{"id":1403,"date":"2017-11-20T02:31:38","date_gmt":"2017-11-20T02:31:38","guid":{"rendered":"https:\/\/kerinbensonlawyers.com.au\/resources\/?p=1403"},"modified":"2017-11-20T02:31:38","modified_gmt":"2017-11-20T02:31:38","slug":"building-cladding-crisis-and-orders","status":"publish","type":"post","link":"https:\/\/kerinbensonlawyers.com.au\/resources\/building-cladding-crisis-and-orders\/","title":{"rendered":"Building Cladding Crisis and Orders"},"content":{"rendered":"
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In the light of the current crisis around building cladding, the NSW Government is sending Notices of Intention to Issue an Order to buildings it suspects of having flammable wall cladding.<\/span><\/p>\n

Please see the typical letter<\/a> being sent to owners corporations by the NSW Government enclosing the Notices of Intention to Issue an Order.<\/span><\/p>\n

The NSW State Government (in addition to local councils) has the power to issue such notices although typically it is local councils who issue Notices of Intention to Issue an Order.<\/span><\/p>\n

Once a Notice of Intention to Issue an Order has been provided to an owners corporation, a Fire Safety Order can issue requiring an owners corporation to complete work at its own cost to rectify any non-compliances with the Building Code of Australia.<\/span><\/p>\n

Notices of Intention to Issue an Order and Fire Safety Orders are issued as part of the ongoing responsibility of the NSW State Government and local councils to enforce the fire safety provisions of the Environmental Planning and Assessment legislation.<\/span><\/p>\n

Appeal Rights<\/span><\/u><\/strong><\/p>\n

It is important for owners corporations to appeal an Order if one is received and the owners corporation does not wish to complete all the work required by the Order (because some or all of the work required by the Order may not be necessary). This is because not appealing greatly weakens the bargaining power of the owners corporation in any negotiations regarding compliance with the subject matter of the Order. That is, there is ultimately little an owners corporation can do to resist total compliance with an Order if no appeal is lodged and the NSW Government digs its heals in over compliance.<\/span><\/p>\n

There are two types of appeal that can be made against an Order:<\/span><\/p>\n