Technical Reference

37100  —  Strata & Body Corporate Insurance

Components: 4 · Property & Casualty Insurance (Technical) (37000)
1

Overview

Node 37100 addresses insurance arrangements specific to strata and community title schemes in Australia — a mandatory and distinctive feature of strata living given the shared ownership of common property and the owners corporation’s statutory responsibility for insuring the building. Strata insurance differs from conventional homeowner insurance in that the owners corporation, rather than the individual lot owner, generally holds primary responsibility for building cover.

The series is organised into four sub-series, each addressed in a subordinate node: statutory strata building insurance requirements, covering the owners corporation’s obligation to insure the building to full replacement value; common property and liability cover, covering damage to shared property and the scheme’s liability exposure; lot owner insurance obligations, covering the insurance responsibilities that remain with the individual lot owner; and the strata insurance claims process, covering how claims are notified, progressed, and resolved under the scheme’s policy.

This node serves as a navigational and definitional entry point for parties requiring an understanding of strata and body corporate insurance, directing the reader to the more detailed subordinate node addressing each component.

2

Scope & Boundaries

This node addresses the structure of the strata and body corporate insurance sub-series and the general division of insurance responsibility between an owners corporation and individual lot owners. It does not itself set out general property insurance principles applicable outside the strata context, addressed elsewhere in this series.

It does not address strata governance or owners corporation decision-making generally, which is addressed in APN’s separate property management content.

Scope Note

This node provides a structural overview of the strata and body corporate insurance sub-series as at the time of writing. The specific insurance obligation and cover applicable to a given scheme should be confirmed against the scheme’s policy document and the applicable state strata legislation.

3

Key Concepts

Statutory Building Insurance Requirement
The obligation, imposed under state strata legislation, on an owners corporation to maintain insurance over the strata scheme’s building to full replacement value, addressed in node 37110.
Common Property and Liability Cover
Insurance protecting the scheme’s shared common property and the owners corporation’s liability to third parties injured on common property, addressed in node 37120.
Lot Owner Insurance Obligations
The insurance responsibilities of an individual lot owner, distinct from the scheme’s building insurance, typically covering contents and internal lot improvements, addressed in node 37130.
Strata Insurance Claims Process
The process by which an owners corporation or lot owner notifies, progresses, and resolves a claim under the scheme’s insurance policy, addressed in node 37140.
4

Regulatory & Legal Framework

  • Strata Schemes Management Act (state-based, for example the Strata Schemes Management Act 2015 (NSW) and equivalent legislation in other states)
    Relevant state strata regulator
    Imposes the statutory building insurance obligation on owners corporations.
  • Insurance Contracts Act 1984 (Cth)
    Australian Securities and Investments Commission
    Governs the terms and conduct obligations applicable to strata insurance contracts.
  • Corporations Act 2001 (Cth)
    Australian Securities and Investments Commission
    Regulates insurers and intermediaries providing strata insurance products.
5

Practical Application

ScenarioApplicationOutcome
A newly registered strata scheme arranges its first building insurance policyThe owners corporation obtains a policy meeting the statutory full replacement value requirementThe scheme satisfies its statutory insurance obligation from registration
A visitor is injured on common property stairsThe owners corporation’s liability cover responds to the third-party claimThe scheme’s common property liability exposure is managed under its insurance policy
A lot owner’s internal fitout is damaged by a burst pipeThe lot owner relies on their own contents and improvements policy rather than the scheme’s building coverThe loss is addressed under the appropriate policy according to the insurance responsibility split

Findings are presented on the basis of data and evidence alone.