On 1 February 2021, the Victorian Government banned the use of certain types of Aluminium Composite Cladding (ACC) in certain circumstances.
What is banned?
ACC with less than 93% inert (or non-combustible) material is now banned from use in future buildings which fall into either of the following categories (also known as Type A and Type B in the Building Code of Australia Vol 1):
- Residential buildings (including public buildings such as hotels and aged care facilities) with more than 2 storeys; and
- office buildings, shopping centres, warehouses, parking structures and factories with 3 or more storeys.
When does the ban apply?
The ban applies to any application for a Building Permit made after 1 February 2021 for a building in Victoria.
Who is covered by the ban?
Any person who is involved in the carrying out of the building work in question – not just the Building Surveyor.
Further Information
Further information on the Victorian Government’s ban can be obtained from this site:
https://www.vic.gov.au/banning-dangerous-cladding-and-keeping-victorians-safe
What’s happening in WA in relation to ACC?
The WA Government has already concluded a significant and comprehensive audit of ACC in WA – the report of which can be found here:
https://www.commerce.wa.gov.au/sites/default/files/atoms/files/final_state-wide_cladding_audit_0.pdf
Local Governments have been working with the State Government, the Building sector, building owners and occupiers to deal with the issue of ACC in the existing buildings for a considerable period of time. Usually, this takes the form of the issuing of Building Orders by the Local Government.
Building Orders are a very effective tool for the rectification of unsafe buildings which are already in existence, however any rectification will take time.
Kott Gunning is providing legal advice and representation in SAT in relation to a number of Building Orders for local governments dealing with the ACC and other similar safety issues.
If you need assistance on a similar issue please contact Anne Wood, Kott Gunning Local Government Partner on awood@kottgunn.com.au or 9321 3755.
The information published on this website is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.