DBPA insurance requirement deferred

Holding Redlich


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The requirement for NSW building practitioners to have adequate insurance under the DBPA has been deferred again.
Australia Real Estate and Construction
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It will surprise few to learn that a regulation has been quietly introduced to further defer the requirement for registered building practitioners to have adequate insurance under the Design and Building Practitioners Act 2020 (DBPA).

The Design and Building Practitioners Amendment (Miscellaneous) Regulation 2024, published on 7 June 2024, amends the Design and Building Practitioners Regulation 2021, with effect from 1 July 2024, to further exempt registered building practitioners from the requirement to adequately insure until 30 June 2025.

The previous exemption was set to expire on 30 June 2024. The context for the exemption is a market which traditionally hasn't offered the equivalent of professional indemnity insurance for builders.

It remains to be seen whether the market will effectively prevent this element of the Design and Building Practitioners legislation from one day taking effect, or force the state into a position where to advance it, it must become the insurer.

If you have any questions about this change, please get in touch with a member of our team below.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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