Technical Reference

37110  —  Strata Building Insurance Requirements

Strata & Body Corporate Insurance (37100)
1

Overview

Node 37110 addresses the statutory obligation imposed on owners corporations to insure the strata building to full replacement value, a mandatory requirement distinct from voluntary insurance arrangements and administered under state strata legislation. This obligation reflects the shared ownership structure of a strata scheme, under which the owners corporation, rather than individual lot owners, holds primary responsibility for building cover.

Full replacement value is assessed periodically — in many jurisdictions at defined statutory intervals — through an insurance valuation establishing the current cost to fully rebuild the insured building, which may differ materially from the building’s market value. Where a scheme’s insurance proves inadequate following a loss, the owners corporation and its committee members may face liability exposure, potentially requiring a special levy to fund the shortfall between the insurance payout and the actual cost of rebuilding.

This node is intended for owners corporations, strata managers, and valuers engaged to assess insured value, applying the general methodology addressed in node 36100 and the professional standards addressed in node 36200, where a valuation is required, to the strata building insurance context specifically.

2

Scope & Boundaries

This node addresses the statutory building insurance requirement applicable to strata schemes, including the assessment of full replacement value and the consequences of under-insurance. It does not address the scheme’s common property and liability cover, addressed in node 37120, lot owner insurance obligations, addressed in node 37130, or the strata insurance claims process, addressed in node 37140.

Scope Note

This node describes the general statutory building insurance requirement applicable to strata schemes as at the time of writing. The specific minimum cover standard and valuation frequency applicable to a given scheme should be confirmed against the applicable state strata legislation.

3

Key Concepts

Full Replacement Value
The statutory basis on which strata building insurance must generally be maintained, representing the cost to fully rebuild the insured building, distinct from market value.
Insurance Valuation
A periodic valuation, in many jurisdictions required at defined intervals, undertaken to establish the current full replacement value for strata insurance purposes.
Mandatory Minimum Cover
The statutory requirement that an owners corporation maintain building insurance, with specified minimum standards varying by state strata legislation.
Committee Liability for Under-Insurance
The exposure of an owners corporation and its committee members where the scheme’s building insurance is inadequate, potentially requiring special levies to cover a shortfall following a loss.
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 and minimum cover standards.
  • Insurance Contracts Act 1984 (Cth)
    Australian Securities and Investments Commission
    Governs the terms and conduct obligations applicable to the strata building insurance contract.
  • ANZVGN guidance notes on insurance valuation
    Australian Property Institute, in conjunction with the Property Institute of New Zealand
    Provide guidance on assessing full replacement value for strata insurance purposes.
5

Practical Application

ScenarioApplicationOutcome
A strata scheme’s insurance is due for renewalThe owners corporation commissions an insurance valuation to confirm current full replacement valueThe renewed policy reflects an accurate and statutorily compliant sum insured
A fire destroys part of an older strata building found to be under-insuredThe owners corporation identifies the shortfall between the payout and the actual rebuilding costA special levy is raised against lot owners to cover the funding gap
A newly built strata scheme registers and requires insurance from settlementThe developer or initial owners corporation arranges building insurance meeting the statutory minimum from the outsetThe scheme is compliant with its insurance obligation from day one

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