Stage 3 Cladding Update

Bodies Corporate must give a hard copy Fire Engineer’s statement to all of the building’s occupants within 60 days… and ongoing.

The QBCC have confirmed that all owners AND tenants must be given a full copy of the report within 60 days of receiving the report.

Bodies corporate with affected buildings under Part 4A of the Building Regulation 2006, (“the Cladding Regulation”) must be aware that there are ongoing disclosure requirements as per clause 16ZB of the Regulation.

Within 60 business days after the fire safety risk assessment is given to the owner of the building (in this case, the body corporate), bodies corporate are required to give a copy of the assessment to lot owners and tenants or within 60 business days after the person’s name is entered on the body corporate’s roll. If there is no body corporate roll kept for the building, the owner must, within 60 business days after the building fire safety risk assessment is given to the owner, leave a copy of the assessment at, or post a copy of the assessment to, the address of each lot in the building. This requirement is in place for 7 years unless the cladding is removed, and a certifier has assessed the building complies with the BCA.

Buildings that are in stage 3 of the Cladding Checklist are required to have obtained a Fire Engineers Statement and Building Fire Safety Risk Assessment. If a fire engineer determined a building has a fire risk the body corporate must ensure they perform the following actions:

• An affected private building notice must be displayed in a prominent location in the foyer.
• All building occupants (including tenants) as well as owners who are not residents must be given, within 60 days, a full copy of the Building Fire Safety Risk Assessment. The Regulation says the documents must be “given” to each affected lot owner and tenant. Under section 39 of the Acts Interpretation Act 1954 this means that the document may be sent by post, delivered in person, or sent by fax or telex to the lot owner or tenant.
• Bodies corporate should be aware that it must be a hard copy that is provided to all owners (including non-occupying owners), and all tenants/leaseholders.

Read the full QBCC Fact Sheet here.

If you have any concerns regarding this requirement for bodies corporate please contact us at advocacy.qld.@strata.community

This article was first published by Strata Community Association QLD on 30 July 2021.