Construction Law - Cladding Laws Change - Great News for Certifiers in Queensland
The Queensland Government has today announced its proposal to completely bancombustible cladding on all new buildings constructed within Queenslandfollowing discussions held by the Ministerial Construction Council yesterday.The proposal will see new regulations introduced into Queensland, banning allaluminium composite panels with a polyethylene core (which is commonlydescribed as flammable and non-compliant) of greater than 30 percent and restrictionson the use of combustible cladding across all buildings throughout Queensland.
Part of the proposals discussed at the Ministerial Construction Councilmeeting yesterday included the requirement for certifiers to declare thatcombustible cladding has not been used in the building and that no productsubstitutions occurred during the construction of the building. Anotherimportant proposal (perhaps the most noteworthy for our clients) is thepotential lift on licensing restrictions for certifiers, which would seecertifiers remain licensed even while holding professional indemnity insurancewith cladding related exclusions.
Minister for Housing and Public Works, Mick de Brenni said:
“By banning combustible cladding on new construction in Queensland, it means there doesn’t need to be an expense for certifiers in the form of exclusion free insurance,
“However, allowing insurance with exclusions is a time-limited solution that provides the industry with immediate confidence to continue operating.
“These proposals are designed to ensure that jobs growth in Queensland doesn’t slow and construction industry practitioners continue to remain in the industry.
“We’ve already seen insurers attempting to cut and run from the market by withdrawing their insurance products and that means they escape their obligations, and that’s not on.
“This has put at risk hundreds of thousands of jobs in the sector and it’s got the potential to impact homeowners who would be left holding the can if they have to pursue litigation with dodgy buildings.
“Certifiers provide a level of protection for homeowners and we need to keep them in the industry.
“Certifiers provide a level of protection for homeowners and we need to keep them in the industry.
“It means that as of today, the 400 licensed certifiers in Queensland will continue to be able to work tomorrow, and that means our record on job creation will continue, however subject to stringent conditions.”
What those stringent conditions will be specifically, we do not yet know. Mr de Brenni attests he is committed to ensuring the viability of Queensland's building and construction industry. We are advised the Queensland Government are currently considering “in-depth” recommendations before deciding on the next steps. We hope to see leading industry professionals given a say in this sphere before any impetuous decisions are made. Once those next steps are decided, you will be the first to know.
As always, we are here to help. If there is anything we can help you understand in the everchanging world of construction regulation, please call us.
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Reliance on content the material distributed is general information only. The information supplied is not and is not intended to be, legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice in relation to your specific situation.
