The Queensland Government’s care package to Bodies Corporate

Good news for bodies corporate! The Queensland Governmenthas announced an extension to the compliance period for the next two (2) stagesof its Safer Buildings Program.

All bodies corporate comprising of a class 2 to 9 building,of Type A or B Construction and built (or cladded) after 1 January 1994 andbefore 1 October 2018 were required to register their details on the SaferBuildings website and upload their completed Combustible Cladding Checklist (“the Checklist”) by 29 March 2019. Ifyou believe your building falls within one of these categories and you have notyet registered your building, contact the Queensland Building and ConstructionCommission (“QBCC”) immediately, oralternatively contact our office. Failing to register your building may see thebody corporate prosecuted and fined by the QBCC for its non-compliance.

If, after submitting Part 1 of the Checklist, the QBCC’sonline system determined that your building remains potentially affected bycombustible cladding, the body corporate will be required to proceed with Part2 of the Checklist. Following completion of Part 2, the online system may thenindicate the body corporate is required to complete Part 3.

After consultation with peak bodies in May, the Minister for Housing and Public Works, Mick de Brenni, extended the deadline for compliance with Part 2 from 29 May 2019 to 31 July 2019 and Part 3a from 27 August 2019 to 31 October 2019, with stage 3b still to be completed by 3 May 2021. Even though the extension has given bodies corporate some breathing room, this does not mean bodies corporate should be complacent.

Part 2 of the Checklist requires the body corporate toengage a building industry professional to provide a building industryprofessional statement to assess the building’s attributes against the requirementsof the Building Code of Australia. Ultimately, this statement will determinethe type of construction and provide advice to the body corporate on whetherany combustible cladding products are contained within the external wall oranother external part of the building. If the building industry professionalstatement determines the building is not affected, the QBCC online system willautomatically exclude your building from further consideration.

When engaging a building industry professional to providethis statement, the body corporate should ensure the person they are engaginghas the appropriate qualifications as required by the Building Regulation 2006 (“theRegulation”). Under the Regulation, a building industry professional isconsidered a:

1. Buildingcertifier (Level 1);
2. Builder(Open Licence);
3. BuildingDesign (Open Licence);
4. FireSafety Professional;
5. PractisingArchitect; and
6. Practising Professional Engineer (CivilEngineer, Fire Engineer, Fire Safety or Structural Engineer).

For a building that is no more than 3 storeys and has atotal floor area of less than 2,000m², a building industryprofessional may also be a building certifier (Level 2) or a person who holds alicence in the class of Builder (Medium Rise) and/or Building Design (MediumRise).

Notably, in the media statement announcing the extension,the Minister encouraged property owners (including bodies corporate) to ‘shoparound’ and get their building assessed at a competitive price. This is amidstconcerns some building professionals were charging exorbitant fees to propertyowners to prepare a building industry professional statement for lodgement withPart 2 of the Checklist.

Whilst the QBCC is currently examining allegations that somebuilding industry professionals are potentially overcharging, we recommend bodiescorporate obtain more than the mandatory two (2) quotes from qualified buildingindustry professionals so that the body corporate can be certain it is notbeing overcharged. It is also imperative bodies corporate obtain these quotessooner rather than later (if not already) to ensure decisions are made in acomplaint manner.

We previously put together a facts sheet with information to help bodies corporate understand their obligations under the Safer Buildings Program. Please see our updated facts sheet here, reflecting the extended timeframes for compliance. As always, we are here to help. If you have a question, please contact us.

Disclaimer:
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.