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ARTICLE · 18 JANUARY 2018

Update on non-conforming building products legislation in NSW

Holding Redlich
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This 2017 Act was introduced to address safety risks arising from the use of non-conforming building products in NSW.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Eleanor Grounds
Eleanor Grounds
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The majority of the Building Products (Safety) Act 2017 (NSW) (the Act) commenced on 18 December 2017.

The Act was introduced to address safety risks arising from the use of non-conforming building products in New South Wales, partly in response to the tragic fires at the Lacrosse Tower in Victoria in 2014 and the Grenfell Tower in London in 2017.

The Act provides the Fair Trading Commissioner with the power to ban specified uses of a building product when satisfied on reasonable grounds that the particular use is unsafe.

The use of a building product in a building will be deemed unsafe if there is a safety risk posed by the use of the building product in the building. A safety risk will arise if any occupants of the building are or will likely be at risk of death or serious injury arising from the use of the building product in the building, even if the risk will only arise in certain circumstances or if some other event occurs like a fire.

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