In recent years, there has been growing concern about the use of combustible cladding materials in strata buildings across New South Wales (NSW). This issue came to light after the tragic Grenfell Tower fire in London that claimed 72 lives. It was discovered that the building's exterior cladding was the main contributor to the rapid spread of the fire. This incident raised questions about the safety of cladding materials used in buildings and sparked a nationwide investigation into their use.

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Understanding Cladding and its Risks

Cladding is an exterior covering that is installed on buildings for aesthetic purposes or to improve energy efficiency. It can be made from various materials such as aluminium, zinc, copper, or composite panels. While cladding can enhance the appearance and functionality of a building, it also poses potential risks if not installed correctly or made from combustible materials.

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The use of combustible cladding materials in high-rise buildings has been a major concern as it can quickly spread fire to upper levels. In addition to this, some types of cladding can release toxic fumes when exposed to fire, further endangering the lives of occupants and surrounding buildings.

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Types of Combustible Cladding

There are generally three types of combustible cladding that have been identified as potential hazards:

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1. Aluminium Composite Panels (ACP)

These panels consist of two aluminium outer layers and a core material, typically between 2-5mm thick. They are commonly used in sandwich-type panels.

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2. Expanded Polystyrene Systems (EPS)

These systems involve bulk foam insulation that is fixed to a structural frame and then sealed, rendered, and painted on the exterior walls of a building.

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3.Biowood

Biowood is a reconstituted wood plastic composite (WPC) product that is made up of a mix of reconstituted wood, UPVC, and additives. It is often used to give buildings the appearance and functional attributes of timber.

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Identifying Combustible Cladding

One of the challenges with combustible cladding is that it may not be visually distinguishable from other types of cladding. It can be made to resemble rendered brick, concrete, or solid wood, making it difficult for the untrained eye to spot.

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Moreover, not all aluminium cladding products are combustible. This means that even if a building has aluminium cladding, it does not necessarily mean that it is at risk of being affected by combustible cladding.

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The Dangers of Combustible Cladding

The main concern with combustible cladding is its ability to quickly catch alight and melt at low temperatures. This can lead to rapid spread of fire and potentially put the building's occupants in danger.

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In addition, the use of combustible cladding can also increase the severity of a fire by emitting toxic gases and smoke, making it harder for people to evacuate safely.

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Legal Framework for Cladding Issues in NSW

In response to the Grenfell Tower tragedy, the NSW government implemented new regulations to address cladding concerns. The Strata Schemes Management Amendment Act 2016 introduced a legal framework for identifying and rectifying potentially dangerous cladding on strata buildings. This amendment requires owners corporations to register their building with the NSW government and complete a cladding checklist to assess the risk level of their building.

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If a building is found to have combustible cladding, the owners corporation must develop and implement a plan for its removal or remediation within specified time frames. Failure to comply with these regulations can result in penalties for the owners corporation and individual lot owners.

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What Can Lot Owners and Owners Corporations Do?

As a lot owner, it is important to understand your responsibilities in relation to cladding issues. If you are concerned about the cladding on your building, you can request a strata committee meeting to discuss the matter and potentially initiate the process for a cladding assessment.

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Additionally, owners corporations are encouraged to seek professional advice from a fire engineer or other relevant expert to assess the building and determine the best course of action. This may include implementing interim safety measures, such as installing sprinkler systems or fire alarms, while waiting for cladding remediation.

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It is also important for lot owners and owners corporations to communicate openly and transparently throughout the process, keeping all stakeholders informed of any updates and progress. This can help alleviate concerns and ensure that everyone is working towards a common goal of making the building safe.

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Understanding Strata Law in NSW

In addition to the regulations set out in the Strata Schemes Management Amendment Act 2016, there are also other laws and regulations that apply to cladding issues in strata buildings in NSW.

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For example, the Environmental Planning and Assessment Act 1979 requires that all building work must comply with the Building Code of Australia. This includes the use of fire-resistant external wall cladding materials on certain types of buildings.

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Furthermore, owners corporations have a duty of care to ensure their building is safe for occupants and visitors. This means taking proactive measures to identify and address any potential hazards, such as non-compliant cladding.

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What Can Be Done About Cladding Issues?

If an owner or owners corporation becomes aware of potential cladding issues in their building, they should take immediate action. This may include conducting a comprehensive cladding assessment by a qualified professional to determine the extent of the issue.

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If it is confirmed that the cladding on the building is non-compliant, there are several steps that can be taken to address the issue. These may include:

• Registering with the NSW Cladding Registration portal

• Developing an evacuation plan in case of fire

• Undertaking interim safety measures while waiting for remediation

• Seeking legal advice on potential recourse against builders and developers responsible for the non-compliant cladding

 

It is important for owners and owners corporations to work together in addressing cladding issues. This may involve holding meetings, engaging with experts, and communicating regularly with all stakeholders. For any further inquiries or concerns regarding cladding issues in strata buildings in NSW, do not hesitate to contact us for legal advice.We understand the complexities and challenges that come with addressing cladding problems, and we are here to help you every step of the way. Our goal is to ensure that your rights as a lot owner or owners corporation are protected and that you have access to the best possible legal advice. So don't wait, reach out to us today for any assistance with your cladding concerns. We are dedicated to helping you find a resolution and create a safe and compliant environment for your strata building. Remember, it's important to take action and address cladding issues as soon as possible.