New Combustible Cladding Laws Introduced
On the 22nd October 2018, new laws commence. These laws are the Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2018 and State Environmental Planning Policy Amendment (Exempt Development – Cladding and Decorative Work) 2018.
Owners of certain buildings with external combustible cladding will now be required to register their building with the NSW Government. Buildings which have been occupied before 22nd October 2018 have until 22nd February 2019 to register. For new buildings, they must be registered within 4 months of the first occupation.
The NSW Government has set up an online portal for registration and to be notified when the portal is available, you can sign up for updates by accessing the following link: https://www.planning.nsw.gov.au/policy-and-legislation/under-review-and-new-policy-and-legislation/combustible-cladding
Which building are affected?
New and existing buildings of two or more storeys for the following uses:
• Residential apartment buildings
• Other types of residential buildings eg hotels
• Aged-care buildings; hospitals and day surgeries
• Public assembly buildings for example, cinemas, schools and churches (and any associated single dwellings within the building).
Cladding types
The new laws apply to the above buildings if they have external combustible cladding comprised of:
metal composite panels; or
insulated cladding systems including systems comprised of polystyrene, polyurethane, and polyisocyanurate.
If your building has external combustible cladding, you must give details to the Planning Secretary
What you must report?
(a) the name and address of the owner of the building,
(b) the address of the building,
(c) the classification of the building under the Building Code of Australia,
(d) the number of storeys in the building, above and below ground,
(e) a description of any external combustible cladding applied to the building, including the materials comprising the cladding,
(f) a description of the extent of application of external combustible cladding to the building and the parts of the building to which it is applied.
Penalties apply if you fail to provide the report to the Secretary of the Department of Planning and Environment, you may be issued with a penalty. Failure attracts penalty of $1,500 for individuals and $3,000 for corporations. Fines of $3,000 for individuals and $6,000 for corporations apply where the failure has occurred despite having been directed to do so.
What now?
For existing strata schemes with cladding, a building consultant will need to be engaged to prepare a report by the deadline of 22nd February 2019. That date is less than 6 months away, so we recommend early action to ensure the deadline is met.
Do you have a question relating to your property or development? Contact us!
Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.