The Claddostrophy – What Is the Combustible External Cladding crisis?

1 min read

The Building Products (Safety) Act 2017 (BPA) was passed to regulate building products that are
unsafe or could be deemed a safety risk. The catalyst for the BPA was the well-known Lacrosse fire in
Melbourne in 2014, the Grenfell fire in London in June 2017 and most recent the Neo
Apartments in Melbourne, which all involved combustible external cladding.

By 22 February 2019, buildings with combustible external cladding require registration with the NSW
Government (click here to register). However, as new legislation rolls out there are more questions
than answers.

A critical question for Strata Managers and Owners Corporations is whether you should register your
building if external cladding was used in its construction.

The answer is never straightforward, however in short it’s not just a question of whether the
external cladding used on your development is combustible or not, so don’t go running a test! It’s
whether the external cladding is defined as combustible by the Environmental Planning and
Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulations 2018
(EPA Cladding Regulations).

‘External Combustible Cladding’ means:
(a) Any cladding or cladding system comprising metal composite panels, including aluminium,
zinc and copper, that is applied to any of the building’s external walls or to any other external
area of the building, or

(b) Any insulated cladding system, including a system comprising polystyrene, polyurethane or
polyisocyanurate, that is applied to any of the building’s external walls or to any other
external area of the building.

It’s clear that the EPA Cladding Regulations define external combustible cladding by which specific
materials it contains, so it’s imperative that Owners Corporations and Strata Managers obtain either
original technical documentation on external cladding or expert advice on its composition. Failure to
register external combustible cladding by the deadline could cause legal problems.

Talk to us about it if you think the new regulations may apply to your building.

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Picture of Authored By<br>Raea Khan

Authored By
Raea Khan

Director Lawyer, PBL Law Group

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Anita Bradley has been an absolute dream to deal with. Anita's conveyancing skills and knowledge knows absolutely no boundaries along with her effective communication skills which has made selling and buying a completely stress free exchange for us. We recommend PBL Law to everyone looking for outstanding service. We will definitely be returning clients.
Kushlan Aluwihare
PBL Law Group were fantastic. Anita from PBL worked with us closely during our property search and made the exchange and settlement process smooth and stress free. Highly recommended.
Gail Whitford
PBL handled my late mothers estate, they were very obliging and patient with any and all questions that we had, thank you to David , Sharon and the other staff that we dealt with, everyone was so easy to talk to and friendly .David came to the home where my Mother was living and helped her to get her will in order, Sharon helped us through the process of executing her wishes when the time came even doing a house call which was so much easier, thank you all so much
S M
I have experienced an excellent service from PBL (especially from Anita) during the sale of my recent property on Central Coast, and during the purchase of our current property in Sydney. Throughout many challengers, especially with the sale, Anita presented her very professional and knowledgeable conveyancer, positively solving all obstacles. "Above and Beyond" Award going to Anita!!! :-)
Amanda Reitzin
The five-star reviews are well-deserved. I needed a motion and a bylaw drawn up for urgent repairs of my strata unit and the AGM was in two weeks' time. My solicitor was friendly, efficient, knew what documents to ask for, and had all the paperwork prepared well within the timeframe. She also took the time to run through all the legalese and the different possible scenarios with me to make sure I understood. I am so glad to have found this firm and I will not hesitate to use their services again in future if the need arises.
Ricky Cooper
Anita is amazing! So attentive, approachable and communicates everything every step of the way. I have now bought and sold property with Anita and I cannot recommend her highly enough.
Ron Thomsen
Our Commercial Property conveyancing was handled very professionally. Anita’s experience and responsiveness was an asset in this transaction.
Trace M
I am so grateful for Anita Bradley from PBL Law Group helped me with this property settlement, she has went above beyond to ensure I understand everything because of our deafness. I will recommended Anita or their team. Thank you so much for all the hard work you have done for us.
Tricia Wheatstone
For almost 18 months I have been a client of Alex Ilkin. Alex is very knowledgeable and professional and has consistently provided me with thorough, honest and well set out advice, including steering my case through appeal proceedings. He always worked for my best interests with integrity and compassion. I recommend Alex and his team at PBL.