QBCC licence and other fees are set by regulation and increase according to the Government Indexation Rate. For 2024-2025, the Government Indexation Rate is zero percent. Therefore there was no fee increase on 1 July 2024.
Building approval associated with non-completion—advice for consumers
Learn about the non-completion building approval process.
How building approval affects your claim for incomplete built work
When a claim for assistance to complete residential construction work under the Queensland Home Warranty Scheme (QHWS) is approved, progress of the claim is often restricted by missing certificates that relate to the built work finished before the termination of the original contract, such as:
- certificates for regulated stages of assessable development, prohibiting the progression of the work (Form 16), and/or
- aspect inspection certificates by appointed competent persons (Form 12) and aspect certificates issued by licensed subcontractors (Form 43) restricting issuing of a final certificate (Form 21 and Form 17 for Pools) or a certificate of occupancy (Form 11).
Obtaining certificates and building approval
We have no power to assist with acquiring certificates for the building work carried out before the termination of your contract with the original contractor. Assistance for the cost of these certificates is expressly excluded from the QHWS terms of cover.
Note:
- Undertaking the necessary building assessment work to decide if the building work complies with the building approval is the role of a building certifier.
- It is the landowner’s responsibility to acquire and maintain building approval, and to comply with the development approval conditions.
- Consumers must make their own arrangements to obtain any missing certificates for the built work. A final certificate may not be issued unless all the required certificates are lodged with your building certifier.
How we settle your claim for incomplete built work
While the QBCC can settle claims in a variety of ways, it is our position that the most appropriate way to settle claims is to pay an appropriately licensed contractor to complete or rectify the building work. The contractor is appointed by the QBCC following a tender process managed by the QBCC’s external building consultant. The appointed contractor that completes the work is responsible for providing certification for any building work carried out as part of the QHWS claim only.
If your circumstances indicate your claim may be suitable to be settled in another way, your claims officer will discuss the options with you and provide you with written details of the proposal.
What you should do now
To avoid unnecessary delays to the progress of your claim you should contact the building certifier who provided the building approval to advise you about the building approval process and how to engage their services directly.
When requesting a quote from the building certifier to re-engage their services request an itemised quote separating:
- certification of the building work carried out by the original contractor, and
- certification of the new work, the work to be undertaken by the QBCC-appointed completing contractor.
By seeking an itemised quote from the building certifier, you may be entitled to claim for the cost of building approval for the new work, subject to the terms of your original contract and the QHWS.
If you are unable to re-engage with the private certifier who issued the building approval, you should contact your local council for assistance with the appointment of a private certifier.
Queensland leads the way for homeowner protection
The QBCC recognises that a person’s home is likely to be their biggest asset, so it is reassuring to know that the nation-leading Queensland Home Warranty Scheme (QHWS) may help to protect owners if things go wrong.
QBCC Commissioner Anissa Levy says Queensland is the only state to offer first resort home warranty consumer protection cover.
“Customers can face many challenges when a construction company collapses and there are contracts and incomplete projects they need to navigate,” Ms Levy says.
“One of the reasons the QHWS is in place, is to help protect homeowners when something like this happens.
“Last financial year, the QBCC approved claims totalling $36 million under the QHWS.
“This money helps thousands of Queenslanders who have been left with unfinished projects, or if a builder has failed to rectify defective works, or if their building has been affected by subsidence or settlement,” Ms Levy says.
The QHWS extends coverage for incomplete residential construction work where the homeowner has paid a deposit, but work has not started. In these circumstances, the scheme may refund the deposit to the homeowner.
Where work has started the QHWS may cover completion of the work up to a maximum of $200,000. The level of assistance the scheme can provide will be assessed on a case-by-case basis.
There are certain eligibility requirements for a non-completion claim. The contract must be validly terminated within two years of work commencing on site, and the claim must be made within three months of the termination. Homeowners are encouraged to seek legal advice about their contractual rights and obligations. Commissioner Levy is also reminding homeowners that claims can take time.
“Every claim is unique and approval times for claims will vary, depending on a range of factors. Simpler claims can be processed quickly (for example, deposit refunds where no work has started). However, more complex non-completion claims require careful consideration and may therefore take longer to assess.
“In all other states in Australia, a consumer has to wait until the builder is deceased, insolvent or is otherwise non-contactable, before a homeowner can make a claim, or exhaust all other options via a court process,” Ms Levy says.
For residential construction projects, the QHWS provides claims coverage of up to $200,000 for incomplete work, and up to $200,000 for defective work or subsidence-related issues post completion.
The work is covered for a period of 6 years 6 months. Further information about the Queensland Home Warranty Scheme is available on the QBCC website.
Oracle Building Corporation Pty Ltd
Queensland homeowners who have a contract with Oracle Building Corporation Pty Ltd Homes and have paid a deposit can make a claim under the Queensland Home Warranty Scheme.
With the consent of the appointed liquidators, the QBCC cancelled Oracle’s QBCC licence on Friday, 26 August 2022. This will save homeowners time and money because all contracts between Queensland homeowners and Oracle are ‘at and end’.
Consequently, it is not necessary for homeowners to terminate their contract with Oracle prior to making a claim under the QHWS.
There are time limits that apply to coverage under the QHWS. Affected consumers have until Monday, 28 November 2022 to lodge a claim for refund of deposit or for completion of their home.
Non-completion claims lodged after this date will not be eligible for assistance.
QBCC delivers for Brisbane family
The QBCC has come to the rescue for a Brisbane family after their home improvement dreams looked like going down the drain.
The Jennings family approached the QBCC for help after problems arose with the renovations at their home in northwest Brisbane.
QBCC Commissioner, Anissa Levy says the regulator stepped in to get the renovation back on track for the Arana Hills family thanks to the Queensland Home Warranty Scheme (QHWS).
“It's always good to hear from one of our many satisfied customers. In this instance we had a family of five living in a home with several defects including unusable bathrooms,” Ms Levy said.
“Thanks to the QHWS, the QBCC, our partners Sedgwick Building Consultants and the rectification builders this family now have their renovations completed including three working bathrooms.”
Ms Jennings said she was thrilled to have their family home back in working order.
“It’s a welcome relief to have the work completed and we are very satisfied with the excellent job by the rectification builder and the QBCC kept us informed the whole way,” Ms Jennings said.
Commissioner Levy says Queensland is the only State to offer first resort home warranty consumer protection cover.
“Being a first resort limited scheme, the QBCC is the first port of call for consumers. If QBCC cannot resolve the issue, and the contractor is at fault, a claim is paid provided the statutory requirements are met.
“This process means that consumers are not required to take expensive and lengthy legal action against builders".
“Instead, the QBCC pays a claim within the limits of the scheme, and, wherever possible, takes recovery action against any person or company that is determined to be responsible for the debt.
“In all other states, the consumer has to wait until the builder is deceased, insolvent or is otherwise non-contactable, before a homeowner can make a claim, or exhaust all other options via a court process.”
Further information about the Queensland Home Warranty Scheme is available on the QBCC website.
BACKGROUND
For residential construction projects, the QHWS provides claims coverage of up to $200,000 for incomplete work, defective work or subsidence-related issues post completion.
The work is covered for a period of 6 years 6 months from when the contract is signed by the homeowner and the primary contractor.
In 2021-22, 150,171 Queensland Home Warranty Scheme polices were written. Of those contracts 119,682 (80 per cent) were for renovations and 30,489 (20 per cent) were for new construction.
myQBCC user guide—creating a policy
Building confidence
The building and construction industry is one of Queensland’s most important sectors.
The Queensland Building and Construction Commission (QBCC) supports Queenslanders by:
- providing Australian-leading insurance that helps to safeguard building work
- helping make sure builders are licensed, work is done to standard and any defects are rectified
- helping protect the building and construction industry from unscrupulous contractors
- working to help tradies get paid.
For licensees
- Protecting your payments
- Options for resolving payment disputes
- Adjudication
- Monies owed complaint
- Preventing and handling disputes
- Home warranty insurance obligations
For home owners
Historical insurance premium tables
2019
- Insurance premium table—new home construction—1 August 2019 to 30 June 2020 (PDF)
- Insurance premium table—alterations, additions and swimming pools—1 August 2019 to 30 June 2020 (PDF)
- Insurance premium table—optional additional cover—1 August 2019 to 30 June 2020 (PDF)
2018
- Insurance premium table—new home construction—1 July 2018 to 31 July 2019 (PDF)
- Insurance premium table—alterations, additions and swimming pools—1 July 2018 to 31 July 2019 (PDF)
- Insurance premium table—optional additional cover—1 July 2018 to 31 July 2019 (PDF)
2017
- Insurance premium table—new home construction—1 July 2017 to 30 June 2018 (PDF)
- Insurance premium table—alterations, additions and swimming pools—1 July 2017 to 30 June 30 2018 (PDF)
- Insurance premium table—optional additional cover—1 July 2017 to 30 June 2018 (PDF)
2016
Queensland Home Warranty Scheme Review
As part of the Queensland Building Plan 2017 the Queensland Government has committed to strengthening the Queensland Home Warranty Scheme and promoting certainty, transparency, equity and fairness in the Scheme’s operation.
Given a home is one of the largest investments Queenslanders will make, it is important that the Scheme is structured to provide the best possible outcomes for consumers and industry.
In 2016, the Queensland Government made amendments to expand the Scheme’s coverage, increase cover limits and include the Scheme’s terms and conditions in regulation.
The next phase of the review will be led by a subcommittee of the Ministerial Construction Council (MCC), which is the Government’s peak building and construction industry advisory body. This review is being delivered in four stages.
Stage | Outcome | Timeframe |
---|---|---|
1 | Public survey to gauge current community and industry views | Completed August 2021 |
2 | Release of information paper based on survey results | Early 2022 |
3 | Information sessions across Queensland to define local community concerns | From early 2022 |
4 | MCC and Government consideration of the consultation results and policy response | Early to mid-2022 |
The Department of Energy and Public Works will be conducting online and in person information sessions, subject to COVID-19 restrictions, early 2022.
To register your interest in attending an information session or to receive further updates about the review, please visit www.qld.gov.au/HomeWarrantyScheme.
Any data gathered from the survey or consultation process will be held by the Scheme Review.
More information
Visit www.qld.gov.au/HomeWarrantyScheme for information regarding the review and consultation activities.
Visit the Queensland Home Warranty Scheme page for more information.
A to Z guide of insurable work
Notification form—home warranty insurance cover—pre 28.10.16
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