Licensing and registration - real estate
Real estate and business agents licensing, registration and code of conduct
In Western Australia, individuals, partnerships or companies wishing to operate as real estate or business agents are required, under the Real Estate and Business Agents Act 1978 (the Act), to be licensed and hold a current triennial certificate.
An individual wishing to work as a real estate or business sales representative must be registered and work under the supervision of a Western Australian licensed real estate and business agent or a developer that has registered its principal place of business with Consumer Protection.
The licensing system administered by Consumer Protection ensures only suitably qualified people are allowed to operate in the real estate industry. It requires applicants to have certain qualifications, experience, and be a person of good character and repute.
Application forms and general information
All application forms and fees for the real estate industry can be accessed on our Property Industry licence fees and forms page.
If you have any questions about the application process, please phone the licensing contact centre on 1300 304 064 between 8:30am – 4:30pm weekdays.
Real estate and business agents
If a licence is granted, it is continuous unless cancelled through the operation of the Act or following disciplinary proceedings. However, a licence alone does not give the licensee the right to carry on business as an agent. A licence holder must also hold a current triennial certificate. A triennial certificate is issued at the time a licence is granted, and it must be renewed every three years – please refer to the next section regarding renewals.
A licence holder must, within 14 days of commencing to carry on business as an agent, complete the Notification of Commencement of Trading form and send it to Licensing Services by email or post. Similarly, within 14 days of ceasing to carry on business, a licence holder must notify Licensing Services in writing by email or post.
If a licence holder intends to carry on business at a branch office, written notice must be provided on or before the day of commencement. The written notice must include the address and nominate a branch manager who holds a current triennial certificate. A licence holder is also required to provide written notice of any changes to existing branch offices. Written notice can be provided by email or post to Licensing Services.
Written notice must also be provided for any changes to partners, directors or the person in bona fide control.
Option to surrender a triennial certificate
If a licence holder does not wish to continue to carry on business, they may surrender their triennial certificate and put their licence on hold at any time by paying the required holding fee. When ready to return to the industry, the licence holder can apply to renew the triennial certificate.
Renewal of a triennial certificate
To allow enough time for processing and any follow-up requirements relating to your application, it’s important to lodge a complete renewal application with all documentation at least one month before the expiry date. Incomplete applications will not be accepted.
The application must be approved by the Commissioner for Consumer Protection before the expiry of the triennial certificate otherwise fidelity fund coverage may not apply.
Conditions on licences and triennial certificates
The Commissioner may add or remove conditions on licences and triennial certificates at any time. If the Commissioner is considering adding a condition, the licence holder must be notified in writing, and be offered the opportunity to make submissions in relation to the proposed condition.
Unlicensed real estate and business agents who falsely claim to be, or imply they are, a licensed real estate and business agent are liable for a $100,000 penalty.
Real estate and business sales representatives (including property managers)
If you currently hold a registration restricted to property management transactions only or restricted to sales transactions only and you wish to apply to have the condition removed, please submit your request by email using the Application to remove condition form along with evidence of the relevant units from Certificate IV in Real Estate Practice (code CPP41419).
Renewal of a registration
To allow enough time for processing and any follow-up requirements relating to you application, it’s important to lodge a complete renewal application with all documentation at least one month before the expiry date.
If the renewal is not processed and granted by the Commissioner by the expiry date, you are no longer registered and should not be performing the duties of a sales representative or property manager until the renewal is granted.
Renewal applications received after the expiry date may be accepted but will incur a 25% late fee. Please note that a renewal application must be lodged not more than 23 months after expiry.
Conditions on a certificate of registration
The Commissioner may impose or remove conditions on a certificate of registration at any time. If the Commissioner is considering imposing a condition, sales representatives must be notified in writing, and be offered the opportunity to make submissions in relation to the proposed condition.
Sales representatives can request to have completed conditions removed from their certificates.
Unregistered real estate and business sales representatives who falsely claim to be, or imply they are, a registered real estate and business sales representative are liable for a $25,000 penalty.
Information about real estate developers' responsibilities and registration requirements can be found on the Property Developers - Real estate page.
For more information also see:
- Property industry fees and forms
- Witnessing applications
- Information for sales representatives
- Adding a new director or partner
- The Code of Conduct for Agents and Sales Representatives
- Real estate trust accounting: a reference manual
- Trust Account information
- Mutual Recognition information
- Buying a home
- Selling a home
- Using a real estate agent
- Complete list of real estate publications
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