Guide · WA home indemnity
You take out the policy.
The owner is the one it protects.
Home Indemnity Insurance is Western Australia’s builder warranty cover: the builder takes it out, but it protects the home owner, and only as a last resort. This guide walks through the scheme as the WA Building Commission set it out: what it covers, when it responds, the certificate and notice obligations, and what all of that means for how you run jobs. Several figures below come from a 2017 bulletin and fact sheet, so treat them as a starting point and confirm the current WA source. General information, not legal or financial advice.
Written by Brad Caldon, Founder, VIABUILD. Licensed builder (NSW) · Registered Building Practitioner (Class 1 to 9) · B.Construction Management (Hons)
01 / The basics
In plain English
Home Indemnity Insurance (HII) is governed by the Home Building Contracts Act 1991 (WA). It protects owners against financial loss where a builder cannot complete the work, or cannot meet a valid claim for faulty work, because of death, disappearance or insolvency. It is required for residential building work valued over $20,000. Confirm the current threshold and procedural requirements against the current WA source, as the specifics here are drawn from a 2017 WA Building Commission bulletin and fact sheet.
The structure surprises builders who have not read it: the policy is taken out in the owner’s name, so its benefit passes to a subsequent owner if the home is sold within the cover period. You take out a policy that protects someone else, against you failing.
Last resort: what HII actually is
HII is last-resort cover. It responds only where the builder cannot answer for the work because of death, disappearance or insolvency, not whenever a defect or dispute arises. Just as importantly, HII does not reduce the builder’s ongoing liability: the cover sitting behind a job does not move the responsibility for the work off the builder. In an ordinary dispute with a solvent, contactable builder, the policy does not respond, and the builder remains directly liable. That is worth being plain about with clients, so nobody mistakes the certificate for a general guarantee.
Cover, periods and exemptions
- Period: cover applies during the construction period and for six years from practical completion.
- Whose cover it is: the policy is in the owner’s name, so the benefit passes to a subsequent owner if the home is sold within the six-year period.
- Limits: the policy must pay up to $100,000, or the value of the contract work if less, plus no more than $20,000 for loss of deposit, with a $500 excess. These figures are drawn from the 2017 source and may have changed, so confirm the current limits.
- Exemptions: multi-storey multi-unit developments, fully leased retirement villages, subcontractors, demolition, and standalone associated work such as a pool, fence, pergola or landscaping.
A note on currency: the $20,000 threshold, the cover limits, the excess and the penalties below come from a 2017 WA Building Commission bulletin and fact sheet. Thresholds, limits and penalties may have changed since, so confirm every figure against the current WA source before relying on it. None of this is legal or financial advice.
The certificate and the notice
Before undertaking residential building work valued over $20,000, the builder must obtain a HII certificate of insurance before claiming any payment from owners or commencing work. The builder must then provide a copy of that certificate to the owner and to the permit authority as part of the building approval process. Separately, before a contract is signed or a deposit paid, the builder must give the owner a "Notice for the Home Owner" summarising the Act’s main requirements. A HII certificate of insurance is distinct from a certificate of eligibility or a construction or public liability certificate, which are not acceptable substitutes; confirm this against the current WA source.
The permit authority must be satisfied a valid HII certificate has been submitted before granting a building permit, and may refuse the application otherwise. Where there is a change of builder mid-construction and a new contract is entered, the replacement builder must obtain HII and provide the certificate to the owner.
For how Western Australia compares with the other states’ schemes, see our state-by-state home warranty guide, the NSW equivalent in our HBCF eligibility guide, and the Victorian scheme in our Domestic Building Insurance guide.
02 / The reality
Where builders get stuck
Treating the certificate as a job formality
The HII certificate must be obtained before claiming any payment from owners or commencing work. Builders who treat it as an afterthought risk taking a deposit or starting a job before the cover and paperwork are in place.
Clients who think HII covers everything
Owners often believe the certificate protects them in any dispute. It responds only on death, disappearance or insolvency, and it does not reduce your ongoing liability. Unmanaged, that misunderstanding lands on your relationship when a dispute arises.
Missing the "Notice for the Home Owner"
Before a contract is signed or a deposit paid, the owner must be given the Notice for the Home Owner summarising the Act’s main requirements. A notice that never gets issued, or gets issued after the deposit, is a compliance gap hiding in plain sight.
The permit stalling on the certificate
The permit authority must be satisfied a valid HII certificate has been submitted before granting a building permit, and may refuse the application otherwise. A certificate copy that is not with the permit authority can hold up the approval you are waiting on.
Change of builder without new cover
Where a job changes builder mid-construction and a new contract is entered, the replacement builder must obtain HII and provide the certificate to the owner. Assuming the outgoing builder’s cover carries over is how a job proceeds uninsured.
Drifting toward the insolvency trigger
HII answers when a builder becomes insolvent. A business that does not watch its costs and cashflow can slide toward the very trigger the scheme exists for, which is a business problem long before it is an insurance one.
03 / The fix
A workflow that holds up
- 01
Confirm the current scheme settings
Check the current WA threshold, limits, excess and penalties against the current WA source before contracting. The figures in this guide are from a 2017 bulletin and fact sheet and may have changed.
- 02
Issue the notice before money moves
Give the owner the "Notice for the Home Owner" before the contract is signed or a deposit is paid. This is a sequencing rule, so build it into how you open a job rather than treating it as paperwork to catch up on.
- 03
Obtain and distribute the certificate
For residential work over $20,000, obtain the HII certificate before claiming any payment or commencing work, then provide a copy to the owner and to the permit authority as part of the building approval.
- 04
Brief the client on what HII is and isn’t
A short conversation at contract signing: the cover protects them as a last resort if you die, disappear or become insolvent, it does not reduce your liability, and it is not a general dispute fund. Clients who understand this negotiate disputes rather than lodging doomed claims.
- 05
Re-insure on a change of builder
If you take over a job mid-construction under a new contract, obtain HII in your name and provide the certificate to the owner. Do not assume the previous builder’s cover follows the job.
- 06
Archive the build for the cover period
Contracts, the notice, the certificate, variations, progress claims and inspection records, kept retrievable for at least the six-year period from practical completion. A claim years later is decided on records, not recollections.
04 / The tooling
How software helps
Nothing in software changes the scheme, and software does not affect the cover. VIABUILD does not provide, arrange, price or advise on insurance, and does not deal with the HII scheme. What software changes is whether the records the scheme runs on exist when you need them. Every pressure point above is documentary: showing the owner got their notice and their copy of the certificate, proving what the contract price was after variations, holding the records across a six-year tail, answering a claim from files rather than memory.
A platform that keeps the written contract, the "Notice for the Home Owner", the HII certificate copy, variations and costs and progress claims tied to the job is quietly building your compliance file as a by-product of normal work. And because HII responds on insolvency, keeping cost and cashflow visible is how a builder stays clear of the trigger in the first place. The alternative is reconstructing an old job’s history years later, from several ex-employees’ inboxes, under a claim deadline.
05 / In practice
Where VIABUILD fits
VIABUILD keeps the job documented so the evidence exists.
VIABUILD keeps each job’s commercial history in one place: the written contract, the "Notice for the Home Owner", the HII certificate copy, progress claims and variations documented with a dated trail, and costs and commitments in cost tracking, so the compliance paperwork is not lost and evidence exists if a claim arises. Keeping cost and cashflow visible also means the business is less likely to hit the insolvency trigger in the first place.
VIABUILD is not insurance and does not provide, arrange, price or advise on HII, and does not deal with the scheme or affect the cover. Thresholds, limits, the certificate and the claim are between you, your insurer and your advisers. The figures in this guide come from a 2017 WA Building Commission bulletin and fact sheet and may have changed, so confirm the current WA source. General information, not legal or financial advice.
- Contract, notice and certificate copy held against the job
- Variations documented with a dated approval trail
- Progress claims and costs tied to what was built
- Compliance paperwork kept, not lost in inboxes
- Cost and cashflow visible, away from the insolvency trigger
- Not insurance; confirm figures against the current WA source
06 / FAQ
Common questions.
HII is Western Australia’s builder warranty cover, governed by the Home Building Contracts Act 1991 (WA). The builder takes out the policy, but it is in the owner’s name and protects the owner against financial loss if the builder cannot complete the work, or cannot meet a valid claim for faulty work, due to death, disappearance or insolvency. It is required for residential building work valued over $20,000. It is last-resort cover and does not reduce the builder’s ongoing liability. These details are drawn from a 2017 WA Building Commission bulletin and fact sheet, so confirm the current WA source. General information, not legal or financial advice.
Only as a last resort, where the builder cannot complete the work or meet a valid claim for faulty work because of death, disappearance or insolvency. It does not respond in an ordinary dispute with a solvent, contactable builder, and it does not reduce the builder’s ongoing liability. Cover applies during the construction period and for six years from practical completion.
On the figures in a 2017 WA Building Commission source, the policy must pay up to $100,000, or the value of the contract work if less, plus no more than $20,000 for loss of deposit, with a $500 excess. These figures come from a 2017 bulletin and fact sheet and may have changed, so confirm the current limits and excess against the current WA source before relying on any of them.
Before undertaking residential building work valued over $20,000, the builder must obtain a HII certificate of insurance before claiming any payment from owners or commencing work, and must provide a copy to the owner and to the permit authority as part of the building approval. Separately, before a contract is signed or a deposit paid, the builder must give the owner a "Notice for the Home Owner" summarising the Act’s main requirements. A HII certificate is distinct from a certificate of eligibility or a construction or public liability certificate, which are not acceptable substitutes; confirm this against the current WA source. The threshold figure is from a 2017 source and may have changed.
Because the policy is in the owner’s name, its benefit passes to a subsequent owner if the home is sold within the six-year period. Where there is a change of builder mid-construction and a new contract is entered, the replacement builder must obtain HII and provide the certificate to the owner, so cover does not simply carry over from the outgoing builder.
On the 2017 figures, a builder who does not take out HII as required can be prosecuted and fined up to $50,000 and may lose their builder’s registration. Owner-builders are not required to take out HII to build, but must have cover if they sell within seven years of the building permit, and failure can lead to a $10,000 fine. A registered builder may build their own principal place of residence once every six years without HII (a statutory declaration under section 25B(3)), but must provide HII to a subsequent owner for seven years if sold. These penalty and figure details come from a 2017 bulletin and fact sheet and may have changed, so confirm them against the current WA source.
About the author
Brad Caldon
Founder, VIABUILD
Brad Caldon is the founder of VIABUILD and a builder and property developer with nearly two decades across residential construction and development. He holds a NSW Home Builder Licence, is a Registered Building Practitioner across Class 1 to Class 9 buildings, and holds a Bachelor of Construction Management (Building) (Honours) from the University of Newcastle.
More about VIABUILD →07 / Keep reading
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