If your construction business goes into liquidation, your NSW contractor licence is automatically suspended and will be cancelled. Fair Trading doesn’t require court action — insolvency triggers immediate licensing consequences.
Your Licence Rights After Liquidation — Know Exactly Where You Stand
Your licence is suspended immediately. You can’t work. Here’s what Fair Trading does, what it costs, and whether you can get back on the register.
Get Your Questions Answered
When a NSW contractor licence holder’s business enters liquidation, Fair Trading treats the licence holder as personally insolvent — even if the company continues operating. This triggers automatic suspension. Your licence won’t just be “on hold” — it will be formally cancelled after the insolvency processes. This is a hard rule under the Home Building Act 1989, not a discretionary decision.
If you’re a builder facing business failure, you need to know exactly what happens to your licence, when Fair Trading acts, what reinstatement costs, and whether you can ever work again. This guide answers all of that.
What Triggers Licence Suspension in Liquidation?
Your contractor licence is tied to your personal financial solvency, not just your business structure. The Home Building Act treats a company’s insolvency as the director/licence holder’s personal insolvency. If any of these apply, Fair Trading will suspend your licence:
What Fair Trading acts on:
- Voluntary company administration (your company appoints an administrator)
- Court-ordered liquidation (creditors or ASIC request it)
- Creditor-initiated winding-up (unpaid debts exceed $20,000)
- Personal bankruptcy filed in your name
- Receivership of company assets
- Company deregistration by ASIC
Fair Trading doesn’t wait for a formal court judgment. Once ASIC registers the insolvency event (which happens within 14 days of lodgement), Fair Trading’s licensing database is automatically notified. Your licence status changes from “active” to “suspended” within 1–2 weeks of insolvency notification.
How Fair Trading Processes the Cancellation
Fair Trading follows a specific process. Understanding the timeline matters because you have limited windows to respond and object. Here’s exactly what happens:
The suspension is automatic — you don’t need to do anything for it to happen. Fair Trading acts on the information ASIC provides. You are not required to notify Fair Trading yourself, though notifying them early shows good faith.
Can You Get Your Licence Back After Liquidation?
Yes, but only after you meet specific conditions. Reinstatement is not guaranteed and depends on Fair Trading’s assessment of your fitness to hold a licence.
Eligibility to reapply (ALL must be true):
- The insolvency is finalised (liquidation complete, creditors paid, company deregistered)
- You have settled all outstanding building debts from the insolvent company
- You are not currently insolvent (personal bankruptcy must be discharged, if applicable)
- At least 12 months have passed since the cancellation (Fair Trading’s normal waiting period)
- You can demonstrate financial stability (bank statements, tax returns, current insurance)
The reinstatement process is the same as a new licence application. You’ll need:
Reinstatement documents:
- Completed application form (available on Fair Trading’s website)
- Proof of identity + residential address
- Certificate of currency for statutory liability insurance ($5M minimum)
- Financial statements (last 2 years personal tax returns or accountant’s letter)
- Letter from your accountant or lawyer confirming the insolvency is resolved
- Details of any current/planned business structure (sole trader, partnership, new company)
- Application fee: $500–$750 (depending on licence type)
Fair Trading will conduct a fit-and-proper-person assessment. Past insolvency is not an automatic bar — many builders successfully reinstate. However, if Fair Trading believes you were reckless with client money or caused financial harm through negligence, reinstatement can be refused.
Ready to Move Forward? Get Your Licence Sorted
Whether you’re stabilising your current situation or planning reinstatement, you need clarity. Register online to understand your CPD and licence status.
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What Happens to Your CPD During Suspension?
If your licence is suspended but not yet cancelled, you still must complete your CPD points before the renewal date. CPD requirements don’t pause during suspension — they continue.
However, if your licence is cancelled (not just suspended), CPD requirements cease. You have no obligation to complete points after cancellation. If you later reinstate, your CPD history resets — you must start fresh with a new 12-month cycle.
Financial Impact — What Will It Cost?
Post-liquidation costs to rebuild:
- Statutory liability insurance (new policy): $800–$1,500/year
- Reinstatement application fee: $500–$750
- CPD courses (12 points to restart): $169–$200
- License renewal fee (once reinstated): $350–$450/year
- Accountant’s letter confirming financial stability: $200–$400
- Total first-year cost to reinstate and operate: $2,000–$3,500
These are baseline costs. If you’re rebuilding a new company or sole trading entity, add business setup, tax registration, and potentially legal advice ($500–$2,000 extra).
How to Protect Your Licence Before Insolvency
If your business is facing financial difficulty, early action can sometimes prevent licence suspension:
If insolvency is approaching:
- Restructure the company before insolvency is formally declared (consult an accountant or turnaround specialist)
- Transfer the licence to a new company entity while solvency is current (Fair Trading may approve if done transparently)
- Notify Fair Trading of financial stress before ASIC does — shows good faith and gives you control of the narrative
- Consult a building law specialist — licensing implications of restructure are complex and jurisdiction-specific
Once ASIC is formally notified (insolvency filed), these options close. You cannot restructure during administration — the administrator controls that.
Why builders choose Builders CPD Online:
- 12 CPD points for $169 — your full annual requirement covered
- 100% online — no travel, no classroom, no fixed schedule
- 40 courses across all 8 Fair Trading learning areas
- Instant CPD certificate on completion — ready for licence renewal
- Mobile and tablet friendly — complete from anywhere in NSW
- Delivering CPD to NSW builders since 2004 — over 20 years
- RTO 91528 — registered training organisation
FAQ
Is licence suspension automatic when a company is placed in administration?
Yes. Fair Trading treats company insolvency as automatic grounds for suspension under the Home Building Act 1989. There is no discretion — the suspension will happen. ASIC notifies Fair Trading within 14 days of the insolvency event, and the suspension follows 1–2 weeks after that. You cannot prevent suspension once insolvency is declared.
Can I keep working while my licence is suspended?
No. Suspended status means you cannot legally perform any work as a licensed contractor. If you continue to work, you’re operating unlicensed, which is a breach of the Home Building Act. Fair Trading can pursue prosecution, and clients can claim against your insurance void. You must stop all contracting work immediately upon suspension.
How long after the company is liquidated will Fair Trading cancel the licence?
Usually 90–180 days after the liquidation is finalised. Liquidators take time to sell assets, resolve disputes, and distribute funds. Once the Australian Securities and Investments Commission (ASIC) deregisters the company, Fair Trading finalises the cancellation. You’ll receive a formal cancellation notice from Fair Trading (usually by email or post).
Do I need to complete my CPD before my licence is cancelled?
If your licence is suspended but not yet cancelled, yes — you must complete CPD by the renewal date. Once cancelled, CPD is no longer required. However, if you reinstate later, you must start a new 12-month CPD cycle from scratch.
Can I apply for reinstatement immediately after cancellation?
No. Fair Trading requires at least 12 months to pass after cancellation before you can reapply. This waiting period allows time to demonstrate financial recovery and stability. You can apply on the 12-month anniversary of the cancellation date.
What if my company was liquidated but I personally wasn’t declared bankrupt?
Your personal bankruptcy status doesn’t matter. The Home Building Act ties the licence to company solvency, not personal bankruptcy. Company insolvency alone triggers suspension and cancellation. However, if you’re planning reinstatement, Fair Trading will assess your current personal financial stability — recent debt problems or CCJs will complicate reinstatement approval.
Will Fair Trading tell me when my licence is going to be cancelled?
Fair Trading will send you a formal suspension notice and later a cancellation notice. However, these may take time to arrive. The best way to stay informed is to log into the Fair Trading contractors register and check your licence status regularly — it’s updated as decisions are made. You can also call Fair Trading to ask the status of your case.
Can I work as an owner-builder if my contractor licence is cancelled?
No. A cancelled contractor licence is separate from owner-builder permits. You cannot hold both simultaneously. To work as an owner-builder on your own home, you’d need to wait for reinstatement or apply under completely different rules (which vary by state). Consult a building lawyer about your specific situation.
Understand Your Licensing Status — Stay Compliant
If you’re facing business challenges or rebuilding after insolvency, get clear on your CPD and licence position. We can help you map out the path forward.
Call 1300 730 752 or register online to discuss your situation with an expert.