On and from 1 July 2023 a registered building practitioner under the Design and Building Practitioners Act 2020 (the Act) will need to be adequately insured to perform building work or provide a building compliance declaration.
Registered building practitioners will need to ensure that they are adequately insured for any work referred to in a compliance declaration given on and from 1 July 2023. This will include any work done before that date relating to that declaration.
Section 24(1) of the Act states:
(1) A registered building practitioner must not -
a) Provide a building compliance declaration to do related building work, or
b) Hold out that the practitioner is adequately insured with respect to the provision of the declaration or doing the work unless the practitioner is adequately insured with respect to the declaration and work.
Clause 75 of the Design and Building Practitioners Regulation 2021 states:
(1) For the purposes of section 24(2)(a) of the Act, a registered building practitioner must be indemnified under an insurance policy, whether a professional indemnity policy or otherwise, that complies with this clause.
(2) An insurance policy must, in the reasonable opinion of the registered building practitioner concerned, provide for an adequate level of indemnity for the liability that could be incurred by the practitioner during the practitioner’s work.
(3) In determining whether a policy provides for an adequate level of indemnity, the practitioner must consider the following matters:
a) the nature and risks associated with the work typically carried out by the
b) the volume of the work typically carried out by the practitioner,
c) the length of time that the practitioner has been registered,
d) a reasonable estimate of claims that could be brought against the practitioner
based on paragraphs (a)–(c),
e) the financial capacity of the practitioner,
f) any limits, exceptions, exclusions, terms, or conditions of the policy
We recommend that you consult with your insurance broker. Otherwise, you can contact Master Builders Insurance Brokers for further questions.