The Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld) was recently passed by the Queensland Government and commences on 1st October 2018.

The new regulation applies obligations on private owners of building that are class 2 to 9 buildings*, are of Type A or B construction and were provided development approval to build or alter the cladding after 1st January 1994 but before 1st October 2018.

Owners of houses or townhouses – do not need to register.

Property managers or body corporate representatives – an authorised agent of an owner may need to register the building and undertake the combustible cladding checklist. In buildings comprising of more than one lot, the body corporate is regarded as the owner.

Owners living overseas or outside of Queensland – may be required to register the building and undertake the combustible cladding checklist. An agent may be engaged to act on the owner’s behalf in this matter.

If you are unsure about the class or type of construction of a building you own, you should read Classification Summary of Buildings and Structures or seek professional advice.   

Obligations

Obligations of this regulation is a three stage process on owners of relevant buildings and it focused on identifying and assessing potential risk from cladding products. Details are required to be completed and documents uploaded on the online system found at www.saferbuildings.qld.gov.au

Stages

By 29th March 2019 – Stage 1

Owners are required to register their buildings on the website above and complete the combustible cladding checklist – part 1. This stage will determine if further action is necessary – it is expected that most buildings will not have combustible cladding and require further assessment.

By 29th May 2019

Owners are required to engage a building industry professional to prepare a building industry professional statement. Once that statement is received, owners are required to complete the combustible cladding checklist – part 2 and upload that statement. If it is known or suspected that the building in question contains combustible cladding, stage 2 may be skipped.

By 27th August 2019 – Stage 3 – Part A

Owners are required to engage a fire engineer to prepare a building fire safety risk assessment and fire engineer statement – the details of the fire engineer need to be completed on the website.

By 3rd May 2021 – Stage 3 – Part B

Owners are required to, once the building fire and safety risk assessment and fire engineer statement is received, complete the combustible cladding checklist – part 3 and upload that assessment and statement. This assessment will determine if rectification of cladding is necessary.

What next?

If the buildings cladding in non-conforming, as determined by the QBCC (Queensland Building and Construction Commission) then owners will be required to:

  • display a notice in a conspicuous position at the entrance to the building and near the fire indicator panel; and
  • if the building comprises 2 or more lots, provide a copy of the fire safety risk assessment to all lot owners and tenants.

These steps must be taken within 60 business days of receiving the fire safety risk assessment.

Should the building be part of a community titles scheme, it may be necessary to disclose non-conforming cladding to prospective purchasers, pursuant to section 223 of the Body Corporate and Community Management Act 1997 (Qld), to avoid a claim for breach of warranty (or potentially termination of the contract).

Should the building be sold during this process the owners are required to supply buyers with notice, in the approved form, regarding the status of compliance with the process and a copy of all relevant documentation. The QBCC should be provided with a copy of this notice to the buyer. Once settlement is finalised, the new owners are responsible for complying with this regulation.

*essentially all commercial and residential building but not including houses and low-rise residential use buildings.

The content of this blog is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

 

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