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Combustible cladding legislation passed following fires

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Following the Grenfell Tower fire in the UK in 2017 and the Lacrosse Tower fire in Melbourne in 2014, the Queensland government has passed the Building and Other Legislation (Cladding) Amendment Regulation 2018 which amends the Building Regulation 2006 to introduce new regulations around combustible cladding (Regulation).


Which buildings does the Regulation apply to?

The Regulation applies to private buildings. Private buildings are basically all buildings that:

  1. Are owned by one or more private entities;
  2. Are residential or commercial (other than homes);
  3. Have a building development approval issued between 1 January 1994 and 1 October 2018; and
  4. Are 2 storeys or higher.

The Regulation does not apply to detached houses, single storey buildings or to commercial buildings less than three storeys.

What are building owners required to do?

If your building is covered under the new Regulation, you must register your building and comply with the risk assessment and notification obligations. The registration and assessment obligations must be completed by 29 March 2019 and involve the following:

These checklists will indicate whether the building may have combustible cladding. If so, building owners must engage a builder, architect or engineer to assist in completing a building fire safety risk assessment.

If it is found that your building has combustible cladding, you will need to display a notice near the main entrance to the building and adjacent to any fire indicator panel.

Body corporates and owners of buildings with multiple lots are also required to give a copy of the fire safety risk assessment to each owner and tenant in the building.

Building owners that are in the process of selling their building must notify the new owner of which stage in the process they are up to and the new owner is required to complete the assessment.

What does this mean for you?

Fines apply for owners who fail to comply with each step of the process.

Please contact us on 3223 6100 or email our Property Team if you have any questions or would like a detailed, step-by-step guide on how to comply with the Regulation.

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