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QBCC Home Warranty Insurance
Building contractors are required to take out a QBCC Home Warranty Insurance policy on behalf of a homeowner where the value of the residential construction work is more than $3,300.
The purpose of the insurance is to protect the homeowner against:
- incomplete work;
- defective work; or
- the building suffering from subsidence or settlement.
If the relevant building contractor does not rectify or complete work under the contract, the homeowner may make a claim through the QBCC Home Warranty Insurance Scheme (the Scheme) within 6 years and 6 months from practical completion for any structural defects, or within 12 months from practical completion for any non-structural defects.
When must QBCC Home Warranty Insurance be taken out?
The building contractor must collect the insurance premium from the homeowner and pay it to the QBCC within the earlier of:
- 10 business days from when the contract is entered into; or
- the residential construction work starts.
Unregistered land
The Scheme allows for building contractors to take out insurance without verifying the site with the Titles Office. This means that if the land is yet to be registered, the insurance must still be taken out within the abovementioned timeframes. Of course physical construction does not generally begin until the land is registered and the homeowner has produced evidence of their title.
What is insurable ‘residential construction work’?
Primary insurable work includes but is not limited to construction or renovation of a ‘residence’ or related roofed building or any building work within the building envelope, the erection, construction or installation of a swimming pool as well as manufactured homes fixed to land in a residential park. A ‘residence’ includes a single detached dwelling, one or more attached dwellings separated by a common wall row house, terrace house, townhouse or villa unit, a building, of not more than three storeys, containing two or more separate residential units.
If you are doing any ‘primary insurable work’ then any work associated with that is also insurable (known as ‘associated insurable work’). For example, fencing, landscaping, and electrical work.
Any work on non-residential works, including commercial or industrial premises, and building work for an owner-builder holding the appropriate permit is excluded from insurance coverage.
Variations
Under Section 70 of the Queensland Building and Construction Commission Act 1991 (the QBCC Act), if the residential construction work being carried out needs to be varied, resulting in the value of the contract increasing by $5,000 or more, the building contractor must notify the QBCC so that an additional insurance premium can be paid. This includes single variations for $5,000 or multiple variations totalling $5,000 or more.
The building contractor must notify the QBCC prior to the variation works commencing. Penalties may apply if the building contractor does not comply with this requirement and if the correct premium is not paid.
Cancellation and refund of insurance policy
Obtaining a refund of an insurance premium can be difficult. To be eligible for a refund:
- the construction work must not have started;
- the building contractor and homeowner must have terminated the contract;
- less than one year must have elapsed since the day the contract was signed; and
- the building contractor must have refunded the deposit to the homeowner (less any lawful deductions which could include the insurance premium).
For further information, refer to changing or cancelling a QBCC Home Warranty Insurance policy.
GST
As the building contractor makes the payment of the premium on behalf of the homeowner, the building contractor is unlikely to be entitled to claim back the GST component of the premium.
For further information in relation to QBCC Home Warranty Insurance, please contact a Workplace Adviser on 1300 650 620 or HIA Insurance Services on 1800 762 878.
For further information, refer to HIA Home Warranty Insurance.
QBCC Home Warranty Insurance FAQs
In general, QBCC insurance is required for residential construction work valued at over $3,300. This includes new builds, renovations, extensions, and structural work. QBCC insurance provides protection for homeowners in the event that the builder is unable to complete the work or meet their obligations under the contract due to insolvency, death, or disappearance.
In the state of Queensland, all licensed builders are required to have insurance with the Queensland Building and Construction Commission (QBCC) as a condition of their licence. QBCC insurance is also known as home warranty insurance or domestic building insurance. This insurance provides cover for homeowners in the event that their builder fails to complete the building work or if the work is defective, and the builder is unable or unwilling to rectify the issues.
Insurable residential construction work typically refers to the building or renovation of a residential property, including homes, townhouses, and apartments, that is covered by insurance.
In the state of Queensland, insurable residential construction work is defined by the QBCC as building work that is:
- Domestic in nature: This means the work is intended for use as a residence or dwelling, including any attached structures such as garages or carports.
- Structural in nature: The work involves the load-bearing components of a building, such as the foundation, walls, roof, and structural elements.
- Regulated building work: The work is regulated by the QBCC. A licence is required for it to be carried out.
Examples of insurable residential construction work may include:
- Building a new home or townhouse
- Renovating or extending an existing home
- Repairing or replacing a roof
- Installing or replacing windows or doors
- Building a garage or carport
- Building a swimming pool or outdoor entertainment area.
QBCC insurance provides protection for homeowners in the event that their builder fails to complete the building work or if the work is defective, and the builder is unable or unwilling to rectify the issues. It’s important to note that this insurance only covers building work that is regulated by the QBCC and is within the scope of the builder’s licence. It does not cover defects or damages caused by factors outside of the builder’s control, such as natural disasters or owner negligence.
Specifically, the QBCC insurance covers the following:
- Non-completion of building work: If the builder is unable to complete the building work due to insolvency, death, disappearance, or suspension of their licence, QBCC insurance covers the cost to complete the work up to a certain amount.
- Defective building work: QBCC insurance provides coverage for defects in the building work that the builder has failed to rectify, up to a certain amount. This includes defects in the structural components of the building, such as the foundation, walls, and roof.
- Structural defects: QBCC insurance also covers the cost to rectify structural defects in the building work that occur within a certain period after the completion of the work. This period varies depending on the type of building work and ranges from six years for structural elements to two years for non-structural elements.
- Non-structural defects: QBCC insurance does not cover non-structural defects in the building work, such as cosmetic issues or defects in non-essential items like cabinetry or fixtures.
- Damage caused by the owner or their agents: QBCC insurance does not cover defects or damages caused by the owner or their agents, such as damage resulting from owner modifications or failure to maintain the building properly.
- Natural disasters or other events outside the builder's control: QBCC insurance does not cover defects or damages caused by events outside the builder's control, such as natural disasters, fire, or theft.
- Commercial building work: QBCC insurance only covers residential building work and does not cover commercial building work.
- Work performed by unlicensed or unapproved persons: QBCC insurance does not cover work performed by unlicensed or unapproved persons, such as subcontractors or tradespeople who are not authorised to perform the work.
Some examples of optional additional cover available for QBCC insurance in Queensland include:
- Construction Works Insurance: This provides coverage for loss or damage to the building work during the construction period, such as damage caused by fire, flood, or theft.
- Public Liability Insurance: This provides coverage for any claims made against the homeowner for injury or property damage caused by the building work or its contractors.
- Home and Contents Insurance: This provides coverage for loss or damage to the homeowner's personal property, as well as any fixtures or fittings installed as part of the building work.
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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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