Can ACT Regulators Require Plumber Rectification Work Up to 10 Years Later?

Under the ACT Government’s construction licence guidance, a rectification order requires a licensee or former licensee to take the action stated in it. The same guidance says the Constructions Occupations Registrar can take action against a licensee, partner and directors of a corporation, despite deregistration, to rectify construction work for up to 10 years after the construction service is complete (figures checked 1 October 2026).

Who can be subject to an ACT rectification order?

Providing a construction service in the ACT requires a licence. The guidance lists plumbers, drainers and/or gasfitters among the occupations licensed under the Construction Occupations (Licensing) Act 2004, but the rectification provisions are not confined to people who still hold their licences.

A licence must be valid whenever its holder is working in construction. That ongoing requirement does not remove the guidance’s separate powers involving former licensees or people involved as partners or corporation directors.

When can the Registrar make a rectification order?

The Registrar may act where they believe on reasonable grounds that the licensee or former licensee provided a construction service that was not in accordance with any of the following Acts named in the guidance:

• Construction Occupations (Licensing) Act 2004
• Building Act 2004
• Electricity Safety Act 1971
• Water and Sewerage Act 2000

This list reproduces the legislation named in the regulator guidance; it is not a finding that every Act applies to every plumbing matter.

The guidance says the Registrar may make an order. An order therefore does not follow automatically from every disagreement or every instance of non-compliance.

What does the rectification order require?

The mandatory instruction is the action stated in the order itself. The cited guidance describes that action as rectifying construction work, but it does not provide one standard repair checklist or a universal completion deadline for every order.

There is also an important distinction between the people named:

• A licensee or former licensee must take the action stated in the order.
• A partner or corporation director is identified as a person against whom the Registrar may take action, but the cited guidance does not explain how the required action is allocated among those roles.

A partner or director should therefore check the particular order rather than assume that every person associated with the service has the same personal work obligation.

Does deregistration stop further action?

No. Under the cited ACT guidance, the Registrar can take action despite deregistration. The stated period is measured from completion of the construction service, not from the date the licence ended.

However, up to 10 years is an outer limit, not a statement that the Registrar will investigate or issue an order in every case throughout that period.

What should a plumber do after receiving an order?

• Read the order carefully. Identify the exact action required and the capacity in which you received it: licensee, former licensee, partner or director.
• Check your licensing information. The guidance says a register of licensed construction practitioners is available through Access Canberra.
• Check the current regulator guidance. Do not rely only on this summary when deciding what the order requires.
• Contact the Construction and Work Place Licensing team for clarification:
  • Phone: 02 6207 8096
  • Email: cwpl@act.gov.au
• Seek legal advice if the order is unclear or disputed. This is particularly important where your former status or role in a partnership or corporation may affect the obligation.
• Review any insurance response separately. The regulatory duty and an insurance claim are different issues.

Does insurance automatically cover a rectification order?

The ACT regulator guidance does not determine whether an insurance policy responds. Check your policy’s PDS, including its scope, exclusions, conditions and limits, and ask your insurer how it applies to the order. Do not assume that every rectification cost will be covered.

This is general information, not financial or legal advice. Check the regulator page for current requirements and your policy’s PDS for any insurance response.

Sources

• Construction licences - City and Environment Directorate - Planning

FAQ

Does deregistration prevent the Registrar from acting?

No. The cited guidance says action may be taken against a licensee, partner or corporation director despite deregistration. It may continue for up to 10 years after the construction service is complete, although action is not automatic in every case.

Must a partner or corporation director personally carry out the work?

The guidance expressly says a licensee or former licensee must take the action stated in the order. It also identifies partners and corporation directors as possible subjects of Registrar action, but it does not set out a standard division of the required work between them.

What must the Registrar reasonably believe before making an order?

The Registrar must believe on reasonable grounds that the construction service was not in accordance with the legislation named in the guidance. This includes the Construction Occupations (Licensing) Act 2004, Building Act 2004, Electricity Safety Act 1971 or Water and Sewerage Act 2000.

Will insurance necessarily pay for rectification work?

The regulator guidance does not decide insurance coverage. Check your policy’s PDS and confirm the response with your insurer rather than assuming that a rectification order is automatically covered.