In Australia, professional indemnity (PI) insurance requirements for building designers vary across states and territories, typically aligning with their registration and regulatory frameworks.

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• Regulatory Body: Queensland Building and Construction Commission (QBCC)
• Legislation: Building Act 1975 (QLD) Building Act 1975
• Requirements:
  • Building designers must be registered if they are providing services that fall under the definition of building design work as regulated by the Building Act 1975 (QLD).
  • A building designer must hold adequate Professional Indemnity (PI) insurance as part of the licensing requirements. The specific minimum limit of cover is not explicitly stated in the publicly available QBCC guidelines but must be sufficient to cover liabilities related to the scale and scope of the designer’s work.
  • Building designers need to be licensed in one of the following classes:
    • Low Rise: Covers Class 1 and Class 10 buildings or other classes up to 2000 m².
    • Medium Rise: Covers buildings up to three storeys.
    • Open: Covers any building height or size.
  • Under QBCC regulations, building designers are not explicitly required to hold professional indemnity (PI) insurance as part of their licensing requirements.

• Regulatory Body: NSW Fair Trading
• Legislation: Design and Building Practitioners Act 2020 (NSW)
• Requirements:
  • It is mandatory for building designer’s to hold PI insurance, as stipulated under the DPB Act.
  • The specific details regarding the minimum limits of PI coverage have been deferred until 1 July 2025.
  • Building designers are required to be registered under the Design and Building Practitioners Act 2020. This registration is mandatory for those involved in the design of buildings, particularly for Class 2 buildings (residential apartments), including alterations, additions and other specified works under the DPB Act.
  • Exemptions from Registration:
    • Single Dwelling Homes: Designers working on single residential dwellings (class 1) are generally not required to be registered under this Act, unless the work involved more complex aspects such as multi-storey or high-risk features
    • Small-scale or non-complex projects: For class 10 buildings (such as sheds or garages), or minor alterations to low-risk buildings, designers may not need to be registered, depending on the nature and scope of the project.
    • Designs not requiring compliance declarations: If the project does not require a compliance declaration from the designer (for example, if it falls outside the scope of the legislation that enforces such certifications), registration may not be needed.

• Regulatory Body: Victorian Building Authority (VBA)
• Legislation: Building Act 1993 (Vic)
• Requirements:
  • Mandatory for building designers to register and hold PI insurance to practice legally.
  • Minimum PI Limit: $1 million for any one claim, or $1.5 million if defense costs are included within the indemnity limit. Policies must include at least one reinstatement to the coverage level​

• Regulatory Body: Department of Mines, Industry Regulation and Safety (DMIRS)
• Legislation: Building Services (Registration) Act 2011 (WA)
• Requirements:
  • Registration is not currently mandatory for building designers as a standalone profession. However, the WA government is in the process of reforming its building legislation under the “Building Better” package, which is expected to include changes affecting design, certification, and construction processes.
  • There is no explicit requirement under legislation for building designers to carry professional indemnity (PI) insurance.

• Regulatory Body: Consumer and Business Services (CBS)
• Legislation:
  • Building Work Contractors Act 1995 (SA)
  • Planning, Development and Infrastructure Act 2016 (PDI Act)
• Requirements:
  • There are no standalone requirements specific to ‘building designers’ under the PDI Act or the Building Work Contractors Act
  • Registration is not explicitly mandatory for building designers under current legislation. However, CBS oversees licensing for various trades and professions, including those involved in building work. Designers who undertake building work or operate in capacities requiring a Building Work Contractor’s Licence must comply with relevant licensing requirements under the Building Work Contractors Act 1995 (SA).

• Regulatory Body: Consumer, Building, and Occupational Services (CBOS)
• Legislation:
  • Building Act 2016 (TAS)
  • Occupational Licensing Act 2005
• Requirements:
  • The Building Act 2016 regulates the building and construction industry, including standards for design and documentation. The Occupational Licensing Act 2005 provides the basis for licensing requirements, ensuring that building designers meet certain qualifications and professional standards.
  • Building designers are required to be licensed under the Occupational Licensing Act 2005
  • Building designers must hold a license to undertake work defined as “building services work” under the legislation.
  • PI Insurance is not strictly mandated by legislation for building designers.
  • Building designers working in Tasmania often face contractual obligations that necessitate holding PI insurance

• Regulatory Body: Access Canberra
• Legislation:
  • Building Act 2004 (ACT)
  • Design and Building Practitioners Act 2020 (DBP Act)
• Requirements:
  • Building Act 2004: This Act regulates building work and requires building designers to meet certain standards for designing and certifying buildings.
  • Design and Building Practitioners Act 2020 (DBP Act): This Act focuses on building practitioners, including building designers, and mandates registration and compliance declarations for specific work involving high-risk building elements​
  • Building designers are required to be registered if they are involved in certain building work or provide professional services related to the design and construction of buildings.
  • Work requiring registration:
    • Designing for Class 2-9 Buildings:
      • Building designers involved in the design of Class 2-9 buildings (e.g., multi-unit residential, commercial, and industrial buildings) are required to be registered under the DBP Act.
      • Registration is mandatory if the designer is responsible for work that affects the structural integrity, fire safety, or essential safety measures of the building
    • Compliance Declarations:
      • Designers must also be registered if they are required to sign compliance declarations related to the design and construction of building elements. These declarations are a critical part of ensuring that building designs comply with relevant building codes and regulations
    • Building work involving regulatory approval:
      • For any building work requiring building approval from Access Canberra, the designer must be registered to ensure that their work meets the standards set out in the National Construction Code (NCC) and other relevant legislation
    • In general, building designers involved in high-risk or complex construction projects are the primary group required to register under ACT’s regulatory framework
  • Building designers are required to hold professional indemnity (PI) insurance to meet specific obligations under the Building Act 2004 and the Design and Building Practitioners Act 2020 (DBP Act).
  • The Design and Building Practitioners Act 2020 stipulates that registered practitioners (including building designers) must be covered by an appropriate insurance policy.

• Regulatory Body: Building Practitioners Board (BPB)
• Legislation: Building Act 1993 (NT)
  • Building designers are not explicitly regulated under the Building Act 1993 (NT) in terms of mandatory registration. However, if their work overlaps with other regulated professions (e.g., engineers or builders), additional licensing requirements may apply, depending on the scope and nature of the project.
  • For building designers specifically, the NT does not impose a blanket requirement for registration
  • It is mandatory for building designers to hold professional indemnity (PI) insurance if they are registered under the Building Practitioners Board.
  • The minimum PI insurance requirement in the NT for registered practitioners is typically $1,000,000 for any one claim.
  • PI insurance is not mandatory for building designers who are not registered with the Building Practitioners Board (BPB)

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