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What is Fidelity Fund insurance?
Fidelity Fund insurance is for the benefit of the client. The policy provides cover for homeowners if the work is incomplete, defective or they are unable to enforce or recover under a statutory warranty AND the builder has:
- Died
- Disappeared
- Become insolvent, or
- Had their registration cancelled by the Building Practitioners Board.
What are prescribed building works?
Builders must apply for Fidelity Fund insurance for prescribed building works over $12,000. Prescribed building work includes:
- building a new home (Class 1a);
- a Class 10 building attached to a Class 1a detached home if it is constructed at the same time as the house;
- a retaining wall constructed at any time that is not attached to the house but on which the integrity of such a house depends;
- units in complexes up to three storeys in height excluding undercroft or underground parking levels; and
- renovations and extensions that increase the residential floor area of a house.
The table below sets out the common types of residential building work that requires Fidelity Fund insurance.
| Type of work | Is Fidelity Fund insurance required? |
| House | Yes |
| Duplexes and townhouses | Yes |
| Conversion of shed to house, or enclosure of a carport to form a habitable room | Yes |
| Garage attached to a house | Yes |
| Prefabricated house | No |
| Flats less than three storeys excluding undercroft or underground parking levels | Yes |
| Flats greater than three storeys excluding undercroft or underground parking levels | No |
|
Alterations and additions to:
|
Yes, for works that are over $12,000 and increase the floor area |
| Freestanding garages, sheds and fences | No |
| Bathroom renovations | No, unless completed in conjunction with other work to a building that does require a Fidelity Fund certificate |
| Bed and breakfast | Yes, unless the building is classified as a Class 1b building. |
| Retaining wall separate from and not supporting a residential building | No |
| Retaining wall for a residential building structure | Yes |
Who arranges Fidelity Fund insurance?
Builders must apply for Fidelity Fund insurance and a copy of the Fidelity Fund insurance certificate must be provided to the owner before building work commences. The builder cannot demand a deposit under the building contract unless Fidelity Fund insurance is in place and a copy of the insurance certificate has been provided to the owner.
How to apply?
Contact the Fidelity Fund to get a Fidelity Fund certificate. The Fidelity Fund is currently the only provider in the NT and manages the fund.
To find out more, contact HIA's Contracts and Compliance team
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The above is intended to provide general information in summary form. The content does not constitute specific advice and should not be relied upon as such. Formal advice should be sought by members and customers with respect to particular matters before taking action.
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