As initially reported in our e-alert of October 2018, the commencement of the Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld) (the Regulation) on 1 October 2018 introduced an ongoing, 3-stage compliance obligation for owners of ‘private buildings’.
‘Private buildings’ are defined in the Regulation to include all buildings that:
- received building approval, either to build the building or to alter the cladding on the building, between 1 January 1994 and 1 October 2018; and
- are a class 2 – 9 building of a type A or type B construction, in accordance with the Queensland Building and Construction Commission’s (QBCC) Building Codes of Australia – Classes of Buildings.
The deadline for Stage 1 compliance now rapidly approaches, with the final day for compliance being 29 March 2019. Stage 1 compliance requires owners of private buildings to:
- register, through the online Queensland Government ‘Safer Buildings’ web portal, the owner’s name and the address of the owner’s private building; and
- submit a completed Combustible Cladding Checklist (Part 1) for the building to the QBCC by using the same online system.
Private buildings owners risk facing penalties where they miss the 29 March 2019 deadline.
Owners of affected private buildings will then have until 29 May 2019 to meet the Stage 2 compliance obligations, these being:
- obtain and submit a “building industry professional statement” to the QBCC; and
- submit a completed Combustible Cladding Checklist (Part 2) for the building to the QBCC through the same online system.
Should you wish to discuss any matters arising out of this article, please contact the author:
Adam Raleigh , Special Counsel
D +61 7 3223 9116
F +61 7 3221 5518
M +61 0402 242 737
Andrew Davies-Evans , Lawyer
D +61 7 3223 9125
F +61 7 3221 5518
Broadley Rees Hogan (BRH Lawyers) is an independent firm, specialising in corporate, commercial, property, construction and litigation. Based in Brisbane, we act for clients across the country and internationally – for an unassuming firm, we know how to deal big.