NSW Legislation Update: Combustible Cladding

18 Sep 2018

1. In response to the ongoing tranches of legislative and regulatory reform regarding

combustible cladding across Australia, New South Wales has recently banned the use of

certain cladding material and passed legislation requiring the identification of buildings

that have combustible cladding.

Building Products (Safety) Act 2017

2. On 15 August 2018, the Commissioner for Fair Trading, imposed a building product use

ban on aluminium composite panels with a core composition of greater than 30 per

cent polyethylene by mass.[1] The product ban relates to the use of the product in any

external cladding, external wall, external insulation, fa├žade or rendered finish in

specified classes of buildings with certain storeys, including residential and commercial

buildings. The product ban, however, does not relate to the product which has passed

particular Australian Standard tests.

3. The product ban was introduced after a call was made by the Commissioner on 23

March 2018 for public submissions as to whether a building product use ban was

warranted for the use of aluminium composite panels and/or polystyrene products,[2]

noting that similar bans are also in place in other states.[3]


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Adele Carr

Solicitor 2009
Barrister 2016


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TAGS:  Commercial