5.8 PROFESSIONAL INDEMNITY INSURANCE REQUIREMENTS67 Table 72 Professional indemnity insurance requirements for Architects Region
Country
Professional Indemnity Insurance
Period of liability and regulation
mandatory?
Africa
Asia
Caribbean & Americas
Europe
Other Pacific
Botswana
Y
Depends on contract format selected for project 5-6 years
Gambia, The
N
-
Ghana
N
none
Kenya
Y
Up until the completion of building works
Mauritius
Y
10 years
Namibia
N
-
Nigeria
Y
Five years
Rwanda
Y
The period of liability is 10 years for architects and for most of practitioners in the built industry It is regulated by the Rwanda Building Code and reinforced by: -The Ministry of infrastructure (MININFRA) and -Rwanda Housing Authority (RHA)
South Africa
N
5 years - It is limited by Agreement in Writing.
Uganda
Y
It is regulated by the Architecture Registration Board for a period of 1 year. The ARB ensures that all practicing architects get registered. It should cover all the practicing professions in the company.
Zambia
N
-
Bangladesh
N
-
India
N
Not Applicable
Malaysia
N
-
Pakistan
N
-
Singapore
Y
-
Sri Lanka
N
Not Applicable.
Antigua and Barbuda
N
The new Architects (Professions) Act 2018 makes Professional Indemnity Insurance mandatory. We anticipate that this law will take effect very soon
Canada
Y
Varies by province
Dominica
N
-
Trinidad & T.
N
N.A.
Cyprus
N
Malta
N
15 years and regulated in the Civil Code of the Laws of Malta.
United Kingdom
Y
6 years for ordinary contracts (5 years in Scotland) 12 years for secured contracts (20 years in Scotland) counted from the appearance of damage
Hong Kong SAR
Y
By services agreement and civil law
Australia
Y
regulated by jurisdictions - varies with each
Fiji
N
-
New Zealand
N
10 - 15 years
67 Professional indemnity insurance is intended to protect all parties
in the event of failure yet is only required by 40% of architectural institutes (an increase from 27% in the 2017 survey). It is understood that Ghana and Malta are in the process of implementing a programme of mandatory insurance. It should be noted that both the RIBA (UK) and RAIA (Australia) offer insurance products to their members thereby creating both a benefit for members and an income stream for the institute.
96
BACK TO TABLE OF CONTENTS
Planning for climate change and rapid urbanisation