Developers and builders insurance

Explore developers and builders insurance with insights on coverage options, trends, risks, and FAQs. This page helps brokers guide their clients effectively

For more on this part of the insurance industry:
1. visit our construction insurance page for a look at all products in this sector
2. or focus in on all of the developers and builders insurance products available on IB Markets!

What is developers and builders insurance? 

Developers and builders insurance is a type of coverage designed to protect developers and builders from risks associated with construction projects. These professionals are essential to Australia's economy, driving urban development, housing, and infrastructure.  

Over time, their roles have changed to include managing complex projects and adhering to strict legal and safety standards. This insurance safeguards against potential issues such as: 

  • property damage 
  • third-party injuries 
  • professional negligence and more 

Policies like latent defects insurance (LDI) offer extended coverage for structural issues discovered after project completion to boost consumer trust. Developers and builders insurance in Australia helps maintain project stability to meet regulatory requirements and safeguard investments. 

Developers and builders insurance: industry trends and emerging risks 

Emerging trends in developers and builders insurance include Victoria’s building regulation reforms, with a new watchdog to strengthen compliance. Also, NSW has introduced decennial liability insurance (DLI), offering 10-year defect coverage for apartments.  

While these trends highlight industry progress, new risks are also surfacing, such as: 

  • inflation pressures: rising costs strain construction firms, increasing insolvencies and threatening project viability 

  • contractor collapses: major contractor failures like Probuild cause delays and financial losses for developers 

The adoption of LDI enhances consumer confidence and construction quality, driving changes in insurance policies.  

Developers and builders insurance FAQs 

Do developers need insurance? 

Developers and builders in Australia are not legally mandated to hold insurance, but having developers and builders insurance is highly recommended. 

Property development requires following council rules, handling finances, and working with many contractors and consultants. 

Who else needs developers and builders insurance coverage? 

Several other stakeholders should consider getting developers and builders insurance to protect their interests: 

  • contractors and subcontractors 
  • property owners and investors 
  • project managers and consultants 

Getting the right insurance is a smart way for everyone in construction projects to manage risks. 

What are common developers and builders insurance coverage options? 

This insurance typically includes coverage such as: 

  • contract works insurance 
  • public liability insurance 
  • professional indemnity insurance 

Latent defects insurance (LDI) and decennial liability insurance (DLI) are vital forms of developers and builders insurance. These provide long-term protection for structural issues and defects post-completion. 

What is the difference between a builder and a developer in Australia? 

Aspect 

Developer 

Builder 

Primary role 

Prepares land for construction and manages project direction 

Oversees the physical construction of buildings and structures 

Key tasks 

Zoning, permits, infrastructure, and financing 

Labour, materials, and adherence to building codes 

Developers oversee the big picture, while builders focus on execution and construction. 

What is a developer in the Home Building Act? 

A developer is defined as: 

  • the individual, partnership, or corporation on whose behalf residential building work is done 
  • particularly relevant in projects with multiple dwellings or specific accommodations like retirement villages 

Developers play a key role in defect-free construction. Legal obligations, along with developers and builders insurance, ensure quality oversight throughout a project. 

 

Is a developer liable for building defects? 

In NSW, developers are liable for building defects under the Home Building Act 1989. This Act applies to projects with four or more dwellings or retirement accommodations. Key points: 

  • statutory liability: developers must address defects under the Act 
  • high court ruling: builders and developers are fully accountable for defects, with limited defences 
  • defects liability period (DLP): contracts require contractors to fix defects within one to two years post-completion 

Other Australian states and territories have similar regulations tailored to their regions. 

Can I insure against builders going bust? 

Yes, homeowners in Australia can access state-specific insurance schemes: 

  • NSW - home building compensation: covers projects over $20,000 if builders go insolvent, die, or lose their licence 

  • VIC - domestic building insurance: protects projects over $16,000 for incomplete or defective work caused by builder insolvency or disappearance 

  • NT - Fidelity Fund: pays up to 20% of the contract price (capped at $200,000) for unfinished work due to insolvency or other issues 

How do you tell if a builder is going under?  

  • construction delays 
  • poor communication 
  • unpaid subcontractors 

Check the builder's registration status with the Australian Securities and Investments Commission (ASIC) for additional verification. Consulting a broker and securing developers and builders insurance is recommended to protect projects effectively. 

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