According to the NT Government’s fidelity fund certificate guidance, owners can claim listed rectification costs for non-structural defects in the first year after completion and structural defects for six years after completion (figures checked 1 October 2026). The Department of Lands, Planning and Environment’s announcement, published 26 March 2026, confirms that amendments which commenced on 30 March 2026 allow claims within 90 days of either becoming aware of a defect or a trigger event occurring, and apply only to certificates issued after 30 March 2026. Access is conditional: the listed cover is available if the builder becomes bankrupt, dies, disappears or has their registration cancelled by the Building Practitioners Board.
Does the six-year cover period give you six years to make a claim?
No. The six-year period concerns rectification of structural defects after completion; it is separate from the deadline for lodging a claim.
| Type of defect | Listed cover | Period after completion |
|---|---|---|
| Non-structural defect | Costs of rectifying the defect | First year |
| Structural defect | Costs of rectifying the defect | Six years |
The published guidance does not provide a technical test for deciding whether a particular defect is structural or non-structural. If that classification is disputed, check the certificate terms and ask Fidelity Fund NT rather than assuming.
The six-year structural period should also not be treated as permission to wait until the end of that period before making a claim. For a certificate issued after 30 March 2026, the separate 90-day claim rule may apply from the date the owner becomes aware of the defect.
Which builder events trigger access to the fund?
The NT Government links access to the listed costs to these builder events:
- The builder becomes bankrupt.
- The builder dies.
- The builder disappears.
- The Building Practitioners Board cancels the builder’s registration.
If the builder has not died, disappeared, become insolvent or been deregistered, the regulator’s guidance says a fidelity fund claim cannot be made. A defect by itself does not remove the need for a qualifying builder event.
Listed costs for non-completion can include the cost of transitioning to a new builder to complete the work. The reforms commencing on 30 March 2026 also recognise any approved extension to a building permit when determining the non-completion cover timeframe.
Owner-builder cover is intended to protect future owners. It is available only after the property is sold or transferred and the relevant insolvency, death, disappearance or deregistration event occurs.
When does the 90-day claim clock start?
The amended wording gives the following deadlines:
| Starting point identified in the reforms | Claim deadline |
|---|---|
| Becoming aware of a defect | Within 90 days |
| A trigger event occurring | Within 90 days |
The 90 days run from the relevant awareness or trigger-event date, not simply from completion of the building. If those dates differ, use the exact wording in the certificate and obtain advice rather than choosing a date without support.
For certificates within the reforms, the practical sequence is:
- Check the certificate’s issue date against 30 March 2026.
- Identify whether the builder has experienced a qualifying event.
- Record when the defect became known and when any trigger event occurred.
- Contact Fidelity Fund NT promptly on (08) 8922 9680 or info@fidelityfundnt.com.au.
- Do not assume an extension: the cited regulator material does not state one.
Does the 90-day rule apply to an earlier certificate?
No. The Department of Lands, Planning and Environment says the amendments were not applied retrospectively and apply only to certificates issued after 30 March 2026.
Retrospective application was not adopted because it could change the liability attaching to issued certificates for future claims and affect the financial position of Fidelity Fund NT. An earlier certificate may still provide cover, but the new 90-day amendment cannot be assumed to apply to it. Check that certificate’s terms with Fidelity Fund NT and the regulator.
The change also increased the minimum prescribed value:
| Threshold | Previous amount | Amended amount |
|---|---|---|
| Minimum prescribed value triggering a fidelity certificate requirement | $12,000 | $25,000 |
Which residential work requires a certificate?
The NT Government’s prescribed-work guidance includes the following positions:
| Work | Fidelity certificate position |
|---|---|
| House | Needed |
| Duplex or townhouse | Needed |
| Flats less than three storeys, excluding undercroft or underground parking levels | Needed |
| Additions or extensions that increase floor area | Needed when the work is over $25,000 |
| Prefabricated house | Not needed |
| Garden sheds and fences | Not needed |
| Bathroom renovation on its own | Not needed unless completed with other work to a building that requires a certificate |
Residential building cover does not extend to commercial buildings, transportable buildings or government contracts.
Builders must obtain a certificate for every job containing prescribed residential building work. It must be in place before obtaining the building permit and before demanding payment from the owner.
This is general information, not financial or legal advice. Before relying on a cover period or deadline, check the NT Government regulator page and your policy’s PDS for the terms that apply to your certificate.
Sources
- NT Government — Fidelity fund certificate
- Department of Lands, Planning and Environment — Lower compliance costs and stronger building protections
FAQ
Does the six-year structural period give me six years to lodge a claim?
No. Six years is the listed rectification period for structural defects after completion. For certificates subject to the amendments, a claim must be made within 90 days of becoming aware of the defect or a trigger event occurring.
Does the 90-day rule apply to a certificate issued before 30 March 2026?
The amendments are not retrospective. They apply only to certificates issued after 30 March 2026, so an earlier certificate must be checked under its own terms.
Can I make a claim while the builder remains active?
The NT Government says a fidelity fund claim cannot be made unless the builder has died, disappeared, become insolvent or been deregistered. The listed cover is therefore conditional on a qualifying event.
Does every bathroom renovation require a certificate?
No. A bathroom renovation does not require one on its own unless it is completed with other work to a building that requires a fidelity fund certificate.
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