Update: flammable cladding on buildings in Queensland

WHO SHOULD READ THIS

• Owners of buildings which may have flammable cladding on the exterior of the buildings.

THINGS YOU NEED TO KNOW

• The Non-Conforming Building Products Audit Taskforce in Queensland has handed down its status report on 17 May 2018.

WHAT YOU NEED TO DO

• Be aware that up to 12,000 privately owned buildings in Queensland may require investigation as to the presence of flammable cladding.

The Audit Taskforce investigating flammable cladding on buildings in Queensland has issued its status report on 17 May 2018.

The Taskforce was established on 30 June 2017, and has targeted buildings constructed or renovated from 1994 to 2018.

In respect of government buildings, the Taskforce investigated 879 buildings, and identified 71 buildings with potential aluminium composite cladding (ACP), although the report advises that none of those buildings pose an imminent risk to safety as they have robust fire safety systems.

In respect of private buildings, the Taskforce has indicated that around 12,000 private buildings are likely to require review, and expects that up to around 10% of privately owned buildings across Queensland may need some detailed assessment. The report advises that an initial list of private buildings to be audited will be cross-checked with Local Government Authorities, and provides a proposed flow chart for further steps.

Under the proposed review, the Taskforce will be sending letters to private building owners, who will be required to undertake an initial self assessment to scope if their building is impacted. If the building is in scope, the building owner will then engage industry professionals to test the cladding and provide a fire report. If rectification is required, such rectification will be undertaken in conjunction with a building certifier being consulted, who will be responsible for inspecting and issuing certification at completion.

Upon completion of the rectification works, the Local Government Authorities will be notified and a compliant building list will be generated.

Separately, the Taskforce report recommends that the building legislation in Queensland be amended to clearly articulate a robust fire safety standard for combustible facades, which may potentially require amendments to the Planning Act 2016 (Qld), the Building Act 1975 (Qld), the Professional Engineers Act 2002 (Qld), the Queensland Building and Construction Commission Act 1991 (Qld), and subordinate legislation.

If you think you may be affected by combustible cladding or other non-compliant building products, we encourage you to contact McCullough Robertson for further advice regarding your potential exposure, insurance position and the best response for your particular circumstances.

McCullough Robertson can provide assistance on how to arrange such audits (particularly given the safety risks involved).

This publication covers legal and technical issues in a general way. It is not designed to express opinions on specific cases. It is intended for information purposes only and should not be regarded as legal advice. Further advice should be obtained before taking action on any issue dealt with in this publication.