Combustible Cladding Issues in Australia: The Latest Regulations in QLD, NSW and VIC

In the wake of the Lacrosse Tower incident in Melbourne and London's fatal Grenfell Tower fire, there is now considerable anxiety around the use of combustible cladding. Australia's authorities quickly drafted a range of new legislation designed to offer an effective response to the dangers posed by this cladding.

So, what does this mean for building certification? Take a look at some of the changes to combustible cladding regulation in Australia, and discover more about what you need to do to achieve compliance for your building.

Combustible Cladding Regulations in Victoria

In Victoria, combustible cladding is regulated by a number of different acts, including the Building Act of 1993 and the Local Government Act of 1989.

Since 2018, a series of amendments to these two acts have changed the way in which combustible cladding issues are dealt with.

One of the key changes relates to Cladding Rectification Agreements (CRAs) — a voluntary agreement between a building owner, a lender or funder and a local council geared towards replacing combustible cladding.

• Under the changes, councils are permitted to enter into a CRA to deal with rateable land that already has a building on it. Approved funders will be able to lend or advance money to the local council to carry out this work.
• Building owners will be able to repay the funds used to remove the cladding via their council tax rates across a period of at least 10 years.

Other changes include:

• Expanded powers for ministers, enabling the minister to prohibit products from being used during building work. Builders need to stay aware of any ministerial announcements relating to this.
• Building orders, including emergency orders, that require the destructive testing of any building products or materials may be issued. Test results must be supplied to the municipal building surveyor.

Combustible Cladding Regulations in New South Wales

Owners of buildings with combustible external cladding must register the building with the New South Wales state government under amendments to the Building Products (Safety) Act of 2017. Registration must be made within four months of the building becoming occupied, with fines of between $1,500 and $3,000 imposed in the event of a failure to register.

Building owners no longer have to provide a 'cladding statement'. This has been replaced by the registration requirement.

The following State Environmental Planning Policies have been amended:

• Exempt and Complying Development Codes (2008)
• Educational Establishments and Child Care Facilities (2017)
• Infrastructure (2007)

These amendments have resulted in more stringent approval processes for the use of certain types of cladding within building projects, including:

• Any metal composite products containing aluminium, zinc or copper, among other metals
• Any insulated cladding systems containing polystyrene, polyurethane and polyisocyanurate, among other materials

All alternative cladding solutions must be submitted to Fire and Rescue NSW for review before approval is granted.

Combustible Cladding Regulations in Queensland

In Queensland, combustible cladding is regulated under the Building Regulation 2006. Since 2018, amendments have been made that affect the responsibilities of building owners under this act.

Building owners must:

• Register their building online with the Queensland Building and Construction Commission (QBCC)
• Have their building assessed by a qualified professional
• Engage the services of a fire engineer in the event that the building is found to contain combustible cladding

These changes to combustible cladding law have been in effect since 2019, and building owners may incur a heavy fine if they do not meet the requirements. Extensions may be granted in some cases.

The Queensland Fire and Emergency Services (QFES) have established a special Cladding Support Unit (CSU) to assist with compliance and adherence under the new combustible cladding regulation.

Get in Touch to Learn More

Reach out to our team to find out more about achieving building certification and regulatory compliance in your jurisdiction.