Prohibition of High Risk Cladding Products

Minister's declaration

With effect from 1 February 2021, the Minister for Planning declared under section 192B(1) of the Building Act 1993 (the Act) that certain high risk external wall cladding products are prohibited from use by any person carrying out building work in Victoria on Type A or Type B construction buildings.¹

Buildings affected by the prohibition

The prohibition applies to Class 2 to 9 buildings required to be of Type A or Type B construction under the Deemed to Satisfy (DtS) Provisions of Part C1 of the Building Code of Australia (BCA) Volume One, where an application for a building permit was made on or after 1 February 2021.²

The prohibition applies regardless of whether a Performance Solution is proposed to meet the Performance Requirements of the BCA.

It does not apply to:

• buildings of Type C construction
• Class 1 and Class 10 buildings under the Building Code of Australia.

Prohibited cladding products

The Minister's declaration prohibits the use of the following external wall cladding products:

• aluminium composite panels (ACP) with a core containing less than 93% inert mineral filler by mass when used as external cladding as part of a wall system
• expanded polystyrene (EPS) products used in an external insulation and finish (rendered) wall system.

Minister's Guideline MG-14

From 22 March 2018, where a building permit application proposed the use of EPS or certain ACP products in an external wall system, Minister's Guideline MG-14 required a determination by the Building Appeals Board confirming compliance with the Act and relevant building regulations.

MG-14 was revoked on 1 February 2021.

Cladding products not affected by the prohibition

The declaration does not affect the use of other external wall cladding products in Type A or Type B buildings. This includes products such as insulated sandwich panels and EPS concrete (Conpolcrete™), which are not considered prohibited cladding products.

Applying the prohibition and the Building Code of Australia

Any product, system or construction method must comply with the Performance Requirements of the Building Code of Australia through:

• a Deemed to Satisfy (DtS) Solution
• a Performance Solution
• a combination of both.

Many cladding products are not covered by the DtS Provisions and therefore require a Performance Solution.

Impact on existing building permits and Building Appeals Board applications

The Minister's declaration does not apply where:

• the application for a building permit was made before 1 February 2021
• an application was made to the Building Appeals Board relating to a building permit application lodged before 1 February 2021.

Where a building surveyor is assessing a building permit application made before 1 February 2021 that proposes the use of ACP or certain EPS cladding products, MG-14 continues to apply.

Cladding rectification program

The Minister's declaration is not retrospective and does not apply to buildings for which a building permit was issued before 1 February 2021.

The decision to prohibit these products aims to reduce future risks arising from inappropriate use. It does not represent a changed view by the Victorian Government about the inherent risk of the products themselves.

The declaration does not affect risk assessments undertaken by building practitioners after construction, by relevant building surveyors or through the state-wide cladding audit.

Where these products have been appropriately installed, assessed and approved by qualified building practitioners, their installation is not affected. This includes circumstances where cladding remains on a building following rectification with the appropriate authorisation.

Owners and occupants of existing buildings should continue to follow any advice or directions provided by the Victorian Building Authority, the municipal building surveyor or another qualified building practitioner.

Failure to comply with the prohibition

Failure to comply with the prohibition may result in significant penalties under section 16 of the Building Act 1993, including:

• up to 500 penalty units for an individual
• up to 2,500 penalty units for a body corporate.

Further information

• Information about the prohibition and the Victorian Government's combustible cladding program is available from the Department of Transport and Planning.
• Minister's Declaration – Prohibition of High Risk Cladding Products.
• What is combustible cladding
• Aluminium Composite Panels fact sheet.
• Expanded Polystyrene fact sheet.

¹ See Part C1 of the Building Code of Australia Volume One for the definitions of Type A Construction and Type B Construction.

² Section 192B(2) of the Building Act 1993 provides that the declaration does not apply to building work that is the subject of a building permit application made before the commencement date.