The latest allegations about Victorian surveyors using unregistered building inspectors is unlikely to have major implications for warranty insurance policies, according to a commercial litigation specialist.

Slater & Gordon Associate Robert Auricchio told insuranceNEWS.com.au any disputes between homeowners and their warranty insurers could result in the insurers making claims against surveyors’ professional indemnity policies.

He says that under the Building Act, a registered surveyor has to have professional indemnity insurance.

“Their insurer would probably have exclusions about using unregistered or not properly qualified inspectors,” he said.

“In a dispute, the building warranty insurer could sue or join the surveyor directly if they had used an unregistered inspector.”

Mr Auricchio says the homeowner can have recourse to sue the surveyor as well, but these cases can be expensive and the decision whether to join the surveyor to an action will vary from case to case.

“We would probably look at various types of claims against the surveyor if there were issues on the inspection of the building and defective work,” he said.

The Victorian Building Commission has been advised that several surveying firms are using unregistered inspectors and it has taken some disciplinary action against surveyors in recent years.