New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2014 - REG 69A

69A Major defect in building--external cladding

(1) This clause applies to a building with a rise in storeys of more than 2 in respect of which a breach of statutory warranty occurred in either of the following circumstances--

(a) the warranty period for the breach started on or after 20 April 2018,

(b) the warranty period for the breach started before 20 April 2018 and the period in which proceedings could be commenced for the breach of statutory warranty had not already expired before 20 April 2018.

(2) The failure of external cladding of a building to comply with the performance requirements of the National Construction Code for fire resistance and fire safety for that building is prescribed as a major defect for the purposes of paragraph (b) of the definition of
"major defect" in section 18E(4) of the Act.

(3) In this clause--

"rise in storeys" and
"storeys" have the same meanings as they have in the National Construction Code.