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.
Insights
Location or amenities: leveraging the benefits of your commercial listing
To assist in leveraging the benefits of commercial listings, the REINSW has recently published an article in which our Ole Mitrevski provides some insights into what businesses prioritise when looking for commercial space
Read the article here – Locations or amenities: leveraging the benefits of your commercial listing
February 15, 2019
Adverse Possession
Our very own Ben Malone recently appeared on ABCNews24 last week chatting all things “adverse possession”. This was a hot topic in the press following a very interesting (and unusual) adverse possession case relating to a property in the Inner West in NSW (see article in the link below for more details):
Sydney property developer awarded home under squatting laws
November 5, 2018
Strata Renewal update
The Owners – Strata Plan 49574 v Scorpio Holdings (Aust) Pty Ltd & Ors
Another strata renewal hits the Land & Environment Court, and it becomes apparent that:
- a security for costs application under rule 42.21 of the UCPR will not be available to a dissenting lot owner in strata renewal proceedings; and
- – applicants are entitled to require dissenting owners to properly “state their case” and provide particulars of compensation early in the proceedings
Read the full case here – https://www.caselaw.nsw.gov.au/decision/5ad6918fe4b074a7c6e1e417
May 4, 2018
Doyle's Guide - 2018
We are delighted that Massons has been listed in the Doyle’s Guide of “Leading Property & Real Estate Law Firms – NSW, 2018 and that both of our partners, Jodie Masson and Leisha de Aboitiz have been listed as “Leading Property & Real Estate Lawyers – NSW, 2018”. Doyle’s Guide is compiled using “online peer-based surveys as well as extensive telephone and face to face interviews with clients, peers and relevant industry bodies” so a big THANK YOU must go out to our wonderful clients and our respected peers in the legal industry – thank you!
http://doylesguide.com/leading-property-real-estate-lawyers-nsw-2018/
http://doylesguide.com/leading-leasing-lawyers-new-south-wales-2018/
April 23, 2018
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