Protection is not limited to the original client

NSW home building compensation cover is designed to protect homeowners and certain successors in title. A purchaser of a recently built or renovated property may therefore benefit from an existing project certificate if covered loss emerges within the applicable period and a claim trigger exists.

This is one reason the certificate belongs in the permanent property file, not only in the original owner's contract folder.

What a purchaser should request

Ask for the HBCF Certificate of Insurance, building contract, approved plans, specifications, variations, occupation certificate, compliance certificates, warranties, defect correspondence and evidence of rectification. For significant renovations, identify the exact scope and completion date rather than relying on a sales description such as fully renovated.

Use HBC Check to search the property and confirm the certificate details. The tool may also disclose paid claims associated with the address. A result should be read together with the contract documents because multiple projects can exist at one property.

Remaining time matters

For completed work, the general HBCF periods are six years for major defects and two years for other losses, with limited additional time where a loss first becomes apparent near the end of the period. The classification of a major defect is legal and fact-specific; an expensive repair is not automatically major.

Establish the completion date from reliable records. Settlement date, occupation date and the date the original owner moved in are not always the same as completion for statutory and insurance purposes.

Due diligence should still inspect the building

A certificate is not evidence that the work is defect-free. Obtain an inspection proportionate to the age, scale and risk of the work. Pay particular attention to waterproofing, drainage, structural alterations, fire separation, roofing, retaining structures and concealed work for which records are missing.

Where defects are suspected, the current owner should notify icare HBCF in writing promptly and pursue the responsible builder through the appropriate process. A purchaser should obtain advice before settlement if a known defect, existing notification or live claim is attached to the property.

Practical takeaway: HBCF may follow the home, but useful protection depends on finding the certificate, understanding the remaining periods and investigating the actual condition of the work.

How ARK Houses can help

ARK Houses can undertake a risk-based inspection and scope where a purchaser or later owner is concerned about recent building work. Our focus is on locating the condition, distinguishing visible completion from concealed risk and producing a practical rectification pathway.

Discuss Your HBCF Documentation

This article provides general construction information only. It is not legal, financial or insurance advice. HBCF cover, deadlines, insurer decisions, contract rights and project requirements depend on the policy, evidence and individual circumstances. Obtain appropriate professional advice for your matter.