Retrospective assistance for cladding remediation work

If you live in a residential class 2 apartment building in New South Wales and undertook cladding rectification work before Project Remediate became available, your owners corporation may be eligible for retrospective assistance.

Last updated: 14 August 2023

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Key information

  • Owners corporations who began cladding remediation work on, or before, 30 June 2021 may be eligible for financial assistance as part of Project Remediate.
  • Retrospective assistance is available to eligible owners corporations that have: 
    • passed a strata resolution to enter into a contract for cladding remediation work on or before 30 June 2021, and, 
    • agree to the terms set by the Office of Project Remediate, which includes the alignment of all cladding remediation work with the scope of work supported by Project Remediate. 
  • Retrospective assistance will apply to the same scope of work as Project Remediate, that is cladding remediation and directly associated façade repair work.
  • You can apply for retrospective assistance by reading the information below, completing the form, and providing documentation. We will assess all registrations of interest by owners corporations to determine if the building is eligible and the status of any works undertaken.

What is retrospective assistance?

Retrospective assistance makes financial assistance available to those owners corporations that began cladding remediation works before Project Remediate was available. 

What support does the owners corporation receive?

If eligible your owners corporation would receive a lump sum payment equivalent to the interest that would have been paid by government under Project Remediate.

This amount will be based on the interest cost to government of a Project Remediate loan for the same amount spent by the owners corporation on eligible remediation work. 

Eligibility

  • Your building must be a residential apartment building (Class 2) in NSW. This includes multi-use buildings, for example part commercial/part residential, and, 
  • your building must be confirmed by the NSW Cladding Taskforce to have had a high-risk combustible cladding façade requiring remediation, and, 
  • your owners corporation must have passed a strata resolution to enter into a contract for cladding remediation work on or before 30 June 2021.  

Strata support payment

An owners corporation that receives retrospective assistance is eligible for the $5,000-$15,000 strata support payment as if it were in Project Remediate. The payment amount is calculated based on the number of residential lots in the strata scheme. Read more about the strata support payment. 

Who can apply?  

You can only apply if you are an authorised representative of an owners corporation. This person is usually either: 

  • a strata managing agent
  • a member of the strata committee authorised by a decision of the owners corporation
  • a lawyer representing the owners corporation. 

What you need to apply?

  • Contact details of your building’s authorised representative 
  • your building’s details, including the address, strata plan number and your building’s designated class/type of building scheme 
  • a copy of your owners corporation’s strata resolution which evidences that a contract for the remediation work to replace affected cladding, was passed on or before 30 June 2021
  • information about your building and documents to support your application. For example: Fire Safety Order, reports, building plans, council notices, insurance policies, existing owners corporation resolutions, existing signed contracts, evidence of the standards of remediation; proof that the original fire order has now been lifted through the completion of successful remediation. 
  • The owners corporation must submit a compliance declaration under the Design and Building Practitioners Act 2020 (if applicable - in case the remediation started on or after the implementation of the new legislation on 1 July 2021).

Overview of this application process 

This section provides an overview of what you can expect when you register for retrospective assistance: 

Register

Your authorised representative registers the owners corporation's interest and provides details of the building and the remediation work.

Eligibility check

  • We will review the submission application to assess eligibility
  • We may contact the authorised representative to seek clarification or request further information to confirm eligibility.    

Eligibility advice

We will inform the authorised representative if the building appears to be eligible based on the initial review. Not all applications will progress past this stage. You will be informed if you are not successful.

Verification and assessment

Once your building has been confirmed as passing the initial assessment, Project Remediate will request further information and documentation from you, to verify details of the remediation work. Documents that will be requested will include those that outline the scope, cost and completion status of the cladding remediation work which you have undertaken. 

We will review contract documents, plans, reports, invoices, payment records and any documents which certify the completion of the works. 

We will liaise with other parties such as the council or consent authority or contractors and consultants involved in the remediation work as required to verify the remediation work undertaken. 

Owners corporation acknowledgement

The owners corporations will be required to acknowledge by way of a strata resolution that: 

  • the cladding remediation work has been completed independently without oversight by the Office of Project Remediate
  • no Project Remediate ‘Remediation Assurance Certificate’ will be issued
  • the owners corporation will enter into a deed of release before receiving retrospective assistance. 

Finalisation

We will inform the owners corporation of the amount that it is eligible to receive as a lump sum payment. 

The owners corporation will be required to execute a deed of release noting that upon receiving Retrospective Assistance:

  • the owners corporation will not seek further financial assistance from Government related to cladding remediation
  • any obligation owed to the owners corporation by the Government related to the Retrospective Assistance is extinguished.

Payment / refinancing

After receiving the owners corporation's deed, the owners corporation will then receive a lump sum payment through Project Remediate's loan provider. 

Enquiries

Please email projectremediate@customerservice.nsw.gov.au with any questions relating to retrospective assistance. 

Register for retrospective assistance for your cladding remediation work. 

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Introductory information
Authority to register
Are you authorised to register interest on behalf of the owners corporation?

If you are not authorised to apply, you should discuss this matter with the owners corporation or strata managing agent.

Authorised representative contact details
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Privacy Collection Notice

You are providing your personal information as the organisational contact for this query or action. Your information will only be used for this purpose – please read the privacy collection notice for more information about how we handle your personal information.

You are providing your name and contact details to Building Commission NSW as the organisational contact for this query or action. The information you have given Building Commission NSW will only be used for registering for retrospective payment on flammable cladding replacement, and for actions arising from it.  

The personal information provided in this form will not be associated to or matched with any personal interactions you may have with Building Commission NSW. 

Building Commission NSW may provide your personal information to other agencies if your enquiry needs to be redirected. Building Commission NSW will not disclose your personal information to anybody else unless required or authorised by law, such as by court order. 

Building Commission NSW will store and protect your personal information until the enquiry or purpose of contact has concluded. Subject to any other legal requirements regarding information retention, your information will be retained for 10 days. 

More information 

This privacy notice applies only to the information you are providing in this form. If you would like to know more about how Building Commission NSW meets its regulatory obligations in collecting, using, sharing and storing personal information, you can read their complete Privacy Policy or Privacy Management Plan on https://www.nsw.gov.au/nsw-government/privacy-statement. 

You have the right to access your personal information held byBuilding Commission NSW, without excessive delay or expense. You also have the right to have your personal information corrected if it is inaccurate or out-of-date.  

If you would like to access or correct your personal information, please contact below: 

Privacy Coordinator

Department of Customer Services
2-24 Rawson Place
SydneyNSW2000
Australia

Privacy@customerservice.nsw.gov.au

137788

Access to information

You may also contact Building Commission NSW if you have any questions about this privacy notice. 

Background 

Personal information  

Personal information is any information or an opinion about an individual whose identity is apparent or can reasonably be ascertained. 

Privacy and Personal Information ProtectionAct 1998 

NSW Government Agencies must comply with the Information Protection Principles (IPPs), which are outlined in the Privacy and Personal Information Protection Act 1998 (PPIP Act). These regulate the collection, storage, use and disclosure of personal information held by Government Agencies. 

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