Non-conforming building products
Objectives
Queensland leads the nation in ensuring building products are safe and fit for their intended use.
Queenslanders can reasonably expect that the buildings we live in, work in and visit are safe, and the products used to construct them meet the relevant building standards and community expectations.
Our laws create a chain of responsibility that requires all members of the building product supply chain – from manufacturers, importers and wholesalers to suppliers and installers – to take responsibility for building products being compliant and fit for their intended purpose.
We know that non-conforming building products (NCBPs) put lives at risk, so it’s important that we can enforce these laws.
The Queensland Building and Construction Commission (QBCC) has more 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 do the same.
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 an NCBP code of practice to assist industry:
- Released the code of practice 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 has been providing timely and expert advice about building products to the minister, Queensland Building and Construction Board and Commissioner of the QBCC to help them effectively perform their functions.
Continue to lead the nation regarding NCBPs:
- Delivered new laws in October 2018 to compel private building owners to require the Safer Buildings Checklist and determine the extent of potentially combustible cladding.
- Introduced Queensland Development Code Part 2.5 – Use of external cladding, which banned the use of certain combustible cladding products.
Increased QBCC powers to assist with implementation:
- Increased QBCC powers to investigate the use of NCBPs and take action against non-compliance.
- QBCC is using these powers to investigate and enforce NCBP legislation with other Queensland and interstate agencies.
Actions in progress
Continue to respond to combustible cladding issues:
- Rectifying government-owned buildings.
- Overseeing the combustible cladding checklist.
- Considering the outcomes of the Safer Buildings Taskforce’s work and its recommendations relating to private buildings.
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.