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Queensland’s New Combustible Cladding Requirements

Wednesday, November 07, 2018

The Building and Other Legislation (Cladding) Amendment Regulation 2018 came into effect in Queensland on October 1 2018 with the aim of identifying and rectifying buildings with combustible cladding. The legislation was drafted in response to the Grenfell Tower fire in London last year.


The regulation applies to privately-owned class 2-9 buildings of Type A or B construction, which essentially includes most buildings other than detached houses and town houses. It applies to these buildings issued with development approval between 1 January 1994 and 31 September 2018.  


The Process


The legislation implements a three stage process that is documented through QBCC (the Department’s online system).


Stage 1 requires that building owners register with the QBCC and complete a checklist of basic information regarding the building by 29 March 2019. Based on the responses in this checklist, the system will assess whether or not the building may have external combustible cladding other than on the roof,  thus making it an ‘affected private building’. If the building is not in this category, then the process ends here.


For buildings that may be ‘affected private buildings’, Stage 2 requires the owner to either notify QBCC that it knows or suspects the building contains cladding, or obtain a building industry professional report and lodge a further checklist by 29 May 2019.


If the QBCC indicates following Stage 2 that the building may be affected by combustible cladding, owners must engage in Stage 3 of the process. This requires the owner to engage a fire engineer to prepare a building fire safety risk assessment, which determines the composition of the cladding and the insulation in place, and ultimately concludes whether or not the current safety measures are adequate. Owners must communicate to the QBCC the name and registration number of the assessor by 27 August 2019, and lodge the assessment with an accompanying checklist by 3 May 2021.


Further Actions Required

Within 60 days of completion of Stage 3, the owner must display a conspicuous notice in the approved form for the building regarding its combustible cladding, and give to each lot owner or tenant a copy of the report.


Sale of Property


An owner who sells their property before the above process is completed must, before settlement, give the purchaser a notice in the approved form of the extent to which the process has been completed. A copy must also be given to the QBCC. Compliance with the process will then come under the purchaser’s responsibility following settlement.