New regulations for combustible cladding
From 1 October 2018, amendments by the Building and Other Legislation (Cladding) Amendment Regulation 2018 (QLD) (the Regulation) to the Building Regulation 2006 (QLD) require owners of private buildings to undertake a three-stage process, managed through an online system, to identify whether a building is affected by combustible cladding.
Buildings covered by the Regulation are class 2-9 buildings of Type A or Type B construction for which building approval was given after 1 January 1994 and before 1 October 2018.
The Queensland Building and Construction Commission (QBCC) is the regulator responsible for the online checklist and register.
For further information on the three-stage rollout, see the QBCC website.
Duties of an owner on sale of affected property
A change of building ownership attracts statutory duties for building owners. If one or more of the relevant stages has been completed, an owner must give the new owner:
- notice, in the approved form, about the extent to which the original owner has complied with Part 4A; and
- copies of each document given by the original owner to the QBCC under Part 4A.
They must also give the QBCC a copy of the notice given to the new owner. Failure to do so may attract a maximum penalty of up to 20 penalty units.
The By Lawyers Conveyancing (QLD) publication has been updated accordingly.