Combustible cladding laws and private building owners
Written by Leisha de Aboitiz and Rachael Bass on October 22, 2018
New combustible cladding regulations commence in NSW today. The regulations will impact you if you (wholly or partially) own a building which contains combustible cladding and is used as a residence, accommodation or some other use where people may sleep or gather e.g. hospital, school, night club, aged care building etc. The regulations will not affect certain classes of buildings (eg commercial office buildings), but will capture strata schemes and mixed use buildings which have an affected component. If your building is affected, then you may need to register your building. Further information on the new laws and applicable timeframes for compliance can be found here – https://www.planning.nsw.gov.au/Policy-and-Legislation/Buildings/Combustible-cladding.
You should also be aware that certain aluminium composite panels were banned in NSW on 15 August 2018 across most building classes (eg commercial as well as residential). If your building is affected by the ban you may be ordered to rectify the building. Further information on the product use ban can be found here – https://www.fairtrading.nsw.gov.au/buying-products-and-services/product-and-service-safety/building-products/aluminium-composite-panel-ban. New combustible cladding laws have recently been introduced in most jurisdictions of Australia, and audits are being carried out Nationally. The nature and extent of regulation varies, however certain States are clearly taking a more proactive (and robust) approach to cladding regulation.
If you think that your building may be affected, then you should consider your compliance obligations in relation to the new laws as well as any related contractual obligations you may have (eg under any leases or insurance policies for the building).
For further information on new combustible cladding laws and your obligations as a private building owner please contact Leisha de Aboitiz or Rachael Bass.
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