Last Updated on 29/10/2025 by Damin Murdock
Building or renovating a home is one of the most significant investments a person can make. When things go wrong, particularly due to professional oversight or negligence, homeowners rightly seek accountability. In New South Wales, building surveyors, like other construction professionals, owe a duty of care to property owners. If this duty is breached, a homeowner may be entitled to compensation for economic loss under both negligence law and the Civil Liability Act 2002 (NSW).
Legal Basis for Suing a Building Surveyor
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Negligence
Building surveyors are legally required to exercise reasonable care in performing their duties, including inspections, certifications, and compliance assessments.
In Owners Corporation Strata Plan 64757 v MJA Group Pty Ltd [2011] NSWCA 236, the NSW Court of Appeal confirmed that building professionals, including surveyors, owe a duty of care to prevent foreseeable risks of harm to homeowners and occupiers. Failure to do so may give rise to a negligence claim.
To succeed, the plaintiff must prove:
- The surveyor owed them a duty of care.
- The surveyor breached that duty.
- The breach caused the homeowner’s loss.
- The loss was a reasonably foreseeable consequence of the breach.
These elements are further structured under Part 1A of the Civil Liability Act, specifically:
- Section 5B – Establishing breach of duty.
- Section 5D – Proving causation.
- Section 5O – Applying the professional standard of care.
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Civil Liability Act Framework
The Civil Liability Act 2002 (NSW) governs most negligence claims, including those involving construction professionals.
In Shoal Bay Beach Constructions No. 1 Pty Ltd v Sparke Helmore (No 5) [2021] NSWSC 1499, the court reaffirmed that Section 5A applies broadly to any damages claim resulting from negligence, regardless of whether the claim is brought in tort, contract, or statute.
To prove liability under this framework, a homeowner must show:
- The risk of harm was foreseeable and not insignificant.
- A reasonable person in the surveyor’s position would have taken steps to avoid the risk.
- The probability and seriousness of harm warranted such precautions.
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Proportionate Liability
In the landmark case Rennie Golledge Pty Limited v Ballard [2012] NSWCA 376, the court clarified that Part 4 of the Civil Liability Act applies to claims for economic loss caused by failure to take reasonable care.
Importantly:
- A surveyor’s liability may be limited to their proportionate share of responsibility.
- Other professionals (such as builders, certifiers, or engineers) may be joined as concurrent wrongdoers.
- Courts assess each party’s degree of fault when awarding damages.
Key Considerations for Homeowners
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Time Limitations
Under the Limitation Act 1969 (NSW), homeowners must commence proceedings within statutory limitation periods, typically six years from when the loss became apparent. Delayed claims may be barred, regardless of merit.
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Proof Requirements
To succeed in a claim, the homeowner must demonstrate:
- That the surveyor breached their duty by failing to meet accepted industry standards.
- A causal link between that breach and the damage suffered.
- Actual economic loss, such as costs of rectification or loss in property value.
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Defences Available to Surveyors
Surveyors may raise several legal defences, including:
- arguing that the services provided were consistent with peer professional opinion at the time.
- distributing liability among other responsible parties.
- asserting that the homeowner’s own actions contributed to the loss.
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Expert Evidence is Crucial
As building disputes often involve technical issues, homeowners must typically rely on expert reports. These may assess:
- Whether industry standards were breached.
- Whether the surveyor’s actions (or inactions) caused the specific defects.
- The appropriate quantum of damages.
In complex construction cases, multiple expert reports across disciplines (structural engineering, quantity surveying, etc.) may be required.
Conclusion
Yes, a homeowner in NSW can sue a building surveyor for negligence or under the Civil Liability Act 2002 (NSW), particularly where economic loss has occurred due to a failure to exercise reasonable care. However, these claims are legally and factually complex, often involving multiple parties and expert assessments.
If you are concerned about defective building work or a negligent building surveyor, Leo Lawyers can help you understand your legal rights, gather evidence, and pursue the compensation you deserve. Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube , LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.
DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.
Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."
