Licensing for business, real estate and stock and station agents
Access Canberra is responsible for licensing real estate, business, and stock and station agents under the Agents Act 2003 (the Act).
- Business agents: represent the financial interests of their clients in the buying and selling of business shares, interest and stock.
- Stock and station agents: act for another to sell, buy and lease rural property and livestock
- Real estate agents act for another to sell, buy, lease or manage property. Real estate agents without conditional licences can also hold monies in trust and employ salespeople.
There are also 2 types of conditional real estate agent licences in the ACT:
- Conditional real estate agent to sell land by auction: can only act as an auctioneer of land. These agents can’t employ assistant agents.
- Conditional real estate agent to manage an owners corporation: can manage an owners corporation. If the agent is only managing an owners corporation, they don’t need to register their employees.
Comprehensive definitions for each agent type are in the Act.
Read about owners corporation managing agent licensing.
If you’re a real estate agent who employs assistant agents, they need to be registered.
Read about assistant agent registration.
Eligibility
To apply for an agent licence, you need to:
- be at least 18 years old
- have the qualifications for the licence you’re applying for
- have not been disqualified from holding a licence.
A list of reasons a person is disqualified is at section 27 of the Act. Reasons include past offences, bankruptcy, and individual incapacity.
Generally, if a person is disqualified the Commissioner for Fair Trading will refuse the licence. In the case of disqualification due to bankruptcy, insolvency, administration or winding-up, if the Commissioner is satisfied a person took all reasonable steps to avoid it, the licence may be granted.
You can apply as an individual, a partnership or as a corporation.
If applying:
- as a partnership both of you need to meet the criteria
- as a corporation, none of the directors can have been disqualified, and at least one must already hold a licence of the same kind you’re applying for.
Qualifications
Each licence type has specific qualification requirements.
The requirements are listed in the Agents (Qualifications and Experience for Licences) Declaration 2022 (No 1).
All qualifications must be based on the ACT law. You can get your training in another jurisdiction if the training is equivalent to ACT law.
This can be indicated on the statement of attainment or in a supporting letter from the provider.
Apply for an agent licence
To apply for an agent licence:
- Complete the Real Estate, Business, Stock and Station and Employment Agent Licence form.
- Upload your supporting documents. What you’ll need depends on whether you’re applying as an individual, partnership or corporation.
- Pay the fee.
Applying as an individual or partnership
If you’re applying as an individual or partnership, you’ll need to upload:
- your evidence of qualification attainment
- your proof of identity (at least one primary and 2 secondary)
- a police certificate for each applicant. This certificate must have been issued within 2 months of applying.
View acceptable proof of identity.
Applying as a corporation
If you’re applying as a corporation:
- upload a police certificate for each director. The certificates must have been issued within 2 months of applying.
- upload proof of identity (at least one primary and 2 secondary) for each director
- supply a company police certificate issued by the Australian Federal Police
- a current company extract (issued within 30 days of applying).
View acceptable proof of identity.
Notifying the public
Before granting the licence Access Canberra will notify the public of your application.
View notifications on the ACT Open Government website.
After 10 business days, if no one raises an objection with the Commissioner for Fair Trading, Access Canberra will grant the licence.
Once licenced your name will be listed on the relevant public register:
- Licenced real estate agents (issued before 1 July 2022)
- Licenced real estate agents (issued after 1 July 2022)
- Licenced business agents
- Licenced stock and station agents
If you have an agent licence and your address changes, you'll need to update your address.
Continuing professional development
As a condition of your licence renewal, you need to undertake continuing professional development (CPD).
The CPD requirements are listed in the Agents (Continuing Professional Development) Guideline 2022 (No 2).
Renewing your licence
When you apply you can pay for either a 1-year or 3-year licence.
You can renew online:
Paying annual fees
If you chose the 3-year option you can either pay the full sum, or annual instalments.
Mutual recognition
Only individuals can have their interstate real estate agent licence mutually recognised in the ACT.
The application process is the same as applying for an ACT licence, but Access Canberra will contact the relevant interstate authority to check whether you have any restrictions on your licence.
Read about automatic mutual recognition.
Reforms
From 1 July 2022, the ACT Government is changing the regulation of the real estate industry.
Find out more about reforms to the real estate industry.