Question: Can I force my duplex neighbour to have building insurance, and will my policy cover me if their lot burns and the fire spreads?
I live in a single tier duplex. Both lots are street front with common land all round. The two units are joined by two carports, which I assume are common property as they sit on the common property area. My neighbour’s building is run down, and I doubt whether they have building insurance.
What is my risk if they don’t have building insurance? If their building burns down and the fire spreads to my side, will my insurer cover me? Can I force the other lot to have insurance, given that we both have a carport on common property? Under the Strata Titles Act 1985, is there an obligation for all insurable assets to be covered?
Answer: It depends on whether your duplex is a survey strata or a built strata. Your own policy should cover damage caused by a fire spreading from next door.
The answer depends on how your duplex is structured under the strata legislation. If it is a two-lot survey strata (which is very common for street-front duplexes with common property), there is generally no legal requirement for the strata company to insure the buildings. Each owner is usually responsible for insuring their own building. If it is a two-lot built strata, the strata company is generally required to insure all buildings under a single strata insurance policy that covers both lots.
The first thing I would check is whether your property is a survey strata or a built strata.
Regarding your main concern: if your neighbour’s unit burns down and damages your unit, your insurer would normally cover your insured loss, subject to your policy terms, excess and sum insured. Your insurer may then seek recovery from any responsible party if appropriate.
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances and the specific coverage afforded under their policy wording. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisernet Australia AFSL No 240549, ABN 15 003 886 687.
This post appears in the August 2026 edition of The WA Strata Magazine.
Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 1300 554 165
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.
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