Version incorporating amendments as at
1 February 2024
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Definitions 1
Part 2—Complaints 3
5 Complaints to Cladding Safety Victoria 3
Part 3—Prioritisation of buildings and applications for registration 4
6 Notification of buildings requiring cladding rectification work 4
7 Prioritisation of buildings for potential financial assistance 4
8 Applications to register owners and owners corporations of buildings for potential financial assistance 6
Part 4—Funding agreements 7
9 Grants of financial assistance 7
Part 5—Notification of completion of cladding rectification work 8
10 Prescribed agencies to be notified following the completion of cladding rectification work 8
Schedule 1—Forms 9
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Endnotes 19
1 General information 19
2 Table of Amendments 21
3 Explanatory details 22
Version No.002
Cladding Safety Victoria Regulations 2020
S.R. No. 133/2020
Version incorporating amendments as at
1 February 2024
Part 1—Preliminary
1 Objective
The objective of these Regulations is to prescribe various matters necessary to give effect to the Cladding Safety Victoria Act 2020.
2 Authorising provision
These Regulations are made under section 43 of the Cladding Safety Victoria Act 2020.
3 Commencement
These Regulations come into operation on 1 December 2020.
4 Definitions
In these Regulations—
Building Appeals Board has the same meaning as in the Building Act 1993;
building developer has the same meaning as in section 160B of the ;
Building Act 1993
building permit means a building permit issued under the Building Act 1993;
class of building has the same meaning as in section 205G of the Building Act 1993;
construct has the same meaning as in the Building Act 1993;
essential safety measure has the same meaning as in the Building Regulations 2018[1];
occupancy permit means an occupancy permit issued under the Building Act 1993;
original builder, in relation to a building, means—
(a) a building practitioner named on a building permit, or a contract for the building work, for that building; or
(b) any other type of builder that is a body corporate named on a building permit, or a contract for the building work, for that building; or
(c) a body corporate associated with a building practitioner or a builder referred to in paragraph (a) or (b).
relevant building surveyor has the same meaning as in the Building Act 1993;
the Act means the Cladding Safety Victoria Act 2020.
Part 2—Complaints
5 Complaints to Cladding Safety Victoria
(1) For the purposes of section 26(3) of the Act, the prescribed process for Cladding Safety Victoria to consider a complaint, if the complainant can be identified, is the following—
(a) to provide a written confirmation of receipt of the complaint to the complainant within 28 days of receiving the complaint;
(b) to keep the complainant reasonably informed of progress in dealing with the complaint.
Part 3—Prioritisation of buildings and applications for registration
6 Notification of buildings requiring cladding rectification work
For the purposes of section 27(4) of the Act, the prescribed form for a notification under section 27(1) of the Act is Form 1 in Schedule 1.
7 Prioritisation of buildings for potential financial assistance
(1) For the purposes of section 28(2) of the Act, Cladding Safety Victoria must have regard to the following criteria when prioritising a building for potential financial assistance—
(a) any written advice from the Authority, the municipal building surveyor or Fire Rescue Victoria about the overall risk to the building associated with any non‑compliant or non-conforming external wall cladding product;
(b) any enforcement action taken in relation to the building under Part 8 of the Building Act 1993;
(c) the relevant class of building;
(d) the occupant density of the building, based on the number of sole-occupancy units or the maximum number of people to be accommodated according to the occupancy permit for the building;
(e) the type and the amount of non-compliant or non-conforming external wall cladding product present, and the extent to which the type of non-compliant or non‑conforming external wall cladding product would affect the spread and intensity of a fire;
(f) the configuration of the non-compliant or non-conforming external wall cladding product, if that configuration increases the risk of a spread of fire;
(g) the means by which the non-compliant or non-conforming external wall cladding product is fixed to the building;
(h) the fire rating of the external walls of the building, determined in accordance with the Building Regulations 2018;
(i) the types of the insulation behind the non-compliant or non-conforming external wall cladding product;
(j) the proximity of the non-compliant or non‑conforming external wall cladding product to potential ignition sources;
(k) the essential safety measures in place for the building and compliance with any maintenance requirements for those measures;
(l) the adequacy of the means of egress and ingress in the building;
(m) whether it is appropriate for an original builder to complete the cladding rectification work required for the building;
(n) any other criteria that Cladding Safety Victoria considers appropriate.
(2) For the purposes of subregulation (1)(m), Cladding Safety Victoria must consider whether the original builder—
(a) has the appropriate registration as a building practitioner under the Building Act 1993; and
(b) has the appropriate resources to carry out the rectification work as assessed by Cladding Safety Victoria; and
(c) has the capacity to complete the cladding rectification work in a timely manner; and
(d) is prepared to carry out the cladding rectification work within the budget determined by Cladding Safety Victoria; and
(e) is otherwise suitable to carry out the cladding rectification work.
8 Applications to register owners and owners corporations of buildings for potential financial assistance
(1) For the purposes of section 29(3) of the Act, the prescribed matters are—
(a) the information provided in the form of Form 2 in Schedule 1; and
(b) any other relevant information provided by the applicant in response to a request under section 29(4) of the Act.
(2) For the purposes of section 29(9) of the Act—
(a) the prescribed form is Form 2 in Schedule 1; and
(b) the prescribed requirement is that the application be made within 60 days of receipt of an invitation from Cladding Safety Victoria.
(3) Cladding Safety Victoria may only consider an application that is not in the prescribed form or that does not meet the prescribed requirement if satisfied that it is appropriate to do so in the circumstances.
Part 4—Funding agreements
9 Grants of financial assistance
(1) Before Cladding Safety Victoria provides any financial assistance to an owner or an owners corporation, a funding agreement must be executed between Cladding Safety Victoria and the owner or owners corporation.
(2) For the purposes of section 30(8) of the Act, a funding agreement must be in the form of Form 3 in Schedule 1 and must contain the following terms and conditions—
(a) the details of the cladding rectification work to be funded;
(b) the amount of funding granted by Cladding Safety Victoria;
(c) the amount and coverage of insurance required to be taken out, if not already taken out, and held by the owner or owners corporation;
(d) the timing of grant payments.
Part 5—Notification of completion of cladding rectification work
10 Prescribed agencies to be notified following the completion of cladding rectification work
For the purposes of section 31(d) of the Act, Cladding Safety Victoria must notify the following agencies of the completion of any cladding rectification work in respect of a building under a funding agreement—
(a) Fire Rescue Victoria;
(b) the Environment Protection Authority.
Schedule 1—Forms
Form 1
Regulation 6
Cladding Safety Victoria Act 2020
Cladding Safety Victoria Regulations 2020
Notification to Cladding Safety Victoria that a building requires cladding rectification work
To: Cladding Safety Victoria
Address: [insert address of Cladding Safety Victoria]
From: [insert name of municipal building surveyor and council, if applicable]
Owner/Owners corporation and building to which notification relates
Owner/Owners corporation:
Owner/Owners corporation representative:
Owner/Owners corporation contact details:
Address of building:
Details of any relevant building notice/building order:
[insert relevant details]
Information supporting notification that building requires cladding rectification work:
[attach all relevant documents]
Municipal building surveyor details
Name:
Council:
Signature:
Date:
Sch. 1 Form 2 amended by S.R. No. 1/2024 reg. 4.
Form 2
Regulation 8(1)(a) and (2)(a)
Cladding Safety Victoria Act 2020
Cladding Safety Victoria Regulations 2020
Application to register owner or owners corporation of building for potential financial assistance
1. In completing this application, you are formally requesting the assistance of Cladding Safety Victoria as the owner or as a representative of the owner(s) or on behalf of the owners corporation identified below
I acknowledge that I am formally requesting the financial assistance of Cladding Safety Victoria.
I confirm that I am legally authorised to lodge this form as the owner or the owner's representative or on behalf of the owners corporation in question.
I confirm that the information provided by me in this form is, to the best of my knowledge, true and correct and not misleading in any way. If, after submission of this application, I discover that any information I provided is untrue, incorrect or misleading, I will promptly notify Cladding Safety Victoria and submit any additional information required.
2. Building address
[insert the address of the building in question]
3. Owners corporation number(s) (if applicable)
[insert the owners corporation number(s) of the owners corporation]
4. Owners corporation ABN (if applicable)
[insert the ABN of the owners corporation]
5. Your name
[insert the full name of the person completing this form, who must be authorised to lodge this application as the owner or the owner's representative or on behalf of the owners corporation]
6. Your telephone number
[insert the telephone number of the person completing this form]
7. Your email address
[Insert the email address of the person completing this form. An email confirmation will be sent to this address.]
8. Verification of identity
[Attach evidence that, in submitting this application, you are the owner in question or are authorised to act on behalf of the owner or owners corporation in question. This could be minutes from an owners corporation meeting in the last 12 months or an email from the chairperson or owners corporation manager.]
9. Owners corporation committee members (if applicable)
[insert a list of members of the owners corporation committee, with the chairperson identified]
[insert contact details for the owners corporation manager (if there is one), including name, registration number, company name, address, email address and telephone number]
11. Building class
[tick all building classes that apply to the building in question (as listed on the occupancy permit)]
🞏 Class 2 (apartment buildings)
🞏 Class 3 (other residential buildings such as a boarding house, hotel, etc.)
🞏 Class 4 (a dwelling within a Class 5, 6, 7, 8 or 9 building)
🞏 Class 5 (office buildings)
🞏 Class 6 (retail buildings)
🞏 Class 7 (carparks, warehouses, etc.)
🞏 Class 8 (factories)
🞏 Class 9 (public buildings)
🞏 Class 10 (non-habitable structures)
12. Building insurer
[insert contact details for the building insurer, including name, address, email address and telephone number]
13. Current building insurance policy
[attach a copy of the current building insurance policy]
14. Insurance claims
Have you or has the owners corporation commenced any insurance claims relating to combustible cladding or any other defects related to the building (for example, domestic building insurance claims)?
🞏 Yes – [insert details, including in relation to timing, and attach any relevant documents]
🞏 No – [explain why]
15. Is the building developer or any original builder an owner of any part of the building, including any units, offices or retail spaces within it?
🞏 Yes – [insert details]
🞏 No
🞏 Unsure
16. Has the building developer, any original builder or any other third party involved in the design and construction of the building been approached to fix the combustible cladding at their own cost?
🞏 Yes – [insert details]
🞏 No – [explain why]
17. Original builder(s)
[Insert the name(s) of the original builder(s). This can be found on the building permit(s) and any contracts for the building work for that building.]
[Insert the name(s) of the original architect(s) or building designer(s). This can be found on the architectural plans or listed on the building permit(s).]
20. Original architect's or building designer's registration number
Are you or is the owners corporation engaged in or planning to engage in any litigation in relation to combustible cladding?
[choose one]
🞏 We are currently engaged in litigation
🞏 We have completed litigation
🞏 We intend to litigate in the future
🞏 We do not intend to litigate
🞏 No decision has been reached regarding litigation at this time
26. Reason(s) for not intending to litigate (if applicable)
🞏 Difficulty
🞏 Expense
🞏 Do not know the process
🞏 Other – [specify]
27. Details of any litigation commenced or planned (if applicable)
[insert the details of any litigation commenced or planned, including name and contact details of your solicitor, opposing parties, date of next hearing and location of next hearing (for example, proceedings before Domestic Building Dispute Resolution Victoria or VCAT)]
28. Are combustible cladding rectification works currently underway?
🞏 Yes – [insert details]
🞏 No
29. Building Appeals Board (BAB) modification or compliance assessment determination
Have you applied to the BAB for a modification or compliance assessment determination (under section 160 or 160A of the Building Act 1993)?
[provide copies of any documents you have relating to a BAB modification or compliance assessment direction/order/determination]
30. Contracts relating to the building
Do you have any of the following documents relating to the development and construction of the building in question?
[if so, tick which documents you have and attach copies]
🞏 Contract with builder
🞏 Contract with building surveyor
🞏 Contract with architect
🞏 Contract with fire safety engineer
31. Additional information (if applicable)
[insert any additional information relevant to rectification of the combustible cladding on the building in question]
32. Building notices
[attach any building notices, current or cancelled, issued by the relevant building surveyor (RBS), Victorian Building Authority or municipal building surveyor in relation to cladding or fire safety matters for the building in question]
33. Current building notices
For any current building notice in relation to cladding or fire safety matters, has a response been provided?
🞏 Yes – [provide a copy of the response with the date it was provided to the relevant building surveyor (RBS), Victorian Building Authority or municipal building surveyor]
🞏 No – [indicate when a response is required]
34. Building orders
[attach any building orders, current or cancelled, made by the relevant building surveyor (RBS), Victorian Building Authority or municipal building surveyor in relation to cladding or fire safety matters for the building in question]
35. Emergency orders
[attach any emergency orders, current or cancelled, made by the municipal building surveyor in relation to the building in question]
36. Fire safety engineers or other consultants
Have you or has the owners corporation engaged a fire safety engineer, building surveyor, builder or other consultant in relation to the cladding at any stage?
[if yes, attach a copy of any fire engineering report or other reports]
37. Product identification testing
Have you or has the owners corporation arranged for any product identification testing on the building in question?
🞏 Yes
🞏 No
🞏 Unsure
38. Results of product identification testing (if applicable)
[insert results of any product identification testing]
39. Quotes to rectify combustible cladding
Have you or has the owners corporation obtained any quotes to rectify combustible cladding?
[if yes, attach a copy of any quotes that have been obtained]
40. Occupancy permit
Date of issue:
[attach a copy of the occupancy permit and ensure that all essential safety measures (ESMs) are listed]
41. Building permit(s) and endorsed plans
[Attach copies of the building permit(s) and endorsed building plans for the building, including floor plans, elevations and the plan of subdivision, if not already provided to Cladding Safety Victoria. These should have originally been provided to the owners corporation by the original builder(s) and can be obtained from your local council.]
42. Court, tribunal or board orders
[attach a copy of any order made by a court, tribunal or board in any proceeding to which you were a party or the owners corporation was a party in relation to the cladding in question]
43. Acknowledgement
I acknowledge that the granting of the funding or other assistance is at the discretion of Cladding Safety Victoria and that the submission of this application does not automatically give rise to any entitlement.
Name:
Signature:
Date:
FORM 3
Regulation 9(2)
Cladding Safety Victoria Act 2020
Cladding Safety Victoria Regulations 2020
FUNDING AGREEMENT
Between
Cladding Safety Victoria
and
Name of owner/owners corporation
ABN
Postal address
Postcode
Email
Address for service of documents
Postcode
Contact person Telephone
Property details
Number/ Street/road
City/suburb/town
Postcode
Details of the cladding rectification work
[insert details of the cladding rectification work that will be funded by Cladding Safety Victoria]
Grant
The amount of funding granted by Cladding Safety Victoria $
Retrospective funding (if applicable)
Work carried out
Details of payment
[insert description of work already carried out]
[insert details of payments for the work carried out]
Time for grant payment
🞏 Progressively throughout the cladding rectification work
If payment is made progressively, time for payment:
[insert time for progress payments e.g. monthly, on [X] day of each month, at the beginning of each stage of work, etc.]
🞏 On achievement of a project milestone
[insert details of any relevant project milestone]
Details of insurance required to be taken out and held by the owner or owners corporation
[insert the amount and coverage of insurance required to be taken out and held]
Name: Name:
Position: Position:
Signature: Signature:
Date: Date:
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Cladding Safety Victoria Regulations 2020, S.R. No. 133/2020 were made on 1 December 2020 by the Governor in Council under section 43 of the Cladding Safety Victoria Act 2020, No. 31/2020 and came into operation on 1 December 2020: regulation 3.
The Cladding Safety Victoria Regulations 2020 will sunset 10 years after the day of making on 1 December 2030 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Cladding Safety Victoria Regulations 2020 by statutory rules, subordinate instruments and Acts.