On 12 March 2018, the Development (Building Cladding) Variation Regulations 2018 came into effect. These regulations varied the Development Regulations 2008 as follows:
· definitions for “designated building” and “designated building product” were inserted into regulation 3;
· regulation 74(1) was amended to require licensed building work contractors/building owners (as relevant) to provide 1 business days’ notice of the commencement of the installation of designated building products;
· regulation 74(7a) was inserted to require a supervisor’s checklist to be provided within 1 business day of providing notice of the installation of the designated building product, with such checklist required to be signed by a registered building work supervisor;
· regulation 83 was amended such that a council (or private certifier) cannot dispense with the requirement for a Statement of Compliance to be provided where designated building products have been used in building work undertaken on or after 12 March 2018; and
· Schedule 5 was amended such development applications for particular buildings or using particular building products designated by the Minister to be accompanied by a form designated by the Minister.
The relevant notices required to give meaning to “designated building”, “designated building product”, the supervisor’s checklist and Ministerial notices were Gazetted on 20 March 2018.
Copies of the notices can be found at this link.
Of particular importance:
· Class 2, 3 and 9 buildings consisting of two or more storeys and Class 5, 6, 7 and 8 buildings of three or more storeys are “designated buildings”; and
· building products consisting of metal panel or lining formed with an aluminum or similar thin sheet material (i.e. ACM products) are “designated building products”.
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