Latent Defects Insurance 101: How off the plan developers and buyers both benefit from Resilience Insurance LDI

Latent Defects Insurance (LDI) is a game-changer for anyone looking to purchase a brand-new or off-the-plan apartment in Australia. This insurance policy, which can only be taken out by developers or builders (not individual apartment owners), offers a 10-year warranty on new apartments. It covers the cost of fixing any structural defects that may arise in the building.

So far, LDI has seen strong adoption from developers, with companies like Deicorp, DASCO, and Urban Property Group using it to provide their buyers with added peace of mind when purchasing off-the-plan properties.

I recently had the opportunity to sit down with Corey Nugent, CEO of Resilience Insurance—Australia’s only provider of LDI policies—to discuss the ins and outs of the important coverage.

How has Latent Defects Insurance (LDI) been received since its introduction in Australia?

Latent Defects Insurance is a crucial component for the future of Australia’s built environment.

Also known as Decennial Liability Insurance, LDI has been part of the new development landscape in Europe and other regions for over seven decades. In countries like France, Italy, Spain and Finland, it is mandatory for all new buildings—whether residential or commercial—to carry LDI coverage.

Since its rollout in Australia, LDI has been very well received by developers, lenders providing financing to those developers, and most importantly, by buyers. It has quickly become an essential tool in building trust and ensuring long-term security for all parties involved.

What happens when the building is completed?

Once the building is complete, buyers move in, and LDI is applied to their apartment, as well as the entire building structure, for a period of 10 years. This coverage not only offers peace of mind but can also increase the resale value of the property. Importantly, the policy stays with the apartment, not the owner.

So, if an off the plan buyer decides to sell within the first 10 years, the remaining coverage is transferred to the new owner.

How does LDI benefit developers?

Developers see several key benefits from Latent Defects Insurance. The most obvious is that it makes their project more attractive compared to others that don’t offer LDI. Many buyers are willing to pay more for the assurance that comes with LDI, and developers often see faster sales as a result. Research, including studies by Urban, shows that over 60 per cent of buyers are willing to pay an additional 1.5 per cent for LDI coverage. This premium often more than covers the cost of the policy for the developer.

Typically, developers pay about 1.5 per cent of the build cost for the policy. However, if they can secure a higher sale price on their apartments due to the added value of LDI, they end up profiting. Another benefit is the added appeal LDI gives to a development, positioning it as a more secure investment for potential buyers.

Finally, LDI provides developers with an extra layer of protection through the Technical Inspection Service (TIS). This third-party oversight ensures quality control throughout the build, which could otherwise cost developers hundreds of thousands of dollars in additional personnel. The TIS helps catch potential issues early, preventing future liabilities.

While the insurance is designed to protect the buyer, it also safeguards the developer. Should any structural, waterproofing, weatherproofing or MEPS (mechanical, electrical or plumbing systems) issues arise, the developer is covered for out-of-pocket costs. Developers understand the importance of completing projects smoothly and moving on to the next one without lingering problems. Given the large number of trades involved in constructing new buildings, LDI offers significant peace of mind.

How does LDI benefit buyers?

In Sydney, past incidents like the Mascot and Opal Towers issues have left many buyers wary of off the plan purchases. While these events occurred over six years ago, they still impact buyer confidence today. However, the new development market is much stronger now, with stricter checks and regulations in place. Ultimately, Latent Defects Insurance provides protection for all parties.

In rare extreme cases, where residents may need to vacate due to major defects, LDI offers first-right protection, ensuring buyers are financially covered. Thanks to the continuous inspections carried out by TIS throughout the construction process, such situations are unlikely to occur, but LDI is there as a safety net if they do.