NSW Combustible Cladding Regulation

In light of recent tragedies including Grenfell Tower in London and Lacrosse Building in Melbourne, the NSW Government will soon implement new laws for buildings with combustible cladding.

3 October, 2018

In light of recent tragedies including Grenfell Tower in London and Lacrosse Building in Melbourne, the NSW Government will soon implement new laws for buildings with combustible cladding. In response to addressing fire safety risks, these laws commencing from 22nd October 2018 are 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.

This regulation will require owners of certain buildings with external combustible cladding to register their building with the NSW Government via an online portal. The registration requirements are as follows:

For buildings occupied before 22nd October 2018, registration must be completed by 22nd February 2019
Owners of new buildings will be required to register their new buildings within four months of occupation

What types of buildings does this regulation apply to?

Both new and existing buildings with two or more storeys such as:

– Residential apartment buildings
– Other types of residential buildings where unrelated people sleep, e.g. hotels, boarding houses, backpacker and student accommodation
– Aged-care buildings; hospitals and day surgeries
– Public assembly buildings e.g. theatres, cinemas, schools and churches (and any associated single dwellings within the building).

What types of cladding does this regulation refer to?

Cladding types include:

– metal composite panels, including products that consist of aluminium, zinc, or copper outer layers and a core material
– insulated cladding systems including systems comprised of polystyrene, polyurethane, and polyisocyanurate.

What information do you need to register?

You will need to provide basic information such as:

– the type of external combustible cladding (metal composite panels or insulated cladding system)
– name and address of the owner/owners’ corporation representative
– the building use (for example, residential, school, hospital)
– number of storeys
– the approximate percentage of cladding
– the parts of the building to which cladding is applied.

What can happen if you fail to register?

Failure to register a building may incur fines of $1500 for individuals and $3000 for corporations.
To be notified when the registration portal is available, sign up at the Combustible Cladding Regulation page. To find out more about what this means for building owners and councils, read more here.

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