What is public liability insurance for a self-build?

How it works in Ireland

Under the Occupiers’ Liability Act 1995, the person in control of land is its occupier. That is you from the day the site is yours, even if you never visit. The Act sets how much care you owe: reasonable care to a visitor, and a lower duty not to injure intentionally or act with reckless disregard to a recreational user or a trespasser. The Courts and Civil Law (Miscellaneous Provisions) Act 2023 added factors a court weighs, such as how likely and serious the harm was and how practical the precautions were.

Public liability insurance may pay if you are legally liable for such an injury or damage, subject to the policy terms. An accident on your site does not by itself establish that you are liable or that the policy pays. The policy wording decides which people and which activities are covered, and whether the limit applies per claim or across the policy year.

Your home insurance may not extend to a separate site. Ask your insurer in writing, and ask a broker about public liability cover for land until building starts. Once work starts, the build’s policy should include public liability, with a limit that meets your lender’s offer and your building contract.

If you hire trades yourself, ask each one for a current certificate showing public liability, the limit and the expiry date. A trade’s policy covers that trade’s work. It does not replace yours. See insurance when you project manage for the checks.

Public liability does not pay for damage to your own works, which is contract works insurance, or for injury to your own employees, which is employers’ liability.

A common mistake

Assuming the builder’s insurance covers the gap between buying the plot and the builder starting. A builder’s policy generally applies to the builder’s own works and operations and may not start until work begins. Ask your broker what covers the site in the meantime, and keep dated photographs of fencing, covered openings and signs as evidence that you took reasonable care.