The Building Products (Safety) Bill 2017 was passed by parliament on 23 November 2017 and assented to on 30 November 2017. The Building Products (Safety) Act 2017 (NSW) will commence on a date to be appointed by proclamation. No proclamation has been made yet. The key points of the Act are explained here.

Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2017

As part of the suite of reforms to combat the dangers associated with combustible cladding on buildings, a draft regulation has been introduced under the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act). The draft Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2017 (the Regulation) would require building owners to notify and register with the NSW Government if their building has combustible external wall cladding. The Regulation also requires building owners to undertake a fire safety assessment if necessary.

The building owner would be required to provide the Secretary of the Department of Planning and Environment with:

  1. details of the building and the combustible cladding; and
  2. a cladding statement which provides:
    1. that the cladding on the building has been inspected by a properly qualified person (the inspector);
    2. the inspector’s opinion as to whether the cladding presents a risk to the safety of persons or to the spread of fire, in the event of a fire; and
    3. details of actions necessary to address any such risk.

An authorised fire officer or the council for the area where the building is located would also have power to direct a building owner to provide details of the building and the combustible cladding.

The Regulation would not apply to:

  • separate houses;
  • outbuildings;
  • residential buildings under two storeys; or
  • non-residential buildings under three storeys.

The Regulation is open for public consultation until 16 February 2018. For more information please see the Department of Planning and Environment website.