Cladding Safety Victoria Regulations 2020

The Regulations build on a small set of cross‑referenced concepts drawn from the Building Act 1993 and the Building Regulations 2018, by defining terms and prescribing administrative instruments. Core concepts in the Regulations are: the prescribed forms (Forms 1-3 in Schedule 1), the prioritisation criteria for financial assistance, the procedural steps for complaints handling, the application and timing rules for registration for assistance, and the funding agreement terms that must be included before payments.

Definitions are collected in regulation 4. The Regulations adopt multiple definitions from the Building Act 1993 and Building Regulations 2018: Building Appeals Board, building developer (see s 160B of the Building Act 1993), building permit, class of building (section 205G of the Building Act 1993), construct, essential safety measure (as defined in the Building Regulations 2018), occupancy permit, original builder and relevant building surveyor. The definition of original builder is broad: it includes a building practitioner named on a building permit or contract, a body corporate named on a permit or contract, or a body corporate associated with a named practitioner or builder (regulation 4). The Regulations expressly state that “the Act” means the Cladding Safety Victoria Act 2020 (regulation 4).

Prioritisation is a central organising concept. Regulation 7 lists a non‑exclusive set of criteria Cladding Safety Victoria must have regard to when prioritising buildings for potential financial assistance under section 28(2) of the Act. These include risk assessments from the Authority, municipal building surveyor or Fire Rescue Victoria (regulation 7(1)(a)); any enforcement action under Part 8 of the Building Act 1993 (regulation 7(1)(b)); building class and occupant density (regulation 7(1)(c)-(d)); the type, amount and configuration of non‑compliant or non‑conforming external wall cladding product and its fixation method (regulation 7(1)(e)-(g)); fire rating of external walls determined under the Building Regulations 2018 (regulation 7(1)(h)); type of insulation behind cladding (regulation 7(1)(i)); proximity to ignition sources (regulation 7(1)(j)); essential safety measures and maintenance compliance (regulation 7(1)(k)); means of egress and ingress adequacy (regulation 7(1)(l)); whether it is appropriate for an original builder to complete rectification works and a checklist about the original builder’s registration, resources, capacity, willingness to work within CSV’s budget and suitability (regulation 7(1)(m) and 7(2)(a)-(e)); and finally any other criteria CSV considers appropriate (regulation 7(1)(n)). That last point preserves significant administrative discretion.

Forms are central. Schedule 1 contains Form 1 (notification that a building requires cladding rectification work , regulation 6), Form 2 (application to register owner/owners corporation for potential financial assistance , regulation 8(1)(a) and (2)(a)) and Form 3 (funding agreement , regulation 9(2)). Form 2 is extensive. It requires identity verification, building address and classification, insurer details, copies of building and occupancy permits, contracts with the builder, building surveyor or architect where available, any product identification testing and results, quotes to rectify cladding, details of any litigation or plans to litigate, and confirmation that the applicant is legally authorised to make the application. Form 3, the funding agreement, must include details of the rectification works, the grant amount, retrospective funding particulars, timing for grant payments (progress payments or milestone payments), and the insurance required to be held by the owner or owners corporation.

Notifications and disclosure are also embedded concepts. Under regulation 5 Cladding Safety Victoria must acknowledge and keep complainants informed; under regulation 6 a prescribed notification form is mandated for the purposes of section 27(4) of the Act; under regulation 10 CSV must notify Fire Rescue Victoria and the Environment Protection Authority after completion of works under a funding agreement. The Regulations therefore require CSV to be an active administrative node in collecting building data, managing applications and notifying other public agencies.

The Regulations create obligations and procedural points for several groups. Primary addressees are Cladding Safety Victoria, owners and owners corporations of affected buildings, municipal building surveyors and councils, original builders and building practitioners, insurers, Fire Rescue Victoria and the Environment Protection Authority.

Cladding Safety Victoria: The authority bears administrative duties. It must follow the complaints handling process for identifiable complainants, have regard to the detailed prioritisation criteria when deciding which buildings to prioritise for potential financial assistance (regulations 5 and 7), accept and consider applications in the prescribed form (regulation 8), execute a funding agreement before giving any financial assistance (regulation 9(1)), and notify FRV and the EPA on completion of works (regulation 10). CSV also retains discretion under regulation 7(1)(n) to adopt additional criteria and under regulation 8(3) to accept an out‑of‑form application if satisfied it is appropriate.

Owners and owners corporations: Owners and owners corporations are potential applicants and recipients of funding. They must provide detailed documentary evidence in Form 2 when applying to register for potential assistance under section 29 of the Act (regulation 8(1)(a)). Form 2 requires proof of identity or legal authority to lodge, occupancy permit, building permits and plans, insurance policy, details of any litigation and reasons for not litigating, any quotes to rectify cladding, results of product identification testing, and particulars regarding original builders, architects, building surveyors and fire engineers. If funding is granted, an owner or owners corporation must execute a funding agreement in Form 3 before receipt of assistance; the agreement will specify required insurance coverage to be taken out and held by the owner or owners corporation (regulation 9(1)-(2)(c); Form 3).

Municipal building surveyors and councils: The prescribed notification process in regulation 6 uses Form 1, which is directed “To: Cladding Safety Victoria” and “From: [insert name of municipal building surveyor and council, if applicable]”. The form collects owner details, building address, details of any relevant building notice/order, and supporting documentation. Municipal building surveyors therefore act as a channel for identification of buildings requiring rectification.

Original builders, architects, designers and building surveyors: The Regulations require CSV to consider whether it is appropriate for an original builder to complete rectification work (regulation 7(1)(m)) and to assess the original builder’s registration, resources, capacity, willingness to work within CSV’s budget and suitability (regulation 7(2)(a)-(e)). Form 2 asks applicants to identify original builders, architects, designers and original building surveyors and to provide registration numbers where possible (Form 2 items 17-24). Those named parties may thereby become subjects of investigation, potential contact for rectification offers, or sources of claims by owners.

Insurers: Form 2 asks for current building insurer details and copies of the current building insurance policy (Form 2 items 12-13). Funding agreements must set out the amount and coverage of insurance required to be taken out and held by the owner or owners corporation, if not already taken out (regulation 9(2)(c); Form 3). Insurers therefore may be required to provide evidence of cover or to amend policies to meet funding agreement requirements.

Fire Rescue Victoria and the Environment Protection Authority: These two agencies are the prescribed recipients of post‑completion notifications from CSV for works completed under a funding agreement (regulation 10). Fire Rescue Victoria also appears in the prioritisation criteria as a source of written advice on overall risk associated with non‑compliant cladding (regulation 7(1)(a)).

Legal advisers and dispute resolution practitioners: Form 2 explicitly asks about existing or intended litigation and seeks details of legal representatives and tribunal or court proceedings (Form 2 items 25-27). That makes litigators and dispute resolution bodies relevant stakeholders, because CSV will consider litigation status as part of an applicant’s record and because an applicant must disclose reasons for not litigating (Form 2 item 26).

Who pays and who decides: The Regulations assign decision‑making power to Cladding Safety Victoria for prioritisation, invitation to apply and the acceptance of applications, subject to the prescribed criteria and forms (regulations 7 and 8). Financial payment, where provided, comes from Cladding Safety Victoria subject to an executed funding agreement (regulation 9(1)-(2)). Owners and owners corporations bear the compliance cost of assembling documentation, complying with any insurance requirements in the funding agreement, and working with CSV during rectification.

Duties imposed by the Regulations are primarily administrative. They create obligations for Cladding Safety Victoria, municipal building surveyors, applicants, and recipients of funding.

Cladding Safety Victoria duties

• Acknowledge identifiable complaints in writing within 28 days and keep complainants reasonably informed of progress (regulation 5(1)(a)-(b)). This is the prescribed process for complaints under section 26(3) of the Act.
• Have regard to a list of specified prioritisation criteria when prioritising buildings for potential financial assistance under section 28(2) of the Act. The list includes written risk advice, enforcement history, building class and occupancy density, cladding type and configuration, fixation method, fire ratings, insulation, proximity to ignition sources, essential safety measures, egress and ingress adequacy, and considerations about original builder suitability (regulation 7(1)(a)-(n)). CSV also has explicit latitude to apply any other criteria it considers appropriate (regulation 7(1)(n)).
• Require an executed funding agreement in the prescribed form before providing any financial assistance (regulation 9(1)); the agreement must include specified terms: details of the rectification work, the grant amount, insurance requirements to be taken out and held by the owner/owners corporation if not already in place, and timing of grant payments (regulation 9(2)(a)-(d); Form 3).
• Notify prescribed agencies, Fire Rescue Victoria and the Environment Protection Authority, on completion of cladding rectification work done under a funding agreement (regulation 10).

Municipal building surveyors and council duty

• Use Form 1 as the prescribed form when notifying CSV that a building requires cladding rectification work (regulation 6). Form 1 places the obligation to include the owner/owners corporation details, address of the building, details of any building notices or orders and supporting documentation.

Applicant/owner/owners corporation duties and required acknowledgements

• Provide the information requested in Form 2 when applying to register for potential financial assistance (regulation 8(1)(a) and Sch 1 Form 2). The form requires identity verification, building classification, insurer details, copies of occupancy and building permits, any insurance claims, designer and builder identities and registration numbers where available, litigation status, quotes for rectification, product testing information, BAB applications and any contracts relating to the building.
• Acknowledge that the submission of the application does not automatically give rise to entitlement and that granting of funding is at CSV’s discretion (Form 2, Acknowledgement section).
• If funding is offered, execute the funding agreement in Form 3 and comply with the insurance requirements that agreement specifies (regulation 9(1)-(2); Form 3).

Rights created or preserved by the Regulations

• Complainants have a guaranteed acknowledgement and information flow right: CSV must provide written confirmation of receipt within 28 days for identified complainants (regulation 5(1)(a)-(b)).
• Applicants have the right to apply using prescribed Form 2 and to have CSV consider that application; CSV may accept an out‑of‑form application only if satisfied it is appropriate (regulation 8(3)). Applicants also have the procedural right to be invited by CSV to apply; regulation 8(2)(b) prescribes the 60‑day time limit to return a prescribed form following an invitation.
• Owners and owners corporations who receive funding obtain the right to receive the financial assistance described in the executed funding agreement, subject to compliance with the agreement’s terms and any insurance and milestone conditions (regulation 9(1)-(2); Form 3).

Discretion and limits

• The Regulations both narrow and preserve discretion. They narrow it by listing mandatory elements of processes and the funding agreement. They preserve it by including open‑ended provisions: CSV may have regard to “any other criteria” in prioritisation (regulation 7(1)(n) and may accept out‑of‑form applications where appropriate (regulation 8(3)). The funding agreement is required but its operational details (for example remedies for breach, clawback, retention schedules or security) are not prescribed beyond the items in regulation 9(2) and the template Form 3; further detail is left to the parties.

Procedural time limits

• CSV must acknowledge complaints within 28 days (regulation 5(1)(a)). Owners must submit applications on the prescribed form within 60 days of receipt of an invitation from CSV (regulation 8(2)(b)). Funding cannot be provided until a funding agreement is executed (regulation 9(1)). There is no specified statutory deadline for CSV’s prioritisation decisions in the Regulations.

Records and documentary duties

• Applicants must attach extensive documentation as part of Form 2, including building permits, occupancy permits, insurance policies, testing and quotes, and any tribunal or court orders (Form 2 items 12-43). Municipal building surveyors using Form 1 must attach relevant documents supporting the notification (Form 1). The funding agreement requires the owner to hold specified insurance, which will be documented in the agreement (regulation 9(2)(c); Form 3).

The Regulations do not themselves create criminal offences or civil penalties. There are no penalty clauses, infringement notices or specified enforcement sanctions contained in the text of the Cladding Safety Victoria Regulations 2020 as printed. The Regulations are procedural and administrative in nature: they prescribe forms, processes and contractual requirements but do not impose statutory fines or criminal sanctions within their own text.

Enforcement pathways therefore fall into three categories by reference to the instrument’s content:

1. Enforcement through the funding agreement contract. Regulation 9 requires an executed funding agreement prior to payment (regulation 9(1)). The funding agreement is to be in Form 3 and must contain certain terms (regulation 9(2)). While the Regulations do not specify the dispute resolution, default remedies, repayment or clawback provisions, those matters can be addressed within the contractual document. Non‑compliance with contractual obligations in the funding agreement would therefore be subject to contract law remedies and any remedies expressly agreed in the funding agreement (Form 3). The Regulations mandate content but leave precise enforcement clauses to the agreement.

2. Enforcement and regulatory action under other Acts. The Regulations refer to enforcement action under Part 8 of the Building Act 1993 as a criterion in prioritisation (regulation 7(1)(b)). Where an enforcement action exists it will be pursuant to the Building Act 1993 or other building regulatory instruments, not these Regulations. Similarly, the Regulations require notification to Fire Rescue Victoria and the Environment Protection Authority on completion of works under a funding agreement (regulation 10), but any enforcement action by those agencies will be under their enabling legislation and regulatory regimes.

3. Administrative discretion and exclusion. The Regulations give Cladding Safety Victoria discretion to prioritise buildings, to accept or decline applications and to require an executed funding agreement before providing funds (regulations 7, 8 and 9). CSV’s administrative decisions may be subject to judicial review or merits review only as provided by the Act or general administrative law principles. The Regulations do not set out appeal routes from CSV decisions; appeal rights will depend on the Act and general administrative law.

Practical enforcement implications for stakeholders

• Owners should treat the funding agreement as the principal enforcement mechanism governing receipt of funds. Because the Regulations require CSV to execute a funding agreement before providing funds (regulation 9(1)), CSV can condition payment on the precise contractual protections it requires. Those protections may include insurance obligations, milestone certifications and repayment conditions, although the Regulations themselves only prescribe that the agreement include details of the work, the funding amount, insurance coverage and timing of payments (regulation 9(2)).
• CSV’s prioritisation decisions, while constrained by a detailed list of criteria (regulation 7), retain an open‑ended component and are therefore likely amenable to administrative review in appropriate circumstances, subject to the Act’s statutory design.
• There is no express penalty for submitting inaccurate information in an application form in the Regulations. However Form 2 contains an applicant’s confirmation that the information is true and correct to the best of their knowledge and an obligation to promptly notify CSV if the information becomes untrue (Form 2, paragraphs 1 and 1st acknowledgement lines). Misrepresentation may therefore expose applicants to contract law consequences under a funding agreement or to other statutory remedies in other legislation depending on the facts, but the Regulations do not themselves create a bespoke penalty regime.

These Regulations are designed to work with the Cladding Safety Victoria Act 2020 and with existing building law, insurance and emergency services regimes. The Regulations frequently cross‑refer to the Building Act 1993, the Building Regulations 2018, and to entities and powers established under other statutes.

Cross‑references and definitions

• The Regulations take multiple definitions and legal concepts from the Building Act 1993 and the Building Regulations 2018. Regulation 4 adopts the definitions of “Building Appeals Board”, “building developer” (see s 160B of the Building Act 1993), “building permit”, “class of building” (section 205G of the Building Act 1993), “construct”, “relevant building surveyor” and “original builder” from the Building Act 1993, and “essential safety measure” from the Building Regulations 2018 (regulation 4 and Endnotes: explanatory details referencing the Building Regulations 2018). This anchors the Regulations to the substantive building regulatory regime and ensures consistency in technical terms.

Prioritisation interacts with Building Act enforcement

• Regulation 7 requires CSV to have regard to “any enforcement action taken in relation to the building under Part 8 of the Building Act 1993” (regulation 7(1)(b)). Part 8 of the Building Act sets out building enforcement processes and sanctions. By including enforcement history as a prioritisation criterion, the Regulations create an operational linkage: CSV’s prioritisation may effectively incorporate the results or status of building regulatory enforcement into decisions over allocation of financial assistance.

Occupancy permits and fire safety standards

• The Regulations require consideration of occupancy permit details for occupant density and the Building Regulations 2018 for fire rating determinations (regulation 7(1)(d) and 7(1)(h)). The Building Regulations define technical standards for fire separation, materials and essential safety measures. CSV’s assessment therefore depends on source documents created under those instruments.

Interaction with emergency services and environmental regulators

• The Regulations list Fire Rescue Victoria as both a source of written advice relevant to overall risk (regulation 7(1)(a)) and a recipient of completion notifications (regulation 10(a)). The Environment Protection Authority is likewise a mandated recipient of completion notifications (regulation 10(b)). Those links mean that CSV’s administrative activities will feed into the operations and situational awareness of emergency services and environmental regulators, and CSV may rely on these agencies’ assessments as inputs to CSV’s prioritisation.

Contract law and insurance

• Funding agreements required by regulation 9 are standard contractual documents. The Regulations prescribe their form and core content, but not their full terms. Contract law will therefore govern rights and obligations created by funding agreements, including remedies on breach. Insurance obligations are specifically required to be included in funding agreements (regulation 9(2)(c) and Form 3). The content of insurance cover, representation and warranties about cover, and insurer enforcement will be subject to insurance law and the contracts between owners and their insurers.

Tribunal and litigation interfaces

• Form 2 explicitly asks applicants about ongoing or intended litigation and about proceedings before the Building Appeals Board, Domestic Building Dispute Resolution Victoria or VCAT (Form 2 items 25-29 and associated attachments). That makes the interface between CSV and courts or tribunals operational: CSV will collect information on litigation status and may treat enforcement decisions, tribunal orders or BAB determinations as relevant to prioritisation. But the Regulations do not displace tribunal jurisdiction nor prescribe how CSV should treat active litigation beyond collecting and considering the information.

Subordinate Legislation Act and sunsetting

• The Endnotes indicate that these Regulations will sunset 10 years after the day of making on 1 December 2030 under the Subordinate Legislation Act 1994. That places a statutory time limit on the Regulations’ lifecycle and creates an obligation to re‑enact or replace these instruments if the policy is to continue beyond 2030.

Limits and gaps

• The Regulations are procedural and leave substantial substantive matters to other laws or to CSV’s discretion. For example, while they require a funding agreement to contain certain elements, they do not prescribe specific clawback mechanisms, audit rights, security interests or how disputes about funding scope will be resolved. They also do not set liability rules between owners and original builders; those remain in contract and tort law and in the Building Act. The Regulations therefore sit as an administrative overlay that channels building safety funding and decisions into existing legal frameworks.

The statutory rule includes a recorded amendment and notes about interpretation instruments. The printed instrument states it is Version No. 002 and that it incorporates amendments as at 1 February 2024. The Table of Amendments in the Endnotes identifies the Cladding Safety Victoria Amendment Regulations 2024, S.R. No. 1/2024, made on 30 January 2024 and commencing on 1 February 2024 (Endnotes, Table of Amendments). The Explanatory details note that Schedule 1 Form 2 was amended by S.R. No. 1/2024 (Sch. 1 Form 2 amended by S.R. No. 1/2024 reg. 4).

What the amendment record shows concretely

• The instrument’s Table of Amendments records one subordinate instrument: Cladding Safety Victoria Amendment Regulations 2024 (S.R. No. 1/2024). It gives dates of making (30.1.24) and commencement (1.2.24) and records that Sch 1 Form 2 was amended by that statutory rule (Sch. 1 Form 2 amended by S.R. No. 1/2024 reg. 4). The main printed version we are reading incorporates those amendments up to 1 February 2024.

Implications of the recorded amendment

• The amendment affected Form 2, the application form for registration of owners or owners corporations seeking potential financial assistance. The text of the Regulations as printed already reflects those amendments. Because the Table of Amendments is explicit only about which part was amended, rather than listing clause‑by‑clause changes, the instrument does not itself elaborate what content within Form 2 changed without cross‑referencing the amending statutory rule. The printed consolidation therefore should be treated as the authoritative text as at 1 February 2024 for purposes of form content and procedural obligations.

Other interpretative notes

• The Endnotes include an Explanatory details section noting the source of the definition for “essential safety measure” and listing several previous Statutory Rules that have affected the Building Regulations 2018. That indicates an awareness that definitions in the Building Regulations are subject to their own amendment history and that the Regulations rely on an evolving set of technical definitions (Endnotes, Explanatory details). Users must therefore check the current Building Regulations when applying the defined term.

Sunsetting

• The instrument will sunset on 1 December 2030 under the Subordinate Legislation Act 1994 (Endnotes: General information). That provides a fixed legislative horizon for these Regulations unless re‑made or replaced.

Practical note for practitioners

• Because Form 2 was amended in 2024, practitioners should ensure they are using the consolidated Form 2 as set out in the Schedule of this consolidated Statutory Rule rather than any archived earlier version. The Table of Amendments provides the necessary citation to S.R. No. 1/2024 for those who need to examine the explicit amending text or legislative history.

The Regulations do not record any case law or tribunal decisions. The text contains no references to judicial decisions and the Endnotes do not list any litigation arising from the Regulations. As a statutory rule prescribing administrative procedure and forms, it is typical that direct litigation against the Regulations themselves would be limited and that disputes would arise from administrative decisions made under the Act and these Regulations rather than from the Regulations’ existence. The Regulations require applicants to disclose litigation status (Form 2 items 25-27) and require CSV to consider enforcement history under the Building Act when prioritising (regulation 7(1)(b)); those provisions make litigation and tribunal outcomes relevant inputs to CSV’s functions but do not create a litigation history in the instrument itself.

What the source shows about disputes

• Form 2 explicitly asks whether the owner or owners corporation is currently engaged in litigation, has completed litigation, intends to litigate in the future, or does not intend to litigate (Form 2 item 25). It also asks applicants to give reasons for not intending to litigate where applicable (Form 2 item 26) offering example reasons including “difficulty” and “expense” (Form 2 item 26). The form requests the details of any litigation commenced or planned and copies of orders or proceedings (Form 2 item 27 and associated attachment requirements). This means that CSV will house records of litigation outcomes and claims relevant to cladding rectification , those records will influence CSV’s assessment and may be used in administrative decision‑making that could, in principle, be the subject of administrative review or judicial review if a party seeks to challenge CSV’s decision.

No reported decisions in the instrument

• The consolidated Statutory Rule as printed contains no citations to cases, no descriptions of litigation that has tested the Regulations, and no annexed orders or judicially set aside provisions. Therefore, as at the consolidation date (1 February 2024), the Regulations themselves have no litigation history documented within the instrument.

Practical consequence for advisers

• Because CSV’s decisions about prioritisation, acceptance of applications and funding agreements are fact‑specific and discretionary within the framework the Regulations provide, legal advisers should expect that any judicial or tribunal challenges will focus on administrative law grounds (for example jurisdictional error, unreasonableness or failure to observe procedural fairness) or on contract law where funding agreements are at issue. The Regulations’ lack of internal enforcement penalties means dispute resolution is likely to arise in contract, building dispute processes, or administrative law venues rather than under new regulatory penalty schemes contained in these Regulations.

The Regulations contain a number of practical traps for the unwary because they tie funding and administrative progress to precise forms, documentation and discretionary assessments. These are concrete operational risks, compliance costs and sources of uncertainty that practitioners and owners must anticipate.

1. Funding is conditioned on an executed funding agreement

• Cladding Safety Victoria must execute a funding agreement before providing any financial assistance (regulation 9(1)). That contractual step is mandatory. Do not assume that an invitation to apply or a preliminary approval creates an entitlement to funds. The applicant must sign the funding agreement in the form of Form 3 and comply with its terms before funds are disbursed (regulation 9(2); Form 3).

2. Extensive documentary burden in Form 2

• Form 2 requires comprehensive documentary evidence: identity verification, occupancy permit, building permits and plans, insurer details and policy, any existing insurance claims, product identification testing and results, quotes to rectify cladding, BAB applications, contracts with builder, building surveyor and architect, and details of litigation including solicitor contact and tribunal hearing dates (Schedule 1 Form 2). Gathering these documents can be time consuming, costly and practically difficult for some owners or strata managers, and failure to provide them may affect CSV’s willingness to accept or prioritise an application. The form also requires the applicant to confirm legal authority to lodge the application and that the information is true and correct.

3. Tight timeframes in response to invitations

• If Cladding Safety Victoria issues an invitation to apply, the prescribed requirement is that the application be made within 60 days of receipt of that invitation (regulation 8(2)(b)). Missing that deadline may forfeit the ability to apply in the prescribed form unless CSV exercises its discretion to accept an out‑of‑form or late application under regulation 8(3).

4. Broad administrative discretion and open criteria

• Regulation 7(1)(n) allows CSV to consider “any other criteria” it deems appropriate when prioritising. That maintains administrative flexibility but reduces predictability for owners trying to predict prioritisation outcomes. Owners should provide as much supporting material as possible to influence discrete criteria identified in regulation 7(1)(a)-(m), but must remain aware that CSV may apply additional, unstated criteria.

5. Original builder concept and suitability assessment

• Regulation 7(1)(m) instructs CSV to consider whether it is appropriate for an original builder to undertake rectification. Regulation 7(2) then mandates that CSV consider the original builder’s registration, resources, capacity, budget willingness and general suitability (regulation 7(2)(a)-(e)). The definition of “original builder” in regulation 4 includes body corporates associated with a named practitioner or builder, which widens the set of entities CSV may evaluate. Owners who wish the original builder to perform rectification must be prepared to show evidence that the original builder meets these tests; conversely, original builders or their associated entities may be scrutinised.

6. Insurance requirements are both a precondition and a term of funding

• Funding agreements must specify the amount and coverage of insurance required to be taken out and held by the owner or owners corporation if not already in place (regulation 9(2)(c); Form 3). Owners who lack the specified insurance, or who face difficulty securing it at reasonable cost, may be unable to receive funding or may face conditions that change project economics.

7. Disclosure of litigation and reasons for not litigating

• Form 2 asks applicants to disclose whether they are engaged in litigation or plan to litigate and to set out reasons for not intending to litigate (Form 2 items 25-26). The form supplies examples of reasons not to litigate such as “difficulty” and “expense”. This requirement may create an incentive for applicants to delay or withdraw litigation to become eligible for funding, or conversely it may cause CSV to deprioritise applications where active litigation suggests alternative avenues for recovery. The Regulations do not stipulate how CSV should treat active litigation, but the information is collected and will influence decision‑making.

8. Completion notifications are limited to two agencies

• After rectification under a funding agreement CSV must notify Fire Rescue Victoria and the Environment Protection Authority (regulation 10). Owners should not assume other government agencies will automatically receive notification unless CSV is required by the Act or by other regulations to notify them. This concentrates the post‑completion notification duty on CSV and those two agencies alone.

9. No penalties in the Regulations themselves

• The absence of penalty clauses in these Regulations can be surprising for compliance officers expecting contraventions and fines. The practical enforcement lever is the funding agreement and building law enforcement under other Acts. Corporate officers should therefore focus on contractual compliance and other statutory remedies rather than on regulations‑based fines.

10. The definition of “essential safety measure” is external

• Regulation 4 takes the definition of “essential safety measure” from the Building Regulations 2018. Because that definition itself has an amendment history, owners and advisers must check the current Building Regulations when assessing compliance and when compiling supporting documents required by Form 2 or when CSV asks for ESM evidence (regulation 7(1)(k) references essential safety measures).

11. Sunset date requires forward planning

• The Regulations will sunset on 1 December 2030 (Endnotes: General information). Projects that rely on the administrative framework being in place beyond that date should plan contingencies if the legislative landscape changes.

The Regulations prescribe discrete steps and documents. Compliance is largely documentary and procedural: complete the prescribed forms, meet the time limits, and ensure a funding agreement in the required form is executed before disbursement. Below is a practical step‑by‑step compliance checklist based on the Regulations and Schedule 1 forms.

1. For municipal building surveyors notifying CSV (Form 1, regulation 6)

• Use Form 1 as the prescribed notification for buildings that require cladding rectification work (regulation 6). Provide the identity of the owner/owners corporation, the owner representative and contact details, building address, details of any relevant building notice or order and attach supporting documents. Sign and date the Form 1 as the municipal building surveyor.

2. For complainants (regulation 5)

• If lodging a complaint to Cladding Safety Victoria and you can be identified, expect written confirmation of receipt within 28 days (regulation 5(1)(a)). Keep records of correspondence so CSV’s obligation to keep you reasonably informed can be enforced or referenced in any follow‑up communications (regulation 5(1)(b)).

3. For owners/owners corporations invited to apply (Form 2, regulation 8)

• If CSV invites you to apply, submit the application using the prescribed Form 2 within 60 days of receipt of that invitation (regulation 8(2)(b)). The form requires:
  • Verification of your legal authority to act for the owner or owners corporation and proof of identity (Form 2, verification of identity).
  • Building address, owners corporation numbers, ABN where applicable, and contact details (Form 2 items 2-7).
  • Owners corporation committee details and manager details if applicable (Form 2 items 9-10).
  • Building class as per occupancy permit (Form 2 item 11).
  • Building insurer details and a copy of the current building insurance policy (Form 2 items 12-13).
  • Details of any insurance claims relating to combustible cladding or other building defects (Form 2 item 14).
  • Identification of original builder(s), registration numbers, architects, designers, building surveyors and fire engineers and their registration numbers where available (Form 2 items 15-24).
  • Full disclosure about litigation status and details of completed or intended proceedings, with supporting documents and solicitor contact details (Form 2 items 25-27).
  • Information about ongoing rectification works, BAB modification or compliance assessment determinations, contracts relating to the building, product identification testing and results, quotes for rectification, current building notices and any responses, orders and emergency orders (Form 2 items 28-36 and 37-43).
  • An acknowledgement that funding is at CSV’s discretion and that submission does not create entitlement (Form 2, Acknowledgement). Ensure the person signing is authorised to make the declaration.

4. If you did not receive an invitation but wish to apply

• The prescribed matters for an application are the information in Form 2 and any other relevant information requested under section 29(4) of the Act (regulation 8(1)). CSV may accept out‑of‑form applications in its discretion (regulation 8(3)) but you should aim to comply with Form 2 to avoid rejection or delays.

5. Preparing for funding and funding agreement (Form 3, regulation 9)

• Do not rely on verbal approvals. Before any financial assistance is made, ensure an executed funding agreement in Form 3 is in place (regulation 9(1)). The funding agreement must include:
  • Detailed scope of the cladding rectification work to be funded (regulation 9(2)(a); Form 3).
  • The amount of funding granted by CSV (regulation 9(2)(b); Form 3).
  • The amount and coverage of insurance required to be taken out and held by the owner/owners corporation if not already in place (regulation 9(2)(c); Form 3).
  • The timing of grant payments and whether payments are progressive, milestone‑based, or on completion (regulation 9(2)(d); Form 3).
• Confirm the insurance CSV requires is obtainable and budget for any higher premium or increased cover. Retrospective funding is contemplated in Form 3 but must be itemised and clarified.

6. Project delivery and post‑completion notifications

• Comply with the terms of the funding agreement in relation to project milestones, reporting, certifications and insurance. Once cladding rectification work funded under the funding agreement is complete, expect CSV to notify Fire Rescue Victoria and the Environment Protection Authority (regulation 10). Be ready to provide completion certificates, testing results and any other evidence CSV requires to make those notifications.

7. Record keeping and responsiveness

• Keep copies of all documents submitted to CSV, copies of building permits, endorsed plans, occupancy permits and product testing certificates. Maintain a clear chain of correspondence. CSV has an obligation to keep complainants reasonably informed (regulation 5(1)(b)), but applicants should be proactive in following up.

8. Anticipate CSV’s prioritisation criteria in project planning

• When preparing applications and quotes, address the specific criteria listed in regulation 7: provide risk advice from relevant authorities where available, detail the type and extent of cladding and insulation, describe fixation methods, include fire rating data and essential safety measures, and document egress/ingress adequacy. If you intend the original builder to perform rectification, gather evidence of the builder’s registration, capacity, resources and willingness to work within a budget (regulation 7(2)).

9. Manage litigation strategy with CSV engagement

• If litigation is ongoing or contemplated, disclose it in Form 2 and provide reasons if you elect not to litigate. Coordinate with legal advisers on whether pursuing litigation might affect eligibility for assistance or CSV’s prioritisation assessment. CSV may rely on enforcement history under the Building Act as a prioritisation input (regulation 7(1)(b)).

10. Use the most recent forms and verify legislative status

• Ensure you are using the consolidated Form 2 as amended by S.R. No. 1/2024 (Endnotes). Confirm the current text of the Building Regulations 2018 for definitions such as “essential safety measure” since those definitions feed into the prioritisation criteria (regulation 4 and Endnotes).

Final practical pointers

• Treat CSV’s processes as administrative but contractual: document everything, secure required insurance ahead of time, verify identity and authorisations, and plan for time required to gather technical and legal documents. Because funding flow is conditional on the signed funding agreement, align project cashflow and contractor arrangements to the timing set out in Form 3. If in doubt, request CSV’s guidance early and keep contemporaneous records of invitations, submissions and CSV responses to reduce the risk of missed deadlines or disputes.