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Non-conforming building products

Objectives

Queensland leads the nation in ensuring building products are safe and fit for their intended use.

It is reasonable for Queenslanders to expect that the buildings in which we live, work and visit are safe, and the products used in their construction meet the relevant building standards and community expectations.

Our new laws create a chain of responsibility which insists that all members of the building product supply chain, from the manufacturers, importers and wholesalers to the suppliers and installers, take responsibility for ensuring building products are compliant and fit for their intended purpose.

We know that non-conforming building products (NCBPs) put lives at risk so it is important that we are able to enforce these laws.

The Queensland Building and Construction Commission (QBCC) now has increased powers to investigate the use of NCBPs and take action against non-compliance.

If required, the Minister will be able to issue warnings about products and recall products.

Queensland’s strong stance on NCBPs has set an innovative precedent, with other states and territories investigating ways to follow suit.

Actions delivered

Implement Australia’s first chain of responsibility laws.

  • Delivered the Non-Conforming Building Products– Chain of Responsibility and Other Matters Amendment Act 2017 in November 2017 to ensure that building products are safe and fit-for-purpose and increase QBCC compliance and enforcement powers

Continue to investigate the installation of possible NCBPs in existing buildings.

  • Established the NCBP Audit Taskforce in June 2017
  • Established the Safer Buildings Taskforce in November 2019 to continue the important work of the NCBP Taskforce

Publish a NCBP code of practice to assist industry.

  • Released in 2018 to provide additional guidance to the building and construction industry on how to ensure compliance with new laws

Implement Ministerial powers to make warning statements and recall products.

  • Minister has utilised powers to recall products, for example dangerous pool safety fencing

Create laws to establish the Building Products Advisory Committee (BPAC).

  • Delivered the Non-Conforming Building Products - Chain of Responsibility and Other Matters Amendment Act in 2017 which established the BPAC
  • The Safer Buildings Taskforce provides timely and expert advice about building products to the Minister, the Queensland Building and Construction Board and Commissioner of the QBCC to assist them to effectively perform their functions

Continue to lead the nation regarding NCBPs.

  • Delivered new laws in October 2018 to compel private building owners to complete the Safer Buildings Checklist and determine the extent of potentially combustible cladding
  • Introduced Queensland Development Code Part .5 – Use of external cladding banning the use of certain combustible cladding products

QBCC powers to assist with implementation

  • QBCC  powers to investigate the use of NCBPs and take action against non-compliance increased.
  • QBCC is actively using these powers to investigate and enforce NCBP legislation in conjunction with other State and interstate agencies

Actions in progress

Continue to respond to combustible cladding issues by:

  • rectifying government-owned buildings
  • progressing the work of the Safer Buildings Taskforce
  • overseeing the combustible cladding checklist.

As at 30 June 2021, 79% of government-owned buildings have been rectified, cleared or in the process of rectification

As at 26 July 2021, over 17,700 private buildings have been cleared with no cladding fire risk; 1,291 still to complete the process; and 846 will require some form of rectification and may require interim mitigation measures

Stand up a NCBP Committee.

  • Working with the QBCC to stand up a NCBP Committee

Actions to do

  • Ensure rectification of private buildings.
  • Work with industry to examine a potential certification scheme for steel manufacturers.
Last updated: 
5 July 2022