Real estate agent licence - Queensland

Service summary

You must have a valid licence to work as a real estate agent, either as an individual or a corporation.

Real estate agent authorised activities (individual)

A real estate agent licence allows you to:

  • own or manage a real estate agency
  • buy, sell, exchange or rent houses, businesses, land or any interest in these
  • negotiate on behalf of a buyer, seller, landlord or exchanging or renting of houses, businesses or land
  • show property to potential buyers
  • inspect and assess property for sale or rent
  • collect rent on behalf of a landlord
  •  advertise a property for rent or sale (includes setting up signs)
  • open up a property for inspection for sale or rent
  • manage an apartment complex and sell any units independently, without having to work through an established agency
  • operate a trust account on behalf of sellers and buyers.

Note: You may not auction property.

Your real estate company must have a corporate licence.

Real estate agent authorised activities (corporation)

A corporate real estate licence allows your company to:

  • buy, sell, lease or exchange property (or an interest in a property)
  • collect rent
  • manage a rental property
  • negotiate a property transaction
  • facilitate the transaction
  • show a property to potential buyers or renters
  • inspect property for sale or rent
  • advertise, place signs and open a property for inspection
  • operate trust accounts.

For the purposes of this licence, property can be:

  •  residential property
  •  business property
  •  rural property (and/or livestock)
  •  units in a building complex
  •  empty land.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Definition of terms

Del credere agent

A chattel auctioneer who:

  1. is authorised under the chattel auctioneer's licence to sell livestock; and
  2. guarantees the payment of the livestock's purchase price to the seller of the livestock, even if the buyer of the livestock defaults in paying purchase price.
Eligible person
  1. An individual is eligible to obtain a real estate agent's licence only if the individual:
    1. is at least 18 years; and
    2. has the educational or other qualifications generally approved by the chief executive for a real estate agent's licence (the qualifications are stated on the department's website).
  2. An individual is to be taken the satisfy the requirement mentioned in subsection (1)(b) if the chief executive is satisfied the individual:
    1. has a comparable qualification to the qualification mentioned in subsection (1)(b); or
    2. within 2 years before the day the individual's application for a real estate agent's licence is received by the chief executive -
      1. has been licensed as a real estate agent
      2. has been the holder of a comparable licence under PAMDA.
  3. A corporation is eligible to obtain a real estate agent's licence only if the corporation satisfies the chief executive that a director of the corporation is a real estate agent.
Employed licensee

A licensee who performs the activities of a licensee as the employee of someone else.

Exemptions
  1. a sale made under a rule, order, or judgment of the Supreme Court or District Court; or
  2. a sale made by a person obeying an order of, or a process issued by, a court, judge or justice, or the registrar of the State Penalties Enforcement Registry for the recovery of a fine, penalty, or award; or
  3. a sale of an animal lawfully siezed and sold under the Animal Care and Protection Act 2001 or another law about siezing or impounding an animal; or
  4. a sale conducted for a charity, a religious denomination or an organisation formed for a community purpose, within th emeaning of the Collections Act 1996 (relevant entity) if -
    1. the person conducting the sale does not receive from the relevant entity a reward for the person's services; and
    2. amounts received from the sale are paid directly to an officer or employee of the relevant entity who is authorised by the relevant entity to receive and deal with the amounts

In this section - sale means a sale, attempted sale or an offering for sale or resale, by way of auction.

Registered office

A property agent's or resident letting agent's registered office is: 

  1. for a property agent or resident letting agent who is a principal licensee -
    1. the place the agent states in the agent's application as the agent's principal place of business; or
    2. another place notified to the chief executive by the agent in the approved form as the agent's principal place of business; and
  2. for a property agent or resident letting agent who is an employed licensee -
    1. the place the agent states in the licensee's application for a property agent's licence as the agent's business address; or 
    2. another place notified to the chief executive by the agent in the approved form as the agent's business address.
Suitable person (corporation)
  1. A corporation is not a suitable person to hold a licence if an executive officer of the corporation:
    1. is an insolvent under administration; or
    2. has been convicted in Queensland or elsewhere, within the preceding 5 years, of a serious offence; or
    3. is currently disqualified from holding a licence or registration certificate; or
    4. is a person the chief executive decides under Section 36 is not a suitable person to hold a licence.
  2. A corporation that is not a suitable person cannot hold a licence.
Suitable person (individual)
  1. An individual is not a suitable person to hold a licence if the person is:
    1. an insolvent under administration; or
    2. a person who has been convicted in Queensland or elsewhere, within the preceeding 5 years, of a serious offence; or
    3. currently disqualified from holding a licence or registration certificate; or
    4. a person the chief executive decides under Section 36 is not a suitable person to hold a licence.
  2. An individual who is not a suitable person to hold a licence cannot hold a licence.

Eligibility requirements


You must:

  • be at least 18 years of age
  • be a suitable person
  • be an eligible person
  • have a registered office in Queensland.

Note: If you are notifying under the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003, you must be authorised to practise an occupation equivalent to the Queensland occupation covered by this licence in a participating state or territory or in New Zealand. For more information see Mutual recognition of occupational licence or certificate of registration.

Duration

This licence will remain in effect for 12 months or 3 years. You will be issued with a renewal notice annually or every 3 years approximately 6 weeks before the expiry date.

Fees

TypeAmountDescription
Application$38.80

Criminal history check

Application$1,377.30

Application and licence fee (individual): 1 year

Application$783.80

Application and licence fee (corporation): 1 year

Application$2,582.30

Application and licence fee (individual): 3 years

Application$1,413.30

Application and licence fee (corporation): 3 years

Application$160.30

Additional licence fee for each additional class.

Application

Submit either:

  • Form 1-1: Application for individuals licence (if you are applying as an individual); or
  • Form 1-2: Application for corporations licence (if you are applying as a corporation).

Your application must be accompanied by:

  • an application fee
  • a licence issue fee
  • a criminal history check fee for each person whose date and place of birth appear on the application
  • a certified copy of either your birth certificate, birth certificate extract, passport, Certificate of Australian citizenship or drivers licence. Proof of identity can be certified by a Justice of the Peace, Commissioner for Declarations, barrister/solicitor or notary public. (Note: None of the above required to be provided upon renewal on the proviso that the name the licence was issued in has not changed or unless otherwise requested)
  • the place or places in Queensland where you propose to carry on business under the licence
  • the capacity in which you intend performing activities under the licence and the address where the activities are to be performed (business address)
  • if you intend to be employed as a person in charge of a licensees business at a place of business - the name of your licensed employer and the address of the place of business where you are to be in charge (also a business address)
  • a certificate of completion of modules.

If you are planning to work for another licensee after your licence is granted, you should also supply a signed letter from your employer confirming this.

Note: The licence application fee and licence renewal application fee are not refundable.

If you are notifying under the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 submit a Form 1: Application for mutual recognition of occupational licence with a copy of your current interstate licence.

*If you are applying for an additional licence under the Property Occupations Act 2014 or the Motor Dealers Chattel Auctioneers Act 2014 you only need to pay an application fee for each additional licence class.


Transfer details

You cannot transfer this licence to another entity.


Additional information

Applicants must undergo a criminal history check to confirm their suitability. The criminal history check applies for each person who appears on the application form. The fee applies to all applications and renewal notices. All active partners are required to be licensed. All non active partners are required to be suitable.

A real estate agent that is a corporation and a principal licensee (corporate agent) must ensure that:

  • the individual in charge of the corporate agent's business at its registered office is a real estate agent; and
  • if the corporate agent has more than 1 place of business, at each other place of business an individual who is a real estate agent or in the case of a resident letting agent business, a resident letting agent is in charge of the corporate agent's business at the place.

Note: Applicants for a chattel auctioneer licence are not required to pay an additional application fee if they already hold, or are also applying for, an auctioneer licence.

Administering agency

Department of Justice and Attorney-General
Office of Fair Trading
Industry Licensing Unit

Act(s) name

Property Occupations Act 2014 (Queensland)

Motor Dealers and Chattel Auctioneers Act 2014 (Queensland)

Contact details

Queensland Government Service Centre
Department of Justice and Attorney-General
Office of Fair Trading
Industry Licensing Unit


Operating address:
Upper Plaza Terrace
33 Charlotte Street
Brisbane, Queensland 4000
Mailing address:
GPO Box 3111
Brisbane, Queensland 4001

Phone:

07 3405 0985

Phone:

13 QGOV (13 74 68)

Fax:

07 3008 5933
IndustryLicensing@justice.qld.gov.au

Website:

Office of Fair Trading Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

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