Deadline looms for registration of buildings with combustible cladding
New laws requiring building owners to register buildings with external combustible cladding start to bite on 22 February 2019, which is the first of the deadlines for owners to register buildings, for buildings which were occupied before 22 October 2018.
For more information about the Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2018 (Regulation), please see our earlier edition, which can be viewed here.
The Regulation applies to the following building types:
Owners of such buildings which are two or more storeys should act now to register their building through the NSW Cladding Registration portal if the building has:
Owners of buildings occupied after 22 October 2018 will be required to register their building within four months of the building first being occupied.
The penalty for non-compliance is $1,500 for an individual and $3,000 for corporations.
Editorial: Christine Jones & Lauren Stables
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New South Wales
Combustible Cladding Registration due 22 February 2019
Under the new Regulations, owners of certain buildings with external combustible cladding are required to register their building with the NSW Government through the Cladding Registration portal. The deadline for registration is 22 February 2019. Owners of new buildings will be required to register their building within four months of the building first being occupied. More...
New dates for Environmental Planning & Assessment Act updates
Councils, certifiers and other industry practitioners have more time to implement some of the recent EP&A Act updates. Changes affect new provisions for building and subdivision certification, Local Strategic Planning Statements for councils in the Greater Sydney Region and Community Participation Plans. While most of the changes will commence on 1 March 2018, there will be a number of other changes that will involve further design and consultation.
Harrison v Riley  NSWCATAP 31
(1) Leave to appeal is refused.
(2) The Appeal is dismissed.
APPEAL – Parties to contract – whether error in conclusion that work not undertaken with due care and skill – evidence.
Defective building work.
Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Corporations Act 2001 (Cth).
Dassouki v Department of Fair Trading  NSWCATOD 14
(1) The decision under review is varied by shortening the period of disqualification from 12 months to 6 months.
(2) This decision will take effect after the expiration of 28 days from the date of the decision.
LICENSING – Disciplinary action against holder of contractor licence – improper conduct – fit and proper person – officer of company found to have contravened legislation – appropriate disciplinary action.
Administrative Decisions Review Act 1997 (NSW); Crimes Act 1900 (NSW); Home Building Act 1989 (NSW).
New South Wales
Proclamations commencing Acts
Protection of the Environment Operations Amendment (Asbestos Waste) Act 2018 No 80 (2019-18) — published LW 25 January 2019
Christine Jones, Partner - Construction & Infrastructure (Dispute Resolution)
T: +61 2 8083 0477
Divya Chaddha, Associate
T: +61 2 8083 0457
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
Published by Christine Jones, Lauren Stables