Safeguards against unforeseen structural complexities.
Expected to be mandated for new builds in NSW by 2028.
Latent Defects Insurance (LDI) is a first resort, strict liability policy that covers physical loss or damage to a completed building caused by defects in design, materials or workmanship in the building’s structural elements and envelope after completion. First resort means the trigger for the claim is the identification of a defect itself.
A claim can be made by the insured directly with the insurer (Resilience Insurance) without the need to engage experts or bring about any legal action to make a claim. Strict liability essentially means the insurer will respond in the first instance to defects and items of claim. This will save owners significantly, where they no longer need to bring legal action, which is both expensive and will take time.
Latent Defects Insurance provides cover to the property owner for 10 years from the date of the Occupancy Certificate. It must be obtained by the Developer and/or Builder prior to starting construction. It provides the longest coverage for Latent Defects in Australia, coupled with the surety of audit and inspection by accredited independent experts throughout construction.
Latent Defects Insurance provides comprehensive protection for property owners, investors, builders, and developers via a pre-purchased, first-resort, strict liability policy for building defects.
Compulsory covers
Building structure, envelope and waterproofing
Covering physical loss or damage to a completed building caused by defects in design, materials and workmanship in the building’s structural elements, envelope or waterproofing post-completion.
Additional reinstatement fees, alternate accommodation, removal of debris
Ensuring a holistic solution should a claim arise, Latent Defects Insurance cover safeguards owners from any unforeseen or additional costs associated with repairing latent structural defects.
Compulsory requirements
Pre-construction review
Pre-construction review Assessing the design of the building & all associated parties.
Technical Inspection Service (TIS)
Mandatory, independent third-party oversight through design and the construction process, highlighting any potential high-risk items and ensuring they are closed out prior to occupancy.
Technical Inspection Service (TIS) is a performance control monitor to add a layer of quality assurance, which ensures the building is built to the appropriate standards and complies with design and engineering specifications, and the quality testing of construction material is adequate.
The Technical Inspection service (TIS) is a mandatory requirement of LDI. The purpose of this third-party review is to ensure a structure is built to the appropriate building codes and standards and is compliant with design and engineering specifications. As a third-party review, the technical inspection service is paid for in addition to the premium paid for Latent Defects Insurance.
The Technical Inspection Service begins with a review for design risk, highlighting any potential issues before construction and allowing amendments to be made prior to works commencing. Following on from this, regular inspections and reviews are made throughout construction to ensure it is being built as designed and highlighting any potential issues that may arise so they may be addressed prior to completion.
An in-depth review of all plans and designs, combined with regular inspections, provides a level of quality assurance to both the insurer and all subsequent owners of the insured building.
Purchasing Latent Defects Insurance transcends risk management, offering stakeholders (developers, builders, investors and consumers) a pathway to peace of mind, quality assurance, and early defect rectification. Latent Defects Insurance is recommended for mid-to-large-scale commercial, industrial and domestic builders.
Get in touch with a Latent Defects Insurance specialist today.