The majority of the Building Products (Safety) Act 2017 (NSW) (the Act) commenced on 18 December 2017. 

The Act was introduced to address safety risks arising from the use of non-conforming building products in New South Wales, partly in response to the tragic fires at the Lacrosse Tower in Victoria in 2014 and the Grenfell Tower in London in 2017.

The Act provides the Fair Trading Commissioner with the power to ban specified uses of a building product when satisfied on reasonable grounds that the particular use is unsafe.

The use of a building product in a building will be deemed unsafe if there is a safety risk posed by the use of the building product in the building. A safety risk will arise if any occupants of the building are or will likely be at risk of death or serious injury arising from the use of the building product in the building, even if the risk will only arise in certain circumstances or if some other event occurs like a fire.

Follow this link for a more detailed overview of the Act.

What next?

No regulations complementing the Act are yet available, nor has the Fair Trading Commissioner issued any building product use bans. It remains to be seen how the new powers will be used and the extent of consultation which will be entered into before a ban is issued. 

Schedules 2.1, 2.3[3], 2.4[4] and 2.5 are yet to commence and will come into force upon the commencement of certain sections of the Environmental Planning and Assessment Amendment Act 2017 (NSW) and the Environmental Planning and Assessment Act 1979 (NSW).

Authors: Christine Jones and Eleanor Grounds


Contacts:

Sydney

Christine Jones, Partner 
T: +61 2 8083 0477 
E: christine.jones@holdingredlich.com

Scott Alden, Partner 
T: +61 2 8083 0419 
E: scott.alden@holdingredlich.com

Helena Golovanoff, Partner 
T: +61 2 8083 0443 
E: helena.golovanoff@holdingredlich.com

Brisbane

Troy Lewis, Partner & National Head of Construction and Infrastructure 
T: +61 7 3135 0614 
E: troy.lewis@holdingredlich.com

Stephen Burton, Partner 
T: +61 7 3135 0604 
E: stephen.burton@holdingredlich.com

Suzy Cairney, Partner 
T: +61 7 3135 0684 
E: suzy.cairney@holdingredlich.com

Melbourne

Stephen Natoli, Partner 
T: +61 3 9321 9796 
E: stephen.natoli@holdingredlich.com

Kyle Siebel, Partner 
T: +61 3 9321 9877 
E: kyle.siebel@holdingredlich.com


Disclaimer

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 publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. 

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