What the law requires of property developers:
1. Development Consent
2. Building Bond or LDI
3. Off-the-Plan Disclosure
Before work begins, most developments need consent from the relevant council or planning authority, along with any conditions attached to that approval.
In NSW, developers of residential buildings four storeys or more must lodge a building bond under the Strata Building Bond and Inspections Scheme, or arrange approved Latent Defects Insurance as an alternative for eligible buildings.
Selling before completion means preparing a compliant disclosure statement and notifying buyers of material changes, with rules varying by state and new bond regimes emerging, including Victoria's from July 2026.
Quantity Surveyors Insurance
Insurance built around the professional risks faced by quantity surveyors.
We understand the liability that comes with every report, certificate and opinion you put your name to.
Inspection & Certification Specialists
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Decades of insurance expertise across residential and commercial projects.
35+ Years
Experience
Local claims advocacy and guidance when you need it most.
Claims
Support
Insurance programs built around your registration category, role and the buildings you assess.
Tailored
Cover
As a building consultant, your liability sits in every report, certificate or opinion you put your name to. A missed defect in a pre-purchase inspection, an occupancy certificate issued on a building that later proves non-compliant, or a boundary error in a survey can trigger a claim years after the job is done, often once a client, buyer or lender has already relied on it. Professional indemnity is compulsory for a reason: your exposure isn't the physical building, it's the accuracy of what you signed off on.
Ferguson Brown specialises in the construction, property and development sectors, so we understand the registration requirements building surveyors, certifiers, inspectors and quantity surveyors work under, and how liability follows a report long after the inspection or certification is complete.
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Missed defects in inspection reports
The risk builders face everyday:
Builder or contractor insolvency
Post-completion defects
Joint venture & title risk
Council conditions, objections or rezoning issues can stall a project and blow out holding costs.
Signing off on work that later proves non-compliant, including cladding or fire safety issues, can trigger regulatory and civil claims.
Structural or waterproofing defects can surface years after handover, well after the builder has moved on.
Disputes between JV partners or issues uncovered during due diligence can threaten a project's viability.
An inaccurate survey or quantity estimate can cause costly disputes between neighbouring owners or project stakeholders.
Non-compliant certification
Other insurance requirements for builders:
Latent Defects Insurance
Protects the finished building against structural and waterproofing defects for up to 10 years after completion, and can satisfy the NSW building bond alternative for eligible buildings.
Contract
Works
Covers physical loss or damage to the works, materials and plant on site, from fire and weather through to theft, before the project is handed over.
Professional
Indemnity
Covers claims arising from development management decisions or advice given to purchasers, financiers or joint venture partners.
Public & Products Liability
For third-party injury or property damage arising from the site, sales suite or display homes, usually required by councils and financiers.
Home Building Compensation
Required wherever residential building work over $20,000 is being carried out under contract, before any money, including a deposit, is taken.
Learn more
Strata Insurance
Covers the common property of a strata scheme from registration until the owners corporation arranges its own cover.
Management
Liability
Protects the directors and officers of the development company against claims relating to insolvency, mismanagement or breach of duty.
Cyber
Protection
Essential where buyer deposits, personal information and contracts are handled digitally through sales and settlement.
