Following the 2017 Grenfell Tower fire, the Queensland Government amended the Building Regulation 2006 to add new laws regarding combustible cladding, which took effect in Queensland from 1 October 2018.
On 1 September 2021 the Department of Energy and Public Works remade the Building Regulation 2006. The Building Regulation 2021 provides transitional arrangements that continue the combustible cladding obligations for private building owners in Part 4A of Building Regulation 2006. It also enables a person to be prosecuted for an offence under the expired combustible cladding provisions.
Safer Buildings Taskforce
In 2019, the Queensland Government established the Safer Buildings Taskforce to:
- oversee the ongoing assessment and rectification of combustible cladding materials on Queensland buildings
- review the availability and quality of safer buildings program data
- provide advice to the Minister on the need for a legislative framework to compel rectification of buildings affected with combustible cladding if necessary.
The Taskforce ceased on 30 June 2023, after providing advice to government in response to its Terms of Reference.
Following consultation with the Ministerial Construction Council, the Taskforce developed options for government to consider how to address the following issues:
- what steps the government should take to make privately-owned buildings with an identified cladding fire risk safe
- whether owners and the building industry should be provided with support and guidance to ensure appropriate rectification solutions are developed and if so, in what form.
The Department of Housing, Local Government, Planning and Public Works is continuing this work.
For further information about this work and cladding rectification, please visit the Department’s website: Managing combustible cladding in Queensland
Building owners
Queensland building owners should refer to Building Regulation 2006 for their obligations and visit the Safer Buildings website for all necessary information for the combustible cladding checklist, including the criteria for building owners to register their buildings and instructions to complete the process.
Building occupants
If you are concerned about the safety of the cladding on a building in which you work, rent or own a unit, you should contact the building's owner, manager or body corporate. They will be able to confirm if the building was required to complete the combustible cladding checklist. For privacy reasons, the QBCC cannot share information about affected buildings.
For information on building owner obligations to occupants, visit the Safer Buildings website.
Approved way for giving documents to the QBCC
Detailed below are the different approved ways for giving documents to the QBCC under Part 4A of the Building Regulation 2006.
Approved Way for all documents required under Part 4A of the Building Regulation 2006 (except for replacement checklists, compliance notices and compliance certificates)
The approved way for giving all documents to the QBCC under Part 4A of the Building Regulation 2006 (except for giving a replacement checklist, compliance notice and compliance certificate) is:
- using the online system to give the document to the QBCC; or
- a person may, on consent by the commission, give the QBCC documents by email, post or through an approved cloud-based document sharing platform.
Approved way for replacement checklist
Under section 16ZQ of the Building Regulation 2006, a building owner can submit an application to QBCC to replace their checklist. The building owner or their registered agent must submit a Form 75 - Replacement Checklist in their application.
We will consider if the request for a Replacement Checklist is reasonable in the circumstances and notify you if your request has been approved or not. If the application is approved, you will be advised by the Building Safety and Standards Enforcement Team (formerly known as Safer Buildings Qld) and sent an approval email with instructions.
Process to commence your replacement checklist
The following steps detail the process for an approved way to replace a checklist:
-
You must first receive your approval email from the QBCC permitting the replacement of a checklist.
-
We will provide you a fact sheet based on your specific circumstances to guide you through the process.
-
After logging in, follow the instructions on the fact sheet. Start at Part 1 and proceed to answer all questions based on your current situation.
-
Upload all relevant documents to the system as required, including Statutory Declarations that have been signed and witnessed.
-
Email qbcc.saferbuildings@qbcc.qld.gov.au advising you have replaced the checklist and we will take the required action in relation to your original checklist.
The approved way to replace a checklist is available on the fact sheet: Approved Way - Replacement Checklist.
Approved way for compliance notice
If a cladding fire risk has been identified at a building, the building owner is required to display a Form 42 - Affected Private Building Notice.
The building owner must submit a Form 76 - Compliance Notice with photographic evidence to demonstrate to us that the Affected Private Building Notice is appropriately displayed. The approved way to provide this form and information is via email to qbcc.saferbuildings@qbcc.qld.gov.au
Approved way for compliance certificate
If a building certifier gives the owner a compliance certificate stating the combustible cladding complies with the BCA, the building owner is required to give the QBCC a copy of the compliance certificate within the period:
- starting on the day the building certifier gives the owner the compliance certificate; and
- ending 5 business days after the day mentioned in the bullet point above.
The approved way to give the compliance certificate is via email to qbcc.saferbuildings@qbcc.qld.gov.au
Safer Buildings
Your obligations as a building owner to keep occupants safe.
