Rules about holding a licence
When operating within a regulated industry, it is your responsibility to ensure that you have the required licence(s) to perform the role.
Identify yourself
Whenever you operate
You must be able to show any client or an inspector a copy of:
- your licence
- your corporate licence
- any employee’s licence or registration.
To do this, you must:
- keep a copy for each licensee at all relevant premises
- show the copy to the client or inspector if they ask to see it.
At an auction
You must display your name at the site of an auction.
It must be:
- in clear and legible text
- in a conspicuous position in the premises.
A conspicuous position might be:
- by the entrance to the premises
- at an obvious location in the auction room.
This must be visible through the auction.
Some limited exemptions apply—for instance, if:
- you are moving around a large, open outdoor area
- inclement weather would make it impossible to use the sign.
For example, this might be an outdoor auction in very strong wind. In these cases, you must announce your name at the start of the auction.
Have the right licence
The following information only applies if you work in a regulated aspect of a business. If you have any contact with clients, you will probably need a licence or registration.
Real estate agents
If a real estate agent employs you, you can be a:
- licensed real estate agent
- licensed auctioneer (to conduct auctions on their behalf)
- registered real estate salesperson.
You probably need a full licence if you work for:
- a real estate agent on a contractual basis
- an independent contractor.
If you are going to work on a contractual basis, you should seek independent legal advice about your licensing requirements.
If you have a limited or conditional licence or registration, you may only do work that meets the conditions of your licence.
Resident letting agents
To work for a resident letting agent, you can either have a resident letting agent licence or a real estate agent licence.
You cannot hold a registration certificate. This applies no matter how you’re employed.
Auctioneers
To work for an auctioneer, you must have an auctioneer licence. This applies regardless of whether you’re an employee or a contractor.