The NSW Parliament has recently passed new legislation in relation to combustible cladding, being the Environmental Planning and Assessment Amendment (Identification of Buildings with External Combustible Cladding) Regulation 2018.
The new legislation requires owners of certain buildings with combustible cladding to report the combustible cladding to the Secretary of the Department of Planning and Environment.
Does this apply to my building?
The legislation applies if:
- The building is one of the following types of building
- A residential apartment building.
- A building used for accommodation.
- A hospital or nursing home.
- Public buildings.
- A non-residential building which contains a dwelling.
- The building has 2 or more storeys AND
- The building has either of the following types of cladding:
- Any metal composite panel cladding or cladding system to the external walls of the building or any other external area of the building.
- Any insulated cladding system to the exterior of the building to the external walls of the building or any other external area of the building.
This applies to both new and existing buildings.
The legislation required that the owner of the building must provide a report on the combustible cladding and the building to the Secretary of the Department of Planning and Environment.
What must be included in the report?
The report must include the following details:
- The name of the owner. In the case of a strata scheme, this is the owners corporation.
- The address for service of the owner. In the case of a strata scheme, this is usually the strata manager’s address.
- The address of the building.
- The classification of the building under the Building Code of Australia.
- The number of storeys of the building (above and below ground).
- A description of the combustible cladding to the building, including the type of materials.
- A description of the location of the combustible cladding.
There are time limits to provide the report to the Secretary of the Department of Planning and Environment.
The time limit depends on the date the building was occupied.
If the building that was occupied before 22 October 2018, the report must be provided by 22 February next year.
If the building was occupied on or after 22 October 2018, the report must be provided within 4 months after the building is occupied.
If you fail to provide the report to the Secretary of the Department of Planning and Environment, you may be issued with a penalty.
What should you do?
For existing strata schemes with cladding, the owners corporation will need to engage a building consultant to prepare a report by 22 February next year.
For strata schemes registered on or after 22 October 2018, the owners corporation will need to obtain the report within 4 months of registration.
If you receive advice that your building has combustible cladding, we also recommend consider seeking advice regarding your legal rights against the builder and the developer.
In this regard, the purpose of the legislation is merely to create a register of buildings with combustible cladding. It is the responsibility of the owner of the building to take legal action against the builder and the developer.
If you need advice regarding a defects claim or a potential claim against a building certifier, or have any questions, please contact Colin Grace of Grace Lawyers on 02 9284 2700.