The Essentials of the Cladding Safety Victoria Scheme
Cladding Safety Victoria (CSV) has been established by the Victorian Government to deliver the $600M investment to tackle the issue of combustible cladding on privately-owned residential apartment buildings across Victoria. It’s formation was one of the 35 recommended actions following a repot released by the Victorian Cladding Taskforce. 
To be considered for funding, an owners corporation must be responsible for a residential building that has been:
- referred to Cladding Safety Victoria by either the Victorian Building Authority (VBA) through the State-wide Cladding Audit or by the relevant local council;
- subject to a Building Notice or Building Order related to combustible external wall cladding; and
- assessed as higher-risk and prioritised for rectification by Cladding Safety Victoria.
Practically, Cladding Safety Victoria will progressively inform owners corporations if they are eligible to participate in the program, but what happens if that does not occur?
Section 27 of the Cladding Rectification Act 2020 provides:
- A municipal building surveyor may notify Cladding Safety Victoria of a building (other than a government building) that the municipal building surveyor considers requires cladding rectification work.
- A municipal building surveyor must include in a notification under subsection (any information supporting the municipal building surveyor’s opinion that a building requires cladding rectification work.
That notification is that, in the opinion of the municipal building surveyor (MBS), a particular building is in need of cladding rectification work (which can mean replacement of cladding with non-combustible material).
The MBS must use Form 1 under schedule 1 of the Cladding Safety Victoria Regulations 2020 in order to properly notify CSV of the same.
Section 28 of the Act states that CSV must prioritise for “potential financial assistance” any buildings in respect of which it has been notified by an MBS that cladding rectification work is needed.
Following the above, sections 28 and 29 are activated.
If the CSV determines that the building qualifies for funding, CSV may invite an OC to make an “Application to register Owner or Owners Corporation of building for potential financial assistance” using Form 2 under Schedule 1 of the Regulations.
Section 29 stipulates:
- After considering an application to register an owner or owners corporation of a building for potential financial assistance, Cladding Safety Victoria may accept or refuse to accept the application.
- Cladding Safety Victoria must consider the prescribed matters when deciding whether to accept or refuse to accept the application.
In conclusion, the purpose of Cladding Safety Victoria’s establishment by the VBA is to prioritise the rectification of buildings in accordance to the risk they pose and offer financial assistance in this rectification work. Details on thier current projects are detailed on thier website.
Lovegrove & Cotton Cladding Compliance and Regularisation Lawyers
For thirty years, Lovegrove & Cotton have provided advice and represented property owners, builders, and building practitioners in cladding regularisation matters. Please see the cladding section page for more information.
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This article is not legal advice and discusses it’s topic in only general terms. Should you be in need of legal advice, please contact Lovegrove & Cotton Lawyers and our experienced lawyers will assist you based on the facts and circumstances of your case.