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NSW Builders Receive Warnings for Insurance Compliance Failures

NSW Builders Receive Warnings for Insurance Compliance Failures

New South Wales' prolific construction sector recently came under scrutiny after a regulatory check by the state's insurance watchdog.
The recent audit zeroed in on a regrettable pattern where several builders skipped procuring legally required home building compensation insurance (HBC), putting the financial stability of various homeowners in jeopardy.

The State Insurance Regulatory Authority (SIRA) detected lapses in compulsory insurance acquisition among nine businesses. This shortfall affected 131 residential construction ventures, leaving new homeowners vulnerable to the potential insolvency of the firms in question. HBC insurance, essential for projects with a contract value exceeding $20,000, is a protective measure safeguarding homeowner investments against incompletely executed or defective construction work.

Without this critical insurance, customers who have paid deposits would be left unprotected if the construction company fails to fulfill its contractual obligations. Petrina Casey, SIRA's Acting CEO, emphasized the significance of ensuring these companies are fully compliant with HBC insurance coverage, thereby securing the investments of individuals building their family homes.

These compliance discrepancies came to light due to a focused audit initiated last August, leveraging data-matching techniques. A collaborative approach with Building Commission NSW employing detailed analysis of planning data and insurance records from icare—the primary insurer for HBC—unearthed the pattern of non-compliance.

The identified firms received cautions from SIRA with a clear message: further non-compliance could lead to sterner reprisals, including penalty notices or external referrals for other enforcement actions. The intensity of regulatory oversight is an evident indicator of the state's commitment to elevating building standards and ensuring insurance adherence.

Combined efforts between SIRA and NSW Building Commissioner David Chandler have further reinforced the seriousness of the situation. Both the Housing Industry Association and the Master Builders Association have been engaged, with Chandler asserting the need for their members to prioritize meeting building codes and insurance regulations moving forward.

Missteps in adhering to mandatory insurance requirements not only put individual homeowners at risk but could potentially erode trust in the construction industry—a situation NSW authorities are keen to avert through proactive engagement and vigilance.

Going beyond cautionary advisories, SIRA's determination to clamp down on non-compliance underscores its protective stance towards consumers. The incident serves as a poignant call-to-action for construction firms across the sector to scrutinize their insurance protocols and align with regulatory expectations.

Published:Monday, 8th Apr 2024
Source: Paige Estritori

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Public Liability Insurance:
A very broad term for insurance covering liability exposures for individuals and business owners. It provides broad coverage, generally including all exposures for property damage and bodily injury.