REINSW CEO Tim McKibbin said the Institute “welcomes a reform of the environmental planning and assessment legislation to address the safety risks posed by the use of combustible cladding on buildings.
“At the same time, the reform should allow for a pragmatic and more lenient transition that results in a clear, fair and simple to use system. We look forward to exploring the issues further with the NSW Government.”
REINSW’s Submission focused on issues addressed with the Department of Planning and Environment (Department) and which arises out of the consultation draft. Read the Submission in full here.
Here is a brief overview
REINSW proposes that local councils should not issue certificates or approvals unless they are satisfied the buildings comply with the relevant building codes and applicable legislation.
To assist local councils, the NSW Government should provide builders, developers and other professionals in the building design and construction industry with guidance and education on this issue.
Consumers, such as tenants, currently have no recourse under the Draft Regulation. Consideration should be given as to how consumer rights would be protected if combustible cladding is found on a building.
Whilst the Draft Regulation focuses on identifying buildings with combustible cladding, the Department should provide clarity and guidance for owners and strata or building managers as to the remedial process if combustible cladding is identified.
NSW Fair Trading has published guidelines for agents' responsibilities relating to fire safety and external wall cladding. They recommend that strata managing agents, building, property and maintenance managers and real estate agents should ‘review all design and construction documents to determine whether external wall cladding made of aluminium composite materials was used on the building.’
However, given that strata managers and agents don’t have the technical expertise to carry out this work, these guidelines should be amended, as any such documentation would need to be referred to experts.
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