Insights · Required and expected cover

Designers' liability insurance from 2026: tied to the activity, three roles

Compulsory liability insurance for designers has been in force since 15 January 2025, but from 14 January 2026 the structure of the rule has also changed: Government Decree 448/2025 (XII. 29.) amended Sections 15/F–15/L of the professional practice code, Government Decree 266/2013 (VII. 11.). The obligation is now expressly tied to actually carrying out design work, the limits follow revenue bands, and the contract must also extend to the activities of contributors and subcontractors. The notice of the Hungarian Chamber of Architects and the Építési jog (construction law) portal both stress that existing contracts must be brought into line with the new requirements. This article summarises the essence of the change from a designer's point of view.

In short:
  • From 14 January 2026 the insurance must be in place when design work begins, and the certificate of cover must be submitted to the regional chamber at that time.
  • The obligation applies separately to individual designers, sole traders and business companies – anyone who designs in several forms may need a contract for each form.
  • Across four revenue bands the minimum ranges from HUF 10 million to HUF 100 million per loss event, and the chamber checks at least once a year.

What changed on 14 January 2026?

The previous rule stated in general terms that a designer must have liability insurance. The new text, in Section 15/F(1), names precisely who is obliged: the individual designer for their own activity; the designer operating as a sole trader for their own activity and that of persons employed by them or in another work-related legal relationship with them; and the business company in the same way. In all three cases the cover must also extend to the activities of contributors and subcontractors engaged under contract to perform the design service – according to the chamber notice, this does not mean double insurance, because the subcontractor appears not as an insured but as part of the covered activity. The option for another person to take out the insurance for the designer's benefit has been abolished. In practice this means that the company's contract covers the company's activity, while an architect who also designs privately under their own name may need a contract of their own. This is where the expression “three roles” comes from: someone who designs as a natural person, as a sole trader and within a company may have as many as three contracts. Who owns the contract in a given set-up and whom it covers is worth thinking through using the logic of the policyholder–insured–injured party triangle – a separate article in the knowledge base deals with this.

The four revenue bands

Section 15/H links the minimum to annual net revenue from design, design review and designer's site supervision (net income for sole traders): for revenue of up to HUF 20 million, HUF 10 million per loss event and HUF 20 million per year; between HUF 20 and 100 million, HUF 20 and 40 million; between HUF 100 million and 1 billion, HUF 50 and 100 million; above HUF 1 billion, HUF 100 and 200 million. For a project-based contract, the same amounts apply to the duration of the project. Revenue from work falling under the Act on state construction investments can be deducted from the base. These are floors: a structural design error or a chain of water leaks affecting several flats can quickly exceed the lowest band, so designers, too, should look separately at the relationship between the statutory minimum and realistic sizing.

Chamber: certificate of cover, renewal, checks

Under Section 15/J, when starting the activity the designer submits the insurer's certificate of cover, no more than 30 days old, to the regional chamber that keeps them on its register; since the amendment, the insurer has 15 days to issue the certificate instead of the previous 8. After that, within 8 days following each policy renewal date, the chamber must be informed by sending a copy of the policy – this is the designer's own notification obligation. Under Section 15/K, the regional chamber checks that the insurance is in place as needed, but at least once a year. If it is missing, under Section 43(1)(d) of the decree the chamber prohibits the continuation of the professional activity until the contract is concluded, but for no more than six months, and also records the gap in the professional register. The article on chamber requirements gives an overall picture of how chambers set their expectations in general.

What the decree does not say, but matters most to a designer

The legislation prescribes limits and scope, but says nothing about how the cover works over time – even though with designers' claims the error often comes to light years after handover. Hungarian designers' liability insurance typically works on a claims-made basis: what matters is when the claim is made, and whether the contract covers work performed since the retroactive date. For anyone taking out a new contract or switching insurer because of the 2026 rule, the biggest risk is not the limit but losing continuity. This is covered in the key article on claims-made cover and the retroactive date, and the period after the activity ends is covered in the article on run-off cover.

Frequent question: “Do I need my own contract as an employed designer?”

If you design exclusively as an employee, in the name of the employer company, the decree expects the company's contract to extend to its employees' activities – in that case no separate contract of your own follows from the legislation. The situation is different if you also accept engagements under your own name or as a sole trader: the company's contract does not cover that activity, and since the option of another person taking out the insurance has been abolished, you need your own cover. The same logic applies to designer's site supervision and design review: you must be covered in the form in which you sign the engagement contract. If you are unsure which legal entity a given job runs under, the header of the engagement contracts is the starting point – the chamber will also compare this with the data in the register.

What should you do with your existing contract?

Three things are worth comparing with the policy: the insured activity (design, design review, designer's site supervision – in the form in which you actually carry them out), whether the subcontractor and contributor extension is in place, and the limits measured against your band. If you design both under your own name and through a company, check whether both legal entities are covered. If you let me know, I prepare the comparison of conditions and the request for the amendment or a new quote, and I coordinate the certificate of cover with the insurer; the revenue declaration, the signature and the notification to the chamber remain your own tasks. The chamber notice does not mention a separate transitional deadline for bringing contracts into line, but at the annual check the chamber already applies the new rule.

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Sources

This article is for information purposes only; it contains general information and does not constitute an offer or insurance advice. The exact content of insurance contracts is defined by the insurers' terms and conditions in force. The chamber's notification and checking rules follow the legislation in force and the regional chamber's guidance – for your own case, check with the chamber that keeps you on its register.

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