18 Sep 2018

NSW Legislation Update: Combustible Cladding

Adele Carr

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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