Frequently Asked Questions
What is the Victorian Government doing about the combustible cladding issue?
The Victorian Government established the Victorian Cladding Taskforce to investigate the non-compliant use of building materials in Victoria.
On behalf of the Victorian Government, the VBA is leading a statewide audit of:
- apartment complexes, motels and hotels (three storeys and above);
- buildings where Victorians gather as a large group, such as sporting areas; and
- schools, private hospitals and aged care facilities (two storeys and above).
The Department of Environment, Land, Water and Planning is leading an audit of government buildings in Victoria.
How can I find out if my building has combustible cladding attached to it?
Firstly, you should speak to your owners' corporation or building manager. They should be aware if your building has been audited, and what the results were.
If your building is found to have at-risk cladding, it does not necessarily mean your building is unsafe.
If your owners' corporation or building manager do not know, you can ask them to request relevant documents from your local council or the relevant building surveyor who granted the occupancy permit for your building.
Your local council or relevant building surveyor should have access to relevant building documents, such as building permits and drawings, that will provide further information about your building.
You may also consider seeking advice from a private building surveyor or fire engineer about your building.
Now is a good time to review your fire safety practices.
Follow the fire safety tips for balconies and courtyards, and talk to your owners' corporation about maintaining your building's essential safety measures.
Essential safety measures are designed to protect the occupants of your building, and the building itself, from fire. Safety measures include:
- fire doors
- fire hydrants
- smoke and heat detectors; and
- emergency exit signs.
I live in/own an apartment in a building that is more than three storeys high. Will my apartment complex be audited?
If your building was built after March 1997 and is three or more storeys high, it is likely your building will be inspected. Due to the number of audits required, the VBA is unable to give an indication of when this will be. Your owners' corporation will be advised before the audit takes place, and residents will be informed on the day of the inspection.
I own a two-storey townhouse in the outer suburbs of Melbourne. Is the cladding on my building combustible?
Two-storey townhouses will not be audited by the VBA, as they are less than three storeys in height and are typically not Class 2 buildings (apartment complexes and multi-residential buildings).
As a building owner, you can request your building's plans and drawings from your local council. You are also entitled to seek advice from a private building surveyor or fire engineer about the status of your building. Regardless of the outcome, now is a good time to review the fire safety measures in your home.
I want to buy an apartment in a building that has not been audited. What should I do?
The VBA recommends seeking legal advice and performing due diligence on how to proceed prior to purchasing the property.
You also need to satisfy yourself that the use of cladding on the building is compliant.
The VBA is unable to advise on individual circumstances.
Can I request an inspection of my building?
The VBA is not auditing buildings on request. If you have concerns about the use of cladding on your building, please contact your owners' corporation or building manager.
How will the Victorian Building Authority decide which buildings it will inspect first?
Buildings are prioritised based on a fire safety assessment.
The assessment is based on a number of factors, including the following:
- Known materials used on the building
- The use of the building
- Number of storeys
- Practitioner history
- Online images of the building
- If sprinklers are known to be installed or not; and
- Buildings known to house vulnerable residents, who may need help to leave a building quickly during an emergency.
This information is taken from various sources, including planning and building permits, and VBA intelligence.
How will I know if the VBA is going to inspect my building?
You should receive a letter from the VBA on the day of inspection.
Prior to the inspection taking place, owners’ corporations and landlords will also be informed.
Where possible, the VBA aims to give as much notification as possible to owners’ corporations – at least 48 hours.
Your owners’ corporation will be asked to actively inform residents about the inspections, and to provide fire safety tips for your home and balcony.
What happens during the inspection?
A building inspector visits your building and meets your building owner or owners' corporation.
Your council's Municipal Building Surveyor or a representative may also attend.
The inspector assesses cladding from the street and inside common areas, recording results in a risk assessment tool.
The inspector may ask if they can enter your apartment to assess cladding. They will show you official identification and explain why they are requesting entry. If you agree, you will be asked to sign a form that allows the VBA inspector to enter.
What happens after the inspection?
A panel of experts will review information collected during the inspection.
The panel of experts typically includes:
- A fire safety engineer
- A fire safety emergency expert from the Metropolitan Fire Brigade (MFB) or Country Fire Authority (CFA); and
- A building surveyor.
The experts will analyse the overall fire safety risk of your building and, if required, recommend steps to reduce the fire safety risk of your building.
These steps will be communicated to your owners' corporation and your council's Municipal Building Surveyor. The VBA will request that your owners' corporation or building owner keeps you informed of inspection results.
This may include recommending the Municipal Building Surveyor issues notices or orders to improve the fire safety of the building.
What advice is there for building owners, owners' corporations and facilities managers?
Visit the VBA's resources for owners' corporations webpage for advice.
Recommended fire safety actions for building owners, owners' corporations and facilities managers are outlined in a Victorian Cladding Taskforce advisory note. This note includes a fire safety checklist and guidelines for general building safety and risk assessments.
What is expanded polystyrene (EPS)?
Read the VBA’s fact sheet on expanded polystyrene.
What is an aluminium composite panel (ACP)?
Read the VBA’s fact sheet on aluminium composite panels.
What is the issue with using aluminium composite panels (ACP) or expanded polystyrene (EPS) on buildings?
These products are combustible and therefore a fire hazard, particularly on buildings with three or more storeys.
The Metropolitan Fire Brigade found that aluminium composite panels contributed to the rapid spread of the Lacrosse Tower fire in 2014.
Expanded polystyrene is combustible and may melt or ignite when exposed to temperatures above 100°C or an open flame.
Expanded polystyrene may also increase the risk of building collapse during a fire.
What is a building notice? What is a building order?
Building notices and orders are generally issued by a council's municipal building surveyor.
A building notice asks building owners to demonstrate how they will bring a building into compliance with the National Construction Code.
If the response to the building notice does not adequately address the identified issues, a building order may be issued.
The building order will set out the works required to bring the building into compliance with the National Construction Code, and when they need to be completed by.
Failure to meet the terms of the building order can lead to the building owner (or owners) being prosecuted.
If the required work is completed and signed off by the municipal building surveyor, the building order will be removed.
What is an emergency order?
Emergency orders are issued by a council's municipal building surveyor.
If your building is considered to present an immediate threat to your safety, your local council's municipal building surveyor has the power to order you to evacuate.
Evacuations are a last resort.
To prevent an evacuation, the municipal building surveyor may:
- Order the installation of additional early warning systems;
- Order regular training for occupants on how to evacuate the building efficiently;
- Order the engagement of a fire warden;
- Closely monitor the maintenance of all essential safety measures to ensure they are operational; and
- Enhance the maintenance schedule for essential safety measures.
What is the National Construction Code?
The National Construction Code is an initiative of the Council of Australian Governments that incorporates all on-site building and plumbing requirements into a single code.
The National Construction Code specifies the minimum requirements for the design, construction and performance of buildings throughout Australia. It contains three volumes:
- Volume One, Building Code of Australia – Class 2 to Class 9 buildings
- Volume Two, Building Code of Australia – Class 1 and Class 10 buildings
- Volume Three, Plumbing Code of Australia
What does "safe to occupy" mean?
The Municipal Building Surveyor has assessed a building and formed the opinion that people can continue to live in it.
What does a "non-compliant use of cladding" mean?
The type of cladding used on a building doesn't comply with the fire safety standards specified in the National Construction Code.
Can a building be safe to live in, but also non-compliant?
Yes. If a Municipal Building Surveyor considers a building safe to live in, despite that building using cladding materials in a non-compliant way, residents may continue to live in that building.
If this is the case, the Municipal Building Surveyor has made an assessment and found that:
- the building's fire safety measures (fire alarms, sprinkler systems, emergency warning systems, etc.) offset the risks of a fire event; or
- cladding on the building is minimal and of low-risk.
What fire safety measures do Australian buildings have?
Common fire safety measures in buildings such as apartments, hotels and hospitals include:
- fire sprinkler systems
- emergency warning systems
- emergency lighting
- emergency exit signage
- fire isolated exit stairs
- fire extinguishers
- multiple exits; and
- fire and smoke alarms.
Has my building been audited?
You should receive a letter from the VBA on the day your building is inspected.
Your owners' corporation or building manager will also be aware if your building has been inspected.
The VBA started inspecting buildings, and informing residents and owners' corporations, in December 2017.
Read the VBA's Inspections FAQs for more information about what to expect during an inspection.
Where can I find information on the initial cladding audit done by the VBA?
The VBA's External Wall Cladding Audit report is available on the VBA's website.
What is the difference between the VBA's cladding audit, and the Cladding Taskforce?
The VBA's cladding audit was designed to identify the extent of non-compliant external wall cladding materials in residential high-rise and public buildings.
The Victorian Cladding Taskforce was established to investigate, more broadly, the extent of non-compliant cladding on Victorian buildings. The main aim of the Taskforce was to ensure that the right systems are implemented to prevent the use of non-compliant building products in the future.
The Taskforce included representatives from WorkSafe Victoria, the Metropolitan Fire Brigade, the Victorian Building Authority, the Municipal Association of Victoria and Emergency Management Victoria.
Can you explain the shared responsibility in regulating Victoria's building industry?
Regulating Victoria's building industry is a shared responsibility reliant on co-operation, information sharing and accountability.
- Private building surveyors are primarily responsible for ensuring buildings are built in compliance with the building legislation, safe, accessible and energy efficient. Once appointed they are involved for the duration of the building project, issue the building permit if they are satisfied the design is compliant, carry out or organise mandatory inspections and are responsible for issuing occupancy permits or certificates of final inspection.
- Local government has oversight of all building work and building stock within their municipality and is responsible for addressing emergency situations. This oversight includes the use of statutory powers to ensure compliance with the Building Act.
- The VBA has oversight of registered builders and building surveyors. It can also take disciplinary or prosecutorial action for breaches of the building legislation.
A building surveyor is professionally trained in understanding the building control process. There are two types of building surveyor:
- Private building surveyors, and
- Municipal building surveyors
They are responsible for assessing building plans with a view to ensuring they comply with building legislation and the National Construction Code.
A registered building surveyor is authorised to:
- Assess building permit applications for compliance with the Building Act 1993, Building Interim Regulations 2017 and the National Construction Code;
- Issue building and occupancy permits and certificates of final inspection;
- Conduct building inspections at the mandatory notification stages;
- Serve directions to fix non-compliant building work; and
- Serve building notices and orders under the Building Act 1993.
The VBA monitors and enforces compliance with building legislation. The conduct of registered building practitioners is a primary focus. If a building surveyor does not meet certain standards, the VBA becomes involved. An example is outlined in the VBA's media release: Building surveyor loses battle to avoid cancellation of registration.
The VBA has the power to:
- Bring proceedings for any offence against building legislation;
- Apply for and execute search warrants;
- Require the production of documents or the giving of information to determine compliance with the Building Act or Regulations;
- Act as a municipal building surveyor in relation to any matter referred to the VBA by a private building surveyor; and
- Direct a municipal building surveyor or private building surveyor to carry out their functions.
Local government must appoint, employ or nominate a municipal building surveyor. The municipal building surveyor is often the first party to whom non-compliance with building legislation is reported by members of the community.
Local government has the power to:
- Administer and enforce building permits issued by the MBS;
- Act in circumstances where building work without a building permit has been identified by council;
- Take appropriate action where there is a known risk to health or risk of injury or death;
- Receive copies of building permits, occupancy permits, notices and orders from private building surveyors and maintain a register of these matters;
- Provide information as prescribed by the building regulations;
- Apply for and execute search warrants;
- Require the production of documents or the giving of information to determine compliance with building legislation; and
- Bring proceedings for offences under Part 3, 4, 5, 7 and 8 of the Building Act 1993.