You don't have to run a single day of business from your building to be the one who gets sued over it.
Property owners liability insurance covers your legal liability as the owner of a commercial building, a separate policy from the business liability cover your tenant carries, and separate again from your body corporate's strata policy.
Courts can split a payout between everyone who shares responsibility. Owning the building is enough to get you named in a claim you had nothing to do with.
Not sure this is the right cover for you? See who this is for.
A visitor trips on a broken step in a shared car park. A tradesman is hurt on a common stairwell in a building that's half vacant. Nobody was running a business where it happened, but someone still has to answer for it, and the person who owns the building is always on that list. Most owners assume the tenant's public liability insurance covers this, or that the body corporate's strata policy has it handled. It doesn't work that way. Each of those policies protects the party who bought it, not the building's owner. Property owners liability insurance is the one that protects you, the owner, and weighed against what a single claim can cost, most owners decide quickly it isn't worth going without.
What does property owners liability insurance actually cover?
Quick answerProperty owners liability insurance covers your legal liability, as the owner of a commercial building, when someone is injured or their property is damaged because of something connected to owning that building: a hazard in a common area, a structural defect, a dangerous car park, an unmaintained fence line, anything that falls to the owner rather than to whoever is trading inside. It pays the compensation you're found liable for and the legal costs of defending the claim, including claims that go nowhere, and it exists as its own policy, separate from anything your tenant or your body corporate holds.
It has three edges worth knowing, because each one is a different product on this site, not a gap in this one, plus a fourth worth knowing because it isn't a different product at all.
If you also run a business from the building, that business's own trading risk, a customer hurt while dealing with your business rather than with the building itself, sits on a separate public liability policy. See Public Liability Insurance.
If your building is on a strata or body corporate title, the body corporate's own strata policy covers its liability for the common property, not your liability as an individual lot owner. See Commercial Strata Insurance.
And if you lease the building to a tenant, their public liability policy covers their business, not you, even where you're noted as an interested party on it.
There's a fourth edge, and it cuts the other way. If you already hold your own business pack policy for the letting or leasing side of what you do, rather than relying on your tenant's or the body corporate's cover, your ownership liability can already sit inside that policy's own liability section. On the business pack wordings we place, the definition of "business" used in that section is written broadly enough to include the ownership of the premises, not just whatever trades from inside them, so cover for a claim connected to owning the building can already be there, provided the schedule correctly describes that letting or ownership activity. A standalone property owners liability policy earns its keep in three situations: you hold no business pack at all and are relying on someone else's policy, the schedule on the pack you do hold doesn't actually describe your ownership or letting activity, or you're a standalone owner with no wider business pack to fold it into. Checking which of those is true for you, rather than assuming, is exactly what a cover review is for.
Consolidated Insurance Brokers recommends $20 million as the benchmark property owners liability limit, the same benchmark we use across our commercial landlord and strata clients. It isn't a legal minimum for a standalone owner the way a comparable figure is for a Queensland body corporate, it's simply the level that matches what courts, financiers and most commercial leases now expect.
Two more things worth knowing before you assume this cover is unconditional. Defending a claim costs money whether you're ultimately found liable or not, and on the liability wordings we've read in detail, those legal costs are paid on top of your liability limit, not carved out of it, so a long, expensive defence doesn't eat into the amount left to actually settle the claim. And it isn't cover for absolutely anything: on the wordings we place, it doesn't extend to a deliberate or reckless act, to injury or damage connected to a defect you already knew about and didn't disclose or fix, or to plain wear and tear and gradual deterioration left unaddressed. None of that is unusual, every liability policy works this way, it's just worth knowing before you assume the policy responds no matter what.
Why does the building's owner get named in a claim they had nothing to do with?
Quick answerBecause Australian civil liability law lets a court split an injury payout between every party who shares some responsibility for it, so an injured person's lawyers are expected to name everyone connected to where it happened, not just whoever was obviously at fault. Being the registered owner of the property is enough to be on that list. Whether you actually did anything wrong gets sorted out afterwards, between lawyers, at your expense in the meantime.
That isn't theoretical. In Loose Fit Pty Limited v Marshbaum & Ors [2011] NSWCA 372, a gym patron fell down an internal staircase at a Mosman shopping centre that had never had a handrail fitted, a defect from a renovation the building's owners had carried out years before they ever leased the space to the gym. The injured woman sued only the gym, which paid her $433,441.57. The gym then went after the building's owners for a contribution, and the NSW Court of Appeal agreed: the owners had breached their own duty of care before the tenancy even started, and were ordered to personally pay 50%, $216,720.79, years after they'd handed over the keys and moved on with their lives.
Strata and industrial building owners carry the same exposure in a different form. In SafeWork NSW v The Owners - Strata Plan No 93899 [2024] NSWDC 277, a damaged industrial gate on common property at a Berkeley, NSW strata complex was left in service after being clipped by a van. Eight days later it fell on a contractor trying to fix it and killed him. SafeWork prosecuted three separate parties, the strata managing agent, the business trading on site, and the owners corporation itself as the building's owner, which was separately convicted and fined $225,000 plus costs. The business on site being fined didn't stop the owners corporation from being fined too, and no insurance policy pays a regulatory fine itself, only the legal costs of defending against one.
Vacancy doesn't lower this risk, it usually raises it. An empty unit or a half-vacant building still has a car park, a stairwell, a fence line, and nobody using it every day to notice when a step cracks or a light goes out. The exposure sits there, unmaintained and unwatched, until someone, a contractor, a real estate agent showing the space, a trespasser, is hurt by it.
Why a property owners liability review from Consolidated Insurance Brokers is different
Many owners only think about their liability exposure once, when they first buy the building, and never again. We treat it as a standing check, not a one-off box tick. Every time we review a commercial property owner's cover, we confirm the property owners liability policy is actually in place, named to the exact entity that holds the title, trust, company or individual, and sitting at a limit that matches what a court would actually expect today, not what felt like enough a decade ago.
The gap is usually not a missing policy, it is a misplaced assumption. Owners tell us they're covered because their tenant carries public liability, or because the body corporate has a strata policy. What they don't know is that a lawyer acting for someone injured on the property will run a title search, identify the registered owner, and serve them directly, regardless of what any other policy on the building says. We'd rather have that conversation with you before it happens than have you find out from a solicitor's letter.
That's the whole difference. Not a cheaper number. A cover check that starts from who can actually be named in a claim, not from who you assumed already had it handled.
Who actually needs property owners liability insurance
Quick answerAnyone who owns a commercial building, or a commercial lot within one, whether or not a single day of business is run out of it themselves. In practice that looks different by situation:
- Commercial landlords leasing a building to a business tenant, where the tenant's public liability policy protects the tenant, not you. See Commercial Landlords Insurance and For Commercial Property Owners.
- Strata and body corporate lot owners, commercial or mixed-use, where the body corporate's own policy covers the common property, not your liability as the individual owner of your lot. See Commercial Strata Insurance.
- Business owner-occupiers who run their own business from part of a building and lease out the rest, where the part you occupy sits on public liability and the part you lease out sits on this policy. See For Business Owner-Occupiers.
- Industrial building owners, including multi-tenant industrial and warehouse complexes, where common areas, driveways and shared plant carry the same owner-level exposure as any other commercial title. See Industrial Building Insurance.
- Owners of vacant or partly vacant commercial property, where nobody trading on site means nobody noticing the hazard first.
If you're the one trading from the premises rather than the one who owns it, your exposure runs through a different policy. See Public Liability Insurance and For Business Owner Tenants.
The mistakes that cost property owners money at claim time
"My tenant has public liability insurance, so I'm covered." Their policy protects their business from claims against them. It does nothing for a claim made against you, and if their cover has lapsed, was never adequate, or excludes the specific incident, the claim still lands on your desk as the owner. This is the same gap the FAQ below answers in full under "Doesn't my tenant's insurance protect me as the landlord?"
"The body corporate's strata policy has this covered." It covers the body corporate's own liability for the common property, not your liability as an individual lot owner. If someone is hurt inside your lot, or a claim arises from something you as the owner were responsible for, the strata insurer's obligation runs to the body corporate, not to you. See the FAQ below, "Doesn't the strata insurance cover me as a lot owner?"
"The policy is in my own name, that's close enough." If the building is actually owned by a trust or a company, a policy sitting in a director's personal name instead of the owning entity can leave the real title-holder unprotected when a claim names them specifically. Get the named insured right; see Commercial Building Insurance for the full explanation of why the entity on the policy has to match the entity on the title.
"I sold the building, so I'm out of it." Not necessarily. Loose Fit Pty Limited v Marshbaum & Ors [2011] NSWCA 372 shows a building's former owners personally paying $216,720.79 years after they'd leased out and moved on, for a hazard created while they owned it. A liability exposure can outlast the ownership or leasing arrangement that created it.
"My limit was fine when I bought the building." A limit set years ago rarely gets revisited until a claim, a lease, or a financier forces the question. If your policy still shows a figure well under the $20 million benchmark most courts, financiers and leases now expect, that's worth checking before someone else checks it for you.
Property Owners Liability Insurance Australia: your questions answered
What is property owners liability insurance?
Why do I need separate property owners liability cover?
Doesn't the strata insurance cover me as a lot owner?
Doesn't my tenant's insurance protect me as the landlord?
What does this look like in a real claim?
How much property owners liability cover do I actually need?
Does my commercial building insurance already include property owners liability?
If a regulator fines the owner over a safety failure, does property owners liability pay that fine?
Is property owners insurance the same as property owners liability insurance?
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The information on this page is general in nature and does not take into account your objectives, financial situation or needs. Before acting on it, consider whether it is appropriate for your circumstances. Where the information relates to a particular insurance product, consider the relevant Product Disclosure Statement before making a decision.
Last reviewed: 29/07/2026
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