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Building rectification

On this page you can find out about enforcements and actions to rectify combustible cladding.

You can also find out about funding options for rectification.

The Audit

The Statewide Cladding Audit program has identified buildings with combustible cladding (Aluminium Composite Panels and Expanded Polystyrene) in scope of the Audit and undertook inspections to ascertain the level of risk to occupants. For more information about the audit go to auditing combustible cladding in Victoria. The next steps are based on the findings of the assessment and inspection.

The Victorian Building Authority (VBA) complies with all directions from the Department of Health when inspecting and assessing buildings.

Enforcement

Based on the findings of the inspection the Municipal Building Surveyor (MBS) may issue any of the following:

  • Building Notice
    • A Building Notice starts the conversation between building owners and the MBS about the issues identified and detailed in the notice. The notice requires owners and/or their representative to 'show cause' why they should not address the issues detailed. Owners must provide a 'show cause' response or representation by the prescribed date on the notice.
  • Building Order
    • A Building order be served to the owners following insufficient ‘show cause’ provided. The Building Order ‘orders’ owners to complete the building work that is required by a prescribed date.
  • Building Order – Minor Works
    • A Building Order – Minor Work may be issued by the MBS requiring works of a minor nature to be completed to reduce the risk and increase safety to occupants.

Emergency Order

An Emergency Order can be issued by an MBS which requires immediate action, generally within 24-48 hours, if they are of the opinion that the order is necessary because of a danger to life or property arising out of the condition or use. The MBS (from local council or VBA) assesses the emergency works and, once satisfied the fire risk of the building has been reduced to an acceptable level, removes the emergency order.

Response to enforcement

Emergency orders must be immediately actioned by owners or owners corporation, which may involve carrying out works or implementing the specified safety measures within a prescribed time frame.

For a building notice, owners or their representative should arrange to meet or discuss the particulars of the enforcement issued by the MBS to develop a rectification and management strategy, including setting timeframes for issues to be resolved by which align with the prescribed date to comply with the enforcement.

For higher-risk buildings, where the VBA is the MBS, risk-reduction strategies may be proposed by the VBA to assist and guide owners to comply with enforcement about works that should be done to fix the building.

SECTION 32A - The building notice or an emergency order in force must be disclosed on Section 32 statements to ensure prospective purchasers are aware.

Rectification work

Rectification work are the changes you need to make to your building as directed in the enforcement. Depending on the enforcement, you may need to apply for a Building Permit before commencing rectification work. You may need to engage or consult with some or all the following types of practitioners and consultants for the rectification work:

  • Builder
  • Quantity surveyor
  • Draftsperson/designer/architect
  • Fire safety engineer
  • Civil engineer (structural)
  • Services engineer (fire, hydraulic, electrical, civil, mechanical)
  • Project manager

For major building works, such as full replacement of combustible cladding, building owners should seek quotes from at least three builders. During rectification works, owners should be aware that more safety risks can arise during the removal and replacement of combustible cladding, and thus quotes, costs and scope of work may sometimes vary.

Option to appeal Enforcement to the Building Appeals Board

The Building Appeals Board (BAB) hears appeals and disputes in cases where doubt, disagreement or dissatisfaction arises around aspects of a building project. The BAB is an independent and impartial decision-making tribunal, it cannot provide advice.

A person working on a building project who is dissatisfied with an authority's decision under the Building Act 1993 may apply to the BAB to have the decision reviewed or appealed. Owners have the right to appeal a decision regarding any enforcement (including a refusal to cancel enforcement), for a period of 30 days from issue.

In some instances, an application to the BAB will be facilitated by the VBA to determine if the VBA recommended risk-reduction strategies implemented by the owners would bring the building into compliance with relevant regulations.

The BAB can also hear appeals by owners against building notices and orders. Read more about the BAB on the VBA’s website here.

Other disputes

Depending on the nature of your problem, there are different organisations who can help you with your issue. To learn more about who can assist with a dispute, head to the problems and complaints page here.

Occupancy permit

An occupancy permit and essential safety measure maintenance schedule may be required to be amended by the MBS. Read more about what your building may require following inspections where your MBS has deemed the building safe for occupancy. Once rectification work has been satisfactorily complied with and been verified by the MBS, the enforcement will be cancelled.