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Queensland building owners—do the new cladding laws apply to your building?

October 2018

If you own a building in one of the following Building Classes

  • class 2 – 9
  • of a type A or B construction
  • built or had the cladding altered after 1 January 1994 but before 1 October 2018

then from 1 October 2018 you must register your building on the Safer Buildings website. Following registration, you are required to work through the questions in the Combustible Cladding Checklist to determine whether you are required to engage a building industry professional and/or a fire engineer to complete further assessment.

If the new law applies to your building the following steps must be taken by these key mandatory dates:

29 March 2019

By this date, buildings falling into the above Building Classes need to be registered on the Safer Buildings website and part 1 of the combustible cladding checklist completed. The regulator has said it anticipates the majority of the affected buildings will not have combustible cladding and compliance obligations will stop here.

29 May 2019

If an inspection from a building industry professional is required, the inspection needs to be completed in sufficient time to allow a statement of the inspector's findings to be signed, witnessed and uploaded to the Safer Buildings website along with the updated combustible cladding checklist.

27 August 2019

If the outcome of the inspection is that an assessment of a fire engineer is required then, the fire engineer must be engaged and details registered on the combustible cladding checklist.

03 May 2021

The fire engineer must complete the building fire safety risk assessment, fire engineer statement and the combustible cladding checklist by this date.

Some building owners may receive letters directing them to register and engage the appropriate professional. This is on the back of an investigation that has already taken place to identify buildings which are considered high risk due to the presence of combustible cladding. However, all owners are required to self-assess whether the registration requirements apply and take the required steps by the dates outlined above, whether they have been directed to or not.

The intention of the cladding checklist process is to mandate the identification of combustible cladding risk on relevant buildings and ultimately, require buildings to be brought into compliance. Owners are required to display building reports and disclose reports and documentation to subsequent purchasers.

Failure to register and complete the combustible cladding checklist is an offence and may result in a penalty if the QBCC decides to take disciplinary action.

More information can be found on the Safer Buildings website, including assistance in identifying Building Classes and licencing requirements for the building industry professionals and fire engineer. If you require any assistance in the process, please contact partner Kristy Dorney.