DLI vs building bond: What developers and committees get wrong about building defects

Understanding decennial liability insurance (DLI) and the strata building bond in practice

Developers and owners corporations are increasingly navigating two overlapping concepts, decennial liability insurance, often referred to as DLI, and the strata building bond and inspections scheme.

While both are designed to address building defects, they do so in fundamentally different ways and over very different time frames. In practice, this distinction often becomes less clear after handover, when stakeholders begin relying on these frameworks to manage defects.

At this point, differences in how and when each mechanism applies can lead to diverging expectations. For developers, this can lead to difficult conversations with committees and owners. For committees, it can create uncertainty around what is covered, when it applies, and who is responsible.

This article clarifies how each framework operates in practice, what they are intended to cover, and why they are often mistakenly treated as interchangeable when they are not:

What the building bond covers and when it runs out

The strata building bond and inspections scheme (SBBIS) is a structured NSW Government process designed to support early defect identification and rectification. At its core, the building bond is a financial safeguard lodged before an occupation certificate is issued. It is typically set at 2 per cent of the contract price and holds funds that may be used if defects are identified and not rectified. Understanding how this process operates in practice helps clarify what the bond is designed to do and, just as importantly, what it is not intended to cover.

How the process unfolds
The scheme follows a defined inspection timeline:
  • A building inspector is appointed within 12 months of completion.
  • An interim inspection is carried out between 15 and 18 months.
  • A final inspection is completed between 21 and 24 months.

If defects remain at the final inspection stage, the bond may be used to fund rectification works.

What this means in practice
Rather than acting as ongoing protection, the building bond functions as:
  • A short-term defect resolution pathway.
  • A structured, inspection-led process.
  • A mechanism that typically concludes within 2 to 3 years of completion.

This distinction is important, as post-handover assumptions often treat the bond as a longer-term safety net than it is designed to be.

PICA Group tip: Why early engagement matters

Early engagement with the inspection process can help reduce reliance on the bond and support faster resolution of identified defects.

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What DLI covers and how long it applies

While the building bond focuses on early-stage defect resolution, DLI takes a longer-term, insurance-based approach to defect risk. This is where the distinction between the two frameworks becomes more pronounced.

According to the NSW Government, DLI is being explored as a model that could cover serious defects in critical building elements for up to 10 years from first occupation.

What DLI is designed to cover

DLI is intended to focus on higher-risk elements of a building, including:
  • Structural components.
  • Fire safety systems.
  • Waterproofing.

It is positioned as an insurance of first resort, meaning a claim could potentially be made when a defect is identified, rather than waiting for a scheduled inspection.

There are several key differences compared to the building bond:

  • The policy is taken out before occupation.
  • It attaches to the building, rather than a single owner.
  • It applies across successive owners over the policy period.
At the time of writing, DLI:
  • Remains an emerging or proposed model in NSW.
  • Has been considered as either:
    • A replacement for the building bond, or
    • An alternative option.

This evolving status contributes to some of the confusion in market conversations.

Why are these frameworks often confused?

Given that both frameworks relate to building defects, it is easy to see why they are often discussed interchangeably. However, the overlap is more perceived than practical. The confusion between DLI and the building bond typically comes down to one core issue: both relate to defects, but they operate at different points in the building lifecycle.


Different roles across the lifecycle

  • The building bond is front-loaded, focused on identifying and resolving defects early through a structured process.
  • DLI, by contrast, is designed to respond over time, particularly for serious defects that emerge later.


Why are they often mistaken for substitutes?

This confusion is often driven by:
  • Overlapping language around defect coverage.
  • Policy discussions around replacing or supplementing the bond.
  • A lack of clear explanation at handover.

In practice, they are better understood as different tools addressing different risks, rather than interchangeable solutions.

Where misconceptions emerge after handover

It is typically not until responsibility begins to shift that these differences become more apparent in practice. This often occurs after the first AGM, when committees begin engaging directly with building issues and misunderstandings become more visible.

Common assumptions that drive disputes

  • The belief that the building bond covers all defects for an extended period.
  • The expectation that insurance will respond to all types of building issues.
  • The perception that responsibility ends once the bond process concludes.
  • The bond is tied to a defined inspection window, not an ongoing protection mechanism.
  • DLI, where applicable, is intended for serious defects in critical elements, not general building issues.
  • Responsibility can still be a point of discussion beyond the bond, particularly where expectations have not been clearly set.

These gaps are rarely about the frameworks themselves. More often, they reflect how they are introduced, explained, and understood during the handover process.


A common post-handover scenario

To illustrate how this can play out, consider a newly completed apartment building entering its second year after occupation.

During the interim inspection period, several waterproofing defects have been identified. Some have been addressed, while others are still being monitored. At the same time, the owners corporation begins noticing minor issues such as cracking and general wear in common areas.

From the committee’s perspective, there may be an expectation that all these concerns fall under the same form of protection. Questions often arise about whether the building bond should be used or whether a longer-term mechanism, such as DLI, should be used instead.

From the developer’s perspective, the situation is more defined. The building bond process is still active, tied to the inspection timeline and focused on specific identified defects. Any future mechanism, such as DLI (if in place), would relate to serious defects in critical elements rather than general building concerns.

Without a clear explanation of these boundaries, both parties may feel they are approaching the situation correctly, while still working from different assumptions.

PICA Group tip: 

Providing a simple, scenario-based explanation like this before or at the first AGM can help align expectations early and reduce the likelihood of disputes later.

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What property developers should explain before the first AGM

Early, clear communication can significantly reduce the risk of disputes later. Addressing these gaps upfront can make a meaningful difference to how defect management unfolds after handover.

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Key areas to walk through

Before the first AGM, it can help to clearly outline:

  • How the building bond process works, including inspection stages and timing.
  • What happens if defects are identified, and how rectification is handled.
  • Whether any DLI-style policy applies to the building, and what it is intended to cover.
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Clarifying the boundaries

It is equally important to explain what sits outside these frameworks:

  • The difference between defect rectification and ongoing maintenance.
  • The limitations of both the bond and any insurance structure.
  • Where committees can go for clarity or support.

Framing these concepts in practical terms, rather than legal or regulatory language, can make a meaningful difference in how they are understood.

Supporting new developments

At PICA Group, our developer services go beyond legislative compliance. Each quarter, we support new communities through practical, on‑the‑ground engagement, including:

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PICA 101 information session for new owners, tailored to the scheme

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Attendance at a pre‑settlement inspection (PSI) to answer strata-related questions

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Educational strata-living resources for new residents

These touchpoints help reduce early confusion, improve owner confidence, and support smoother transitions from development to community living.

Are you a property developer and planning to build a strata title development?

With more than 185,000 lots under management, PICA Group’s specialist property developer services team provide practical guidance based on best practice expertise.

Conclusion

Understanding the difference between the strata building bond and DLI is becoming increasingly important as defect management frameworks evolve. While both relate to building defects, they operate across different timeframes and serve different purposes: the bond focuses on early identification and rectification, while DLI explores longer-term protection for serious issues.

Ultimately, the challenge is not just understanding these frameworks but helping them be communicated clearly at the right time. For developers, the opportunity lies in setting clear expectations early. When these frameworks are explained in a practical and accessible way, they can support a smoother handover and reduce the likelihood of disputes as buildings transition to owners corporations.

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Author

This article is edited by Lauren Shaw Regional General Manager and Licensee-in-Charge on June 2026.

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