As most managers are now aware, Building Orders by way of a "Show Cause Notice" have been sent to many Owner Corporations, requiring that Expanded Polystyrene (EPS) or Aluminium Composite Panels (ACP) cladding be removed.
During 2019 and 2020, Ministerial Order 14 dictated that the use of ACP or EPS could only be decided upon by the Building Appeals Board (BAB). The right of the Building Surveyor to approve either of these two products was removed by Ministerial Order 14. Hence, many OC's elected to challenge the Show Cause Notice by appealing to the BAB.
The cost of appealing was usually around $30,000, with very few approvals.
However, as at February 1, 2021, Ministerial Order 14 has been removed and the following products are now totally banned:
- ACP with more than 7% combustible material
- EPS in any form
This effectively means that if you have a Show Cause Notice, you are required to respond to the Council MBS, showing why any particular material should not be removed. As the Government has banned these materials, it is highly unlikely that any MBS would now accept it's retention.
It is unclear what the legal position will be if a building has already had one of these materials approved at the time of construction, but now has a Show Cause Notice.
It would seem the most practical solution is to remove the material.
As registered fire and structural engineers, Buildcheck is well placed to assist in any cladding issues you may have.
Call today, 03 9563 6246