$1.1m fines, jail time for non-compliant combustible cladding in effect in NSW

The ban itself works retroactively; it applies for past, present and future buildings, both built and being built.

Ben Robertson, special counsel at Carroll and O’Dea Lawyers said that the clock is now ticking for building owners and strata corporations to comply with the ban.

“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,” Mr Robertson said.

“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.”

Property owners and strata bodies can be charged with a rectification orders under the Building Products (Safety) Act, which requires them to change out the now-illegal cladding. Failure to do so can result in fines of up to $1.1 million per day plus $110,000 per day the cladding is not changed for corporations, and up to $220,000, two years in jail and $44,000 per day the cladding is not changed for individuals.