Sydney and NSW building owners on notice as new combustible cladding bans come into force

Strata corporations and building owners must act immediately to avoid million dollar fines and possible imprisonment as a result of a new ban on combustible cladding that comes into force in NSW.

Any cladding with a core comprised of more than 30% polyethylene is banned in NSW, with limited exceptions.

The state-wide prohibition affects any form of the combustible building material used in external cladding, external walls, external insulation, facades or rendered finishes for certain multi-storey residential and commercial premises.

The ban is retrospective and applies to buildings built before the ban came into force as well as those currently under construction as well as any future development.

Building owners and strata bodies of affected buildings can now be issued rectification orders under the Building Products (Safety) Act requiring them to undertake remediation and removal work.

If rectification orders are not acted upon corporations and strata body directors can face significant fines and in the case of individuals, imprisonment.

Using a product after it has been banned or failing to act on a building product rectification order may result in fines for corporations of up to $1.1 million for a corporation (with $110,000 continuing per day for each day the offence continues).

For individuals fines of up to $220,000 or imprisonment for 2 years or both (with $44,000 continuing per day for each day the offence continues), apply.


“The clock is now ticking for building owners and strata corporations to act and comply with this NSW wide ban”, said Carroll & O’Dea Lawyers’ Ben Robertson.


“It is clear that rectification orders will be issued for affected buildings obliging building owners to take action now to avoid fines and prison penalties.


“And even if no rectification notice has been issued, building owners and their representatives may be held personally liable if appropriate action isn’t taken and banned combustible building material is permitted by them to remain in existing buildings or used in new ones.


“It is very important that building owners seek legal advice as to their potential liability and how they can comply with these new measures”, said Mr. Robertson.


This article is originally published at AAP Medianet


Metis builds capacity for professionals to:

Our clients include: 
AECOM, Jacobs, WSP, GHD, Laing O’Rourke, Fulton Hogan, Vision Australia, NSW Health Infrastructure, The City of Parramatta, The Department of Infrastructure and Regional Development, SMEC, Norman Disney and Young. Learn more. 
Our programs are:

Related Posts

  • New approach needed for cities

    Read More
  • Aboriginal entrepreneurship in Victoria on the up

    Read More
  • Emerging Talent Preparation: How Colleges of Architecture and Design Are Ensuring Relevance of Emerging Talent

    Read More
  • Construction worker on Sydney Metro Northwest rail project hospitalised after falling 8 metres down unprotected hole

    Read More
  • Unit popularity heralds strong long-term capital growth

    Read More
  • Beta testing Sanitary Facilities Calculator released for feedback

    Read More
  • The Future of the Architecture Practice

    Read More
  • Is Zero Energy Achievable within Budget?

    Read More
  • CFMMEU fined again for bullying

    Read More
  • Quantstamp Releases Blockchain Security Protocol on Ethereum Network

    Read More