This note highlights that cladding rectification works are subject to the requirements of the Design and Building Practitioners Act 2020 (the D&BP Act) irrespective of whether the work is undertaken under a building approval, a fire safety order or whether the building has voluntarily chosen to be part of Project Remediate. It also sets out the matters that will be the focus of audits by Fair Trading.

This important clarification will ensure building owners and building professionals are aware that where cladding rectification is undertaken on class 2 buildings regulated designs must be prepared, lodged and declared in accordance with the D&BP Act and those plans will be audited by the regulator. This will help ensure that all cladding remediation of class 2 buildings undertaken in NSW is compliant with Building Code of Australia.