Under reforms commenced on 30 March 2026, the 90-day claim window applies only to fidelity fund certificates issued after that date, according to NT Government guidance (figures checked 1 October 2026). The Department of Lands, Planning and Environment announced on 26 March 2026 that claims may be made within 90 days of either becoming aware of a defect or a trigger event occurring; separately, the amended non-completion cover timeframe recognises any approved extension to a building permit.
Does the 90-day window apply to every NT fidelity certificate?
No. The certificate issue date determines whether the amendment applies.
| Certificate issue date | Effect of the amendment |
|---|---|
| After 30 March 2026 | The 90-day claim window applies. |
| On or before 30 March 2026 | The amendment does not apply. The cited official material does not state the previous claim deadline. |
The amendments were not applied retrospectively because doing so could change the liability of existing certificates for future claims and affect the financial position of the Fidelity Fund NT.
When does the 90-day period start?
The official wording identifies different starting points depending on the circumstances:
| Situation | Starting point |
|---|---|
| A defect becomes known | The period runs from when you become aware of the defect. |
| A trigger event occurs | The period runs from when the trigger event occurs. |
Keep a clear record of when the defect became known and, where relevant, when the trigger event occurred. Do not assume that every defect follows the same reporting route.
The cited official material does not define “trigger event”. Check the current regulator guidance and the documents applying to the certificate rather than assigning the term a meaning that may not fit the circumstances.
Can every defect be claimed through the Fidelity Fund?
No. The NT Government separately states that a fidelity fund claim cannot be made if the builder has not:
- died;
- disappeared;
- become insolvent; or
- been deregistered.
A defect or the presence of a fidelity fund certificate does not by itself establish that a claim is available. These circumstances are eligibility requirements, not a guarantee that every claimed cost will be covered.
Does an approved building-permit extension change the claim deadline?
No. The approved extension and the 90-day claim window are separate changes.
| Rule | What changed |
|---|---|
| Claim reporting | A claim may be made within 90 days of awareness of a defect or the occurrence of a trigger event. |
| Non-completion cover | The amended timeframe recognises any approved extension to a building permit. |
The reform increased the timeframe for non-completion cover, but the official update does not provide a standard extension length or calculation method. Check the approved permit variation, the certificate and the applicable policy documents before relying on the extra time.
What should a chippy check before acting?
- Certificate issue date: Confirm whether it was issued after 30 March 2026.
- Relevant dates: Record when the defect became known and when any trigger event occurred.
- Builder status: Check whether the statutory circumstances for a fidelity fund claim are present.
- Building permit: Look for any approved extension relevant to non-completion cover.
- Current documents: Review the current NT Government page, the certificate and any applicable policy PDS.
- Unclear circumstances: Contact Fidelity Fund NT rather than assuming a deadline or coverage outcome.
This is general information, not financial or legal advice. Check the regulator page and your policy’s PDS before making a claim.
Sources
- Fidelity fund certificate | NT Government — current guidance; figures checked 1 October 2026.
- Lower compliance costs and stronger building protections | Department of Lands, Planning and Environment — published 26 March 2026.
FAQ
Does the 90-day rule apply to a certificate issued on 30 March 2026?
No. The amendments apply only to fidelity fund certificates issued after 30 March 2026.
Does the 90-day period run from completion of the building?
The cited rule identifies awareness of a defect or the occurrence of a trigger event as the relevant starting points. It does not state that the period runs from completion.
What is a trigger event?
The cited official material does not define the term. Check the current regulator guidance and the documents governing the certificate for the circumstances relevant to the claim.
Does an approved building-permit extension add time to the 90-day claim window?
No. Recognising an approved permit extension relates to the timeframe for non-completion cover, not the separate 90-day claim-reporting period.
Can a claim be made solely because a defect has appeared?
No. The NT Government states that a fidelity fund claim cannot be made unless the builder has died, disappeared, become insolvent or been deregistered.
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