regulator asks for: director consents, proof of address, insurance certificates, or evidence that the new nominated supervisor meets the requirements. Keep a copy of everything you send, with the date. If you lodge online, save the confirmation. If you use a paper form, keep a copy and a record of how it was sent.
If the change affects your contracts, update them before you sign the next one. If it affects your insurance, tell your insurer before you start the next job. If it affects your nominated supervisor, make sure the new person understands what the role involves. Administrative compliance is not a one-off task. It is a habit. The builders who avoid problems are the ones who treat a change of address with the same seriousness as a change to a structural detail. Both can bring a job down.
PointCPD publishes courses that cover the compliance side of running a building business, including contract and licensing obligations. You can see the current catalogue at our course catalogue. If you are new to the CPD system, start with the NSW builder CPD courses on the home page.
Questions builders ask
What changes do I have to tell Building Commission NSW about?
You must notify changes to the address on your licence, changes to directors or officeholders, changes to the nominated supervisor, and changes to your business structure. You should also notify changes to your insurance if the policy no longer matches the licensed entity. The exact list is set out in the current legislation and on the regulator’s website.
How long do I have to notify a change of address?
The legislation sets a period within which you must notify. The safest approach is to notify before you stop receiving mail at the old address. If you are unsure of the current timeframe, check the Building Commission NSW website or the relevant Act. Do not rely on mail redirection as a substitute for notification.
What happens if the regulator sends a notice to my old address?
Service is generally effective if the notice is sent to the last address you gave the regulator, even if you do not receive it. The regulator may then take action, such as imposing a condition or suspending the licence, without you being aware. You can still respond, but you will need to explain the delay and provide evidence of your current details.
Can I change my nominated supervisor without notifying?
No. The nominated supervisor is a condition of the licence. If the nominated supervisor leaves or no longer meets the requirements, you must notify the regulator and nominate a replacement. If you do not, the licence can be suspended or made subject to a condition. The replacement must meet the supervisory requirements.
Does changing from a sole trader to a company affect my licence?
Yes. The licence is held by the entity. If you incorporate, the company may need its own licence or the existing licence may need to be transferred. Contracts, insurance and Home Building Compensation Fund cover are tied to the entity, so you must update them. Signing a contract in the name of an unlicensed entity can have serious consequences.
What should I check every year to keep my licence safe?
Check that the address on the licence is current and that you receive mail there. Check that directors and officeholders match the company record. Confirm the nominated supervisor is still employed and meets the requirements. Review your insurance, including Home Building Compensation Fund cover, and update your contract templates if anything has changed.
Sources
- Contracts for home building work · NSW Government · 2026-04-29
- Rising fuel costs: what trades need to know about contracts, insurance and compliance · Building Commission NSW · 2026-04-28
- About Security of Payment for construction contractors · NSW Government
- Flood risk management manual · NSW Government
Published 18 July 2026. General information for builders, not legal, financial or engineering advice for a specific job. Check current requirements with the relevant regulator or standard before relying on them.
