The Melbourne high-rise apartment fire highlighted the risks associated with using non-compliant building materials, particularly combustible cladding that accelerated the spread of the blaze. While builders may be liable for failing to ensure compliance with the Building Code of Australia, building surveyors and local governments may also face scrutiny or disciplinary action if compliance certificates are issued without proper verification. The case demonstrates the importance of confirming that building products comply with all relevant standards, not just selected aspects of the Building Code.
Who is liable if non-compliant building materials are used in a construction project?
Our Commercial Team explains
Summary
Why is the use of building materials an important compliance issue?
The use of cheap building materials has come under scrutiny following last November’s high-rise apartment blaze in Melbourne.
Under the Building Code of Australia (“BCA”), external walls must be non-combustible; however, an investigation into the fire found the use of cheap imported cladding hastened the spread of the blaze which engulfed 13 storeys in less than 15 minutes.
Who may be responsible for ensuring compliance with the Building Code of Australia?
In such instances, while a builder may be liable for failing to ensure that the building complied with the BCA, the Building Commission may also take disciplinary action against building surveyors, most of whom are local government employees, for breaching their responsibilities under the BCA.
What should building surveyors check before signing compliance certificates?
This incident serves as a timely reminder to local governments and the building surveyors they employ to make sure, before signing any compliance certificates, that products specified for use in buildings comply with the BCA.
Does product certification mean a building material meets all relevant standards?
Importantly, while a product may comply with certain provisions of the BCA, it may not necessarily comply with all relevant building standards. For example, a wall cladding product may have compliance certification for weatherproofing, but it may not have been assessed for its fire resistance.