Yes—according to the ACT Government’s Construction licences guidance, the Constructions Occupations Registrar may make a rectification order, and action can extend to a licensee, former licensee, partner or director for up to 10 years after the construction service is complete, even if deregistered (figures checked 1 October 2026). This does not make every defect automatically actionable: the Registrar must have reasonable grounds to believe the service was not provided in accordance with specified ACT legislation, and a licensee or former licensee must take the action stated in an order.
Can the Registrar act after deregistration?
Yes. Deregistration does not itself end the Registrar’s rectification powers. The regulator describes the following reach:
| Person or entity | Position under the ACT guidance |
|---|---|
| Licensee | The Registrar may make a rectification order requiring the action stated. |
| Former licensee | The same power applies despite deregistration. |
| Partner | The Registrar can take rectification action despite deregistration. |
| Director of a corporation | The Registrar may make an order or take action despite deregistration. |
The duty to carry out the action stated in a rectification order is expressly attributed to the licensee or former licensee. For partners and directors, the guidance describes the Registrar’s power to take action.
What must justify a rectification order?
The stated threshold is reasonable grounds to believe that a construction service was not provided in accordance with one or more of these laws:
- Construction Occupations (Licensing) Act 2004
- Building Act 2004
- Electricity Safety Act 1971
- Water and Sewerage Act 2000
The existence of a defect is not, by itself, presented as an automatic trigger. The Registrar must be satisfied of the relevant statutory non-compliance before making an order.
Does the 10-year window make every defect actionable?
No. The period of up to 10 years describes when the Registrar may act after completion of the construction service. It does not guarantee that an order will be issued or that every defect falls within the Registrar’s powers.
The stated measuring point is completion of the service—not the date of deregistration. A former licensee therefore cannot treat cancellation or expiry of a licence as the end of rectification exposure.
An order requiring rectification is also separate from an insurance-claim decision. Whether rectification costs are insured depends on the policy’s terms, exclusions and conditions, not merely on the age of the work.
What should a tradie check and do?
Builders, including owner-builders, need a licence to provide a construction service in the ACT, and the licence must be valid whenever its holder is working in construction. A former licence does not prevent the Registrar from requiring action under a rectification order.
If you receive notice or are contacted:
- Read the order and identify the action it requires.
- Check your current or former licence status through the register available on the Access Canberra website.
- Review the ACT Government regulator page for the current requirements.
- Check your policy’s Product Disclosure Statement, or PDS, separately for any insurance response.
- Contact the Construction and Work Place Licensing team if you need clarification:
| Contact | Details |
|---|---|
| Phone | 02 6207 8096 |
| cwpl@act.gov.au |
This is general information, not financial or legal advice. Check the regulator page and your policy’s PDS before acting.
Sources
FAQ
Does cancellation of a builder’s licence stop the Registrar from acting?
No. The ACT guidance says rectification action can continue despite deregistration for up to 10 years after the construction service is complete.
Is the 10-year period measured from when the licence expired?
No. The stated start point is completion of the construction service, not expiry or cancellation of the licence.
Does the Registrar have to order rectification for every defect?
No. An order depends on the Registrar having reasonable grounds to believe the service was not provided in accordance with the relevant ACT legislation.
Must a former licensee comply with a rectification order?
Yes. A licensee or former licensee must take the action stated in the order.
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