Changes in Cladding Law

Changes in Cladding Law

The policy objectives of the Building and Other Legislation (Cladding) Amendment Regulation 2018 are to determine the extent of the use of potentially combustible cladding on existing private buildings in Queensland and raise awareness with building owners of the risks associated with potentially combustible cladding.

These policy objectives will be achieved by requiring owners of particular buildings to undertake an assessment of the material on the external walls of their building.

The buildings that are captured are:

  • Class 2-9 buildings (this includes a range of buildings from multi-residential to shopping centres and private health facilities) of Type A or Type B construction.
  • Class 1 and 10 buildings, detached houses and sheds, will not be captured.

Property owners may not be affected if they received a building development approval after 1 January 1994 to construct the building or to alter the external wall assembly of the building; as this may be covered by the modern building standards.

This will result in buildings which may be older than 1 January 1994 having to undertake rectification work if an alteration has been undertaken.

Investigations undertaken by the Non-Conforming Building Products Audit Taskforce shows that the risk of fire spread and ignition is not limited to just the cladding but is also from the entire wall assembly, including the insulation and sarking.

The Queensland Building and Construction Commission (QBCC) is the responsible body, and regulator, of the online checklist and register.

It establishes a three-stage process, managed through an online system, for building owners to identify whether their building has combustible cladding.

Part 1 – Register and answer generic questions about the building.
Part 2 – Engage a building industry professional to answer technical questions whether the building is a Type A or B.
Part 3 – Engage a fire engineer to prepare a building fire safety risk assessment.

Appropriate penalties are set to encourage compliance including the ability to issue penalty infringement notices.

You must take active steps to notify yourself onto your potential liability. Please do not hesitate to contact us today on 1300 428 947.