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Does Standalone Landscaping in Western Australia Require Home Indemnity Insurance?

·8 min read

No—the WA Government’s 20 May 2025 guidance says home indemnity insurance (HII) is not required for associated work performed alone under a separate contract, including landscaping. If landscaping forms part of the main residential building project, that exception does not apply: residential building work valued over $20,000 must be covered by HII. The distinction therefore turns on the work’s role and the contracting structure.

Figures checked 1 October 2026.

When does the standalone landscaping exception apply?

The guidance identifies three connected conditions:

ConditionApplication to landscaping
Associated workLandscaping is expressly given as an example
Performed aloneThe landscaping is not being performed as part of the main residential building project
Separate contractThe landscaping work is covered by a contract separate from the main residential building work

All three elements matter. Calling a job “landscaping” does not by itself establish the exception, and the guidance does not set a separate dollar limit for landscaping carried out under this exception.

The structure of the actual work and contract is more useful than the invoice description. If landscaping is simply one component of the main home-building project, it has not been “performed alone under a separate contract”.

What changes if landscaping forms part of the main home project?

The two arrangements have different HII positions:

Work arrangementPosition under the WA Government guidance
Associated landscaping performed alone under a separate contractHII is not required
Landscaping forming part of the main residential building projectThe separate-work exception is unavailable; residential building work valued over $20,000 must be covered by HII

This is why the contracting structure matters. The exception is tied to work being associated, performed alone and contracted for separately. It is not a general exemption for every gardening, paving or outdoor project.

For a mixed project involving both home building and landscaping, the announcement does not provide a method for allocating the project value between the components. If the scope, value or contractual separation is unclear, check the position with Building and Energy rather than assuming that the landscaping component is exempt.

What must a builder do when HII is required?

For residential building work valued over $20,000, the guidance sets these requirements:

TimingRequired action
Before the home building contract is signed or a deposit is paidGive the owners a copy of the “Notice for the homeowner”, Schedule 1 of the Home Building Contracts Regulations 1992
Before claiming payment or commencing work under the contractObtain an HII certificate for the proposed work
After obtaining the certificateProvide a copy to the owner
During the building approval processProvide a copy to the permit authority

A builder who fails to obtain required HII risks substantial penalties and disciplinary proceedings.

The permit authority must check that the certificate is watermarked, was issued by QBE and matches QBE’s records in the Builders Warranty Insurance Certificate Register. An HII eligibility certificate or a construction/public liability insurance certificate cannot be supplied instead of the HII certificate.

What does HII protect owners against?

HII protects owners against the risk of losing a deposit or suffering other financial loss if the builder cannot complete the work or meet a valid claim for faulty or unsatisfactory building work because of a relevant circumstance concerning the builder.

Relevant circumstances include:

That is a defined protection rather than a promise that every concern with finished work will be covered. The separate-contract landscaping exception only answers whether HII is required; it does not determine whether construction, public liability or another type of insurance is appropriate.

Where can the HII position be checked?

Building and Energy can advise of approved HII providers. The separate-contract position should also be kept distinct from a statutory exemption: if a builder is relying on an exemption under the Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002 and is uncertain whether it applies, the guidance says to check with Building and Energy.

For general HII information, Building and Energy lists:

This is general information, not financial or legal advice. Check the current WA Government or Building and Energy information and the relevant policy’s Product Disclosure Statement before relying on an HII requirement, exemption or coverage decision.

Sources

FAQ

Is all landscaping exempt from HII in Western Australia?

No. The stated exception applies to associated landscaping performed alone under a separate contract. Landscaping forming part of the main residential building project does not meet that description.

Does a separate landscaping contract require HII when the work is valued over $20,000?

The guidance states that HII is not required for associated landscaping performed alone under a separate contract and does not attach a separate dollar limit to that exception. If the landscaping forms part of the main residential building project, the rule for residential building work valued over $20,000 applies instead.

Does construction or public liability insurance replace HII?

No. The guidance says a permit authority must not accept an HII eligibility certificate or a construction/public liability insurance certificate instead of the required HII certificate.

What if it is unclear whether the landscaping contract is separate?

Review the scope and contracting structure first. If the project is mixed or an exemption is being claimed under the Home Building Contracts (Home Indemnity Insurance Exemptions) Regulations 2002, seek confirmation from Building and Energy before treating the work as exempt.

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