On an NSW structural landscaping job, a main builder that does not hold the required specialist category must subcontract that work to a contractor licence holder in the relevant category and arrange appropriate supervision by an endorsed contractor licence holder or qualified supervisor certificate holder in that category. The NSW Government’s General building work page, updated 03 September 2026, says the contractor-licence requirement also applies to work subcontracted as part of an overall contract valued at more than $5,000 in labour and materials, including GST; its example is $3,000 of dry plastering within a $30,000 kitchen renovation. Figures checked 1 October 2026.
What can the main contract include?
The NSW Government’s Structural landscaping work page, updated 23 June 2026, says a structural landscaping contract may include specialist work needed for the overall job. The general building work guidance says the same for a general building contract.
Structural landscaping is in the “other building” category, while general building work includes all trade and other building categories. Including specialist work in the main contract therefore does not remove the separate question of who holds the licence or certificate needed to carry out that category of work.
What work is structural landscaping?
The NSW Government describes structural landscaping as constructing external landscape features and non-habitable structures—structures in which people cannot live. Examples include:
- Retaining walls that do not form part of a habitable building
- Fencing, driveways, paths and other paving
- Cabanas, pergolas, decks and non-habitable shelters
- Ornamental ponds, water features and other structural ornamentation where development approval is required
- Work on concrete tennis courts and similar structures
The same page says a licence or certificate is required to do structural landscaping work. For the precise scope of the definition, it directs readers to Schedule 4 of the Home Building Regulation 2014.
When must the main builder subcontract specialist work?
The decision turns on the category of specialist work and the main builder’s own authority to perform it.
| Main builder’s position | Approach under the NSW guidance |
|---|---|
| Holds the required specialist category | The work does not have to be subcontracted to another licence holder on this basis because the builder holds the category themselves. |
| Does not hold the required specialist category | The work must be subcontracted to a holder of a contractor licence in the relevant specialist category. |
A main builder should therefore identify the category required for each specialist component rather than relying only on the description of the overall job. The main contract may properly include the work, but that does not remove the category requirement for the person carrying it out.
Who must carry out and supervise the specialist work?
The NSW guidance assigns different credentials to the two roles:
| Role | Credential named by the NSW Government |
|---|---|
| Carrying out the specialist work | A contractor licence in the relevant specialist category |
| Appropriately supervising the work | An endorsed contractor licence or qualified supervisor certificate in that category |
A qualified supervisor certificate is identified for the supervision role. It does not replace the contractor licence described for carrying out the specialist work.
Does the value threshold apply to the specialist component or the whole contract?
The contractor-licence requirement also applies when building or trade work is subcontracted as part of an overall contract above the stated threshold. The NSW Government’s example shows why the specialist component’s own price should not be considered in isolation.
| Scenario | Position stated by the NSW Government |
|---|---|
| Specialist work forms part of an overall contract valued at more than $5,000 in labour and materials, including GST | The contractor-licence requirement applies to the subcontracted work. |
| $3,000 of dry plastering forms part of a $30,000 kitchen renovation contract | The dry plastering subcontractor needs a dry plastering contractor licence. |
The cited wording is “more than $5,000”. The supplied NSW guidance does not decide what happens where the value is exactly $5,000.
What can happen if specialist work is unlicensed?
The NSW Government page cited above, updated 03 September 2026, states that unlicensed work under the Home Building Act 1989 can lead to these fines:
| Person or entity | Fine stated |
|---|---|
| Individual | $22,000 |
| Company | $110,000 |
The guidance says an offender “can be fined”; it does not mean every unlicensed-work matter produces the same outcome.
What should be checked before work starts?
A practical project check is to:
- Identify each specialist component and its relevant licensing category.
- Record whether the main builder holds that category personally.
- Check the subcontractor’s authority to contract for and perform the specialist category.
- Identify the person responsible for supervision and their relevant endorsement or qualified supervisor certificate.
- Record how the overall contract value is calculated, including labour, materials and GST.
- Check the current NSW Government regulator guidance for the exact work and contracting arrangement.
Licensing and insurance are separate checks. A contractor licence does not establish that a policy covers the work, and insurance does not satisfy a licensing requirement. This is general information, not financial or legal advice. Check the current regulator page for licensing requirements and your policy’s PDS for the applicable insurance terms.
Sources
FAQ
Does the main builder have to subcontract every part of the landscaping job?
No. The NSW rule focuses on work in a required specialist category that the main builder does not hold. It does not say every part of the overall contract must be subcontracted.
Who should carry out the specialist component?
The work should be carried out by a contractor licence holder in the relevant specialist category. If the main builder does not hold that category itself, the main builder must subcontract the work.
Can a qualified supervisor certificate replace the specialist contractor licence?
No. The NSW guidance identifies a qualified supervisor certificate for the supervision role. The person carrying out the specialist work must still meet the relevant contractor-licence requirement.
Does a low-priced specialist line item avoid the licensing requirement?
Not necessarily. The NSW dry-plastering example shows that specialist work forming part of a larger overall contract can require a licence even when the specialist component alone is worth less than the overall threshold.
What should a main builder confirm with the regulator?
Confirm the relevant category for each specialist component, whether the builder holds it, who will carry out and supervise the work, and how the contractor-licence requirement applies to the proposed contract and subcontracting structure.
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