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Building indemnity insurance compliance crackdown
A recent Government audit has revealed a troubling trend of builders starting residential building work without the required building indemnity insurance (BII) in place. In response to the findings, Consumer Business Services (CBS) has launched a targeted compliance program to follow up with the builders identified, requiring them to immediately provide proof of insurance or secure appropriate cover without delay.
What you need to know
The audit follows changes to the BII requirements, which came into effect from 10 November 2025. Earlier, In July 2025, we released a member alert outlining these updates and helping builders prepare.
Key changes included:
- A higher insurable contract threshold, rising from $12,000 to $20,000; and
- a higher maximum insurance payout, increasing from $80,000 to $250,000.
When BII must be lodged
As part of the audit, the Government will also write to relevant authorities to ensure compliance with the BII lodgement requirements during the development approval process. Licensed building work contractors are reminded that the BII certificate must be submitted at the time building consent is lodged with the relevant council or accredited professional if:
- the domestic building contract is signed before lodging building application consent; or
- the builder is undertaking the work on their own behalf.
Otherwise, the certificate must be submitted before or at the same time as giving notice of commencement of the building work.
Failure to obtain BII where required can attract significant penalties under the Building Work Contractors Act 1995, including up to $100,000 for individuals and $500,000 for a body corporate.
Next steps
Compliance checks will be increasingly vigilant when monitoring commencement notifications, and builders who cannot provide a valid BII certificate may face enforcement action. In addition, non-compliance can also cause delays, scheduling disruptions, and financial impacts.
We encourage builders to review their internal processes and use available resources to maintain full compliance. Having BII in place before work starts is essential to keeping projects on track.
To find out more, contact HIA's Contracts and Compliance team
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