It is generally not legally required but is strongly recommended and often contractually required by leases, franchises, and professional bodies.
Public liability insurance for real estate agents: essential protection guide for Australian professionals
Understanding public liability insurance for Australian real estate agents
In the dynamic Australian real estate industry, agents and agencies play a vital role in facilitating property transactions, managing inspections, and hosting open homes. While your focus is on delivering exceptional service, unforeseen accidents can occur—whether at an open house, during a property inspection, or within your office premises. These incidents can lead to costly claims for injury or property damage.
Public liability insurance is a critical safeguard that protects real estate professionals from third-party claims arising from such incidents. It helps secure your business, protects your personal assets, and preserves your reputation in a competitive market.
Given the increasing frequency and size of claims in Australia’s property sector, Marsh strongly recommends that all real estate practitioners and agencies maintain a minimum public liability coverage of $20 million. This level of protection aligns with industry best practices, lease requirements, and the complex risks inherent in Australian real estate operations.
What does public liability insurance cover for real estate agents?
Public liability insurance for real estate agents in Australia typically covers claims made by clients or members of the public who suffer:
Common claim scenarios and potential costs in Australia
Scenario |
Typical claim value (AUD) |
Office accidents |
$15,000 - $50,000 |
Property inspection injuries |
$25,000 - $200,000 |
Open house incidents |
$10,000 – $75,000 |
Car park accidents |
$5,000 - $30,000 |
Australian example: open home injury claim
Consider a Sydney-based real estate agency hosting an open home. A prospective buyer trips on an uneven step and fractures their wrist. The visitor lodges a claim for medical expenses and lost income. Thanks to the agency’s $20 million public liability insurance arranged through Marsh, the insurer promptly covers legal defence and settlement costs, preventing significant financial loss. The agency also updates its safety protocols to prevent future incidents.
Legal defence costs covered by public liability insurance
Even if a claim is unfounded, defending your business can be expensive. Public liability insurance covers:
- Solicitor and barrister fees
- Court and filing costs
- Expert witness and investigation expenses
- Settlement negotiation fees
These protections are essential given the rising legal costs in Australia’s property sector.
Industry and legal recommendations for coverage limits in Australia
While public liability insurance is not legally mandated for real estate agents in most Australian states, it is strongly recommended by industry bodies and often required by commercial leases, franchise agreements, and professional associations.
- The Real Estate Institute of Australia (REIA) recommends a minimum of $5 million coverage.
- State-based institutes and franchise networks often require coverage ranging from $1 million to $20 million.
- Marsh advocates for a minimum $20 million public liability coverage for all real estate practitioners and agencies, reflecting the high-value nature of Australian property transactions and increasing claim sizes.
Factors influencing public liability insurance premiums in Australia
Premiums vary based on:
- Business size: Number of employees and annual turnover
- Property focus: Residential vs commercial
- Location: Metropolitan hubs (Sydney, Melbourne, Brisbane) vs regional areas
- Claims history: Previous public liability claims
- Risk management: Safety policies and staff training
Investing in higher coverage limits can be cost-effective compared to the potential financial exposure from claims.
Client communication and documentation best practices
- Provide written safety warnings before property inspections
- Document all incidents and near-misses promptly
- Take photographic evidence of property conditions
- Obtain client acknowledgment for visits to high-risk properties
Public liability vs professional indemnity insurance
Public liability insurance covers physical injury and property damage claims. It does not cover professional advice or errors. Real estate agents should also maintain professional indemnity insurance to protect against claims related to advice or service errors.
Claims management: what to do If an incident occurs
Conclusion
For Australian real estate agents and agencies, public liability insurance is an essential safeguard against the physical risks inherent in property-related activities. While not legally mandated, maintaining a minimum $20 million coverage is a prudent and increasingly necessary standard to protect your business and personal assets from potentially devastating claims.
Combined with robust risk management and professional indemnity insurance, this coverage empowers you to operate confidently and focus on delivering outstanding service to your clients.
Frequently asked questions
Marsh and many industry experts recommend a minimum of $20 million public liability coverage for all real estate practitioners and agencies.
No. Professional advice claims require separate professional indemnity insurance.
Notify your insurer within 24 to 48 hours of the incident to ensure coverage.
References
[1] NSW Government, Department of fair trading, "Property, Stock and Business Agents Act 2002", https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-066, accessed, 23 March 2026.
[2] Consumer Affairs Victoria, "Agents' representatives", https://www.consumer.vic.gov.au/licensing-and-registration/estate-agents/agents-representatives, accessed, 23 March 2026.
[3] Queensland Office of Fair Trading, "Property Agents and Motor Dealers Act 2000", https://www.legislation.qld.gov.au/view/html/2013-11-01/act-2000-062, accessed, 23 March 2026.
[4] Australian Competition and Consumer Commission, "Consumer rights and guarantees", https://www.accc.gov.au/consumers/buying-products-and-services/consumer-rights-and-guarantees, accessed, 23 March 2026.
This website contains general information, does not take into account your individual objectives, financial situation or needs and may not suit your personal circumstances.
Marsh Pty Ltd (ABN 86 004 651 512, AFSL 238 983) (“Marsh”) and Marsh Advantage Insurance Pty Ltd (ABN 31 081 358 303, AFSL 238 369) (“MAI”) arrange the general insurance (i.e. not the Discretionary Trust Arrangement) and are not the insurer.
Discretionary Trust Arrangements are issued by the Trustee, JLT Group Services Pty Ltd (ABN 26 004 485 214, AFSL 417 964) (“JGS”). Any advice or dealing in relation to a Discretionary Trust Arrangement is provided by JLT Risk Solutions Pty Ltd (ABN 69 009 098 864, AFSL 226 827) (“JLT”). The cover provided by a Discretionary Trust Arrangement is subject to the Trustee’s discretion and/or the relevant policy terms, conditions and exclusions.
For full details of the terms, conditions and limitations of the covers and before making any decision about whether to acquire a product, refer to the specific policy wordings and/or Product Disclosure Statements (PDSs) available from the relevant product issuer. Target Market Determinations (TMDs) are available here.
Marsh, MAI, JGS and JLT are all businesses of the Marsh group.
LCPA 26/2212