23 September 2024

Mr Fluffy and combustible cladding: Why are apartment owners being treated differently?

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The horrific Grenfell Tower fire on 14 June 2017 killed 72 people. Photo: Creative Commons.

When Mr Fluffy was discovered as a dangerous and lethal form of insulation, the ACT Government undertook remediation work to rid affected homes of the danger, following the audit by the Commonwealth Government before self-government was achieved.

Unfortunately, some homes were missed, leading to a buy-back scheme by the government (via a $1 billion loan from the federal government) where homeowners were compensated and either purchased established homes or built new homes.

The feeling in the community was that this was a reasonable undertaking by the government. It was not the fault of the homeowner that the material was not fit for purpose.

Fast forward to the Grenfell Tower fire in the UK in 2017 where its cause and subsequent loss of life were traced back to flammable external cladding and insulation behind the cladding.

This led governments worldwide to undertake audits of apartment complexes to identify similar problems.

READ ALSO What housing crisis? ACT bucks national trend to build its way out of trouble, for now

Jurisdictions in Australia have handled this issue in a variety of ways. In the UK, grants were made to affected entities to resolve the issue.

In Canberra, and unlike Mr Fluffy homes, the remediation of flammable cladding on apartment complexes has become the responsibility of apartment owners (via their body corporate). While the offending cladding was installed at a time when it was legal and was therefore cleared by government-approved building certifiers, nobody knew what was coming.

There is a requirement for all complexes to remove offending cladding and replace it with material that will ensure owners are not harmed should there be a fire. It seems that in most cases, not only is the cladding no longer fit for purpose, but the way it was affixed to buildings is also non-compliant.

Fair enough, we all say, people must be safe in their homes. But the removal and replacement costs are almost prohibitive – just as they were throughout the Mr Fluffy ordeal.

The cladding must be replaced – insurance will become impossible to purchase without replacement. In our case, our insurer will only provide insurance in six-month blocks pending completion of the rehabilitation.

We are told the ACT Government has approved our complex for a “generous” loan to undertake the work. The interest rate is 4.2 per cent. The loan comes with a number of strings attached – for example, the body corporate must have a minimum of 10 per cent contingency for the work, the offending cladding must be recycled and evidence of how it is recycled is to be provided etc.

This building work is the largest private remediation in the ACT, at an eye-watering cost of $15 million. This means that every owner will be required to pay tens of thousands of dollars annually for many years to come. In our instance, we are not far off $100,000 as our share of the costs. And costs may rise depending on labour and material availability.

Within our community, many continue to shake their heads and wonder whether this issue is any different from Mr Fluffy. After all, the use of the cladding was legitimate and approved when the building was constructed and passed fit for occupancy. That is identical to Mr Fluffy.

Why, then, in the ACT, are apartment owners being treated in this fashion? We are no different from Mr Fluffy owners. Because we are apartment dwellers, it doesn’t mean that we have access to more funds than others. Indeed, many apartment dwellers have downsized and are working at living within their means.

The imposition of these enormous costs on owners leaves more than a bad taste in the mouth. The imposition of other costs (interest rates, excess costs for recycling, contingency funds, etc) is an outrageous overstep by the ACT Government.

None of this story covers the anxiety caused to owners, nor the incredibly challenging time ahead whereby “wrapped” scaffolding will cover the building until the task is complete in around 18 months.

This whole process should be incredibly embarrassing – for politicians and bureaucrats alike.

At the very least, the government should not be charging interest on the loan provided. The government should take responsibility for recycling the offending cladding. These actions would go some way to mitigating the fact that there is no equity between Mr Fluffy owners and “bad cladding” owners.

Robert and Helen Goddard are residents of the ACT.

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Stephen Ellis12:19 pm 23 Sep 24

I attended a meeting arranged by the Owners Corporation Network some time ago, where MLA Vassarotti, basically dismissed us from the start with her “welcome to country”, which ended with “Always was , always will be, stolen land”.

This let us all know what to expect, given Ms Vassarotti was telling us we had no right to be here. She then lectured us for 30 minutes regarding the government’s generous offer of a subsidised loan that would have had our OC in debt to the banks for a decade or more. The lecture ate into the Q&A time, meaning we couldn’t even express our views on the inadequacy of the government’s offer before she beat a hasty retreat. After replacing the combustible cladding in our apartment complex, we had to get a new Certificate of Occupancy which, no doubt will be cancelled again the next time the ACT Government decides to change the rules.

We are in the same boat. A 6 unit townhouse development, free standing buildings of 1 & 2 stories with a $700000.00 plus bill! No assistance available anywhere. A lot of money per unit to find.

This is a very good article and a fair comparison. Don’t think though that the Fluffy victims got a great deal. Nearly all are significantly out of pocket after this “deal”. We lost about $200,000. And we may still die from asbestos related disease.

How were you out of pocket when the government paid market rates for each dwelling with a number of prices from different assessors?

We were paid the lesser of 2 quotes from government employed assessors. You then have to move, find another place to live, and despite government assertions, the amounts paid were not sufficient to buy a comparable house in the same area – so obviously not market rates. Moving and rebuying is not cheap. Yes, there was a stamp duty waiver but all the costs add up. Many Fluffy victims found that the amount paid for the house and land was less than the land was sold for after the clean up. So even if you waited (and paid rent for several years) you probably couldn’t afford to move back to your old block.

That may have been your experience but from my experience knowing a number of owners of these houses, they almost all actually came out financially better off. Particularly when you consider that the government could have easily offered nothing or a significantly reduced amount.

The only people I know of that were worse off were those who had overcapitalised or completed recent renovations which weren’t adequately captured in assessments.

Yes, moving is not cheap, but there were numerous additional services and fee waivers provided.

Also, not sure how you were paid the lesser of 2 quotes, when they were meant to take the average?

People who weren’t happy also had the opportunity to dispute the assessments and get a 3rd valuation.

“Many Fluffy victims found that the amount paid for the house and land was less than the land was sold for after the clean up.”

Yes, because property prices had increased in the period of the cleanup and it was often preferable for new buyers to get a completely empty block, saving them the cost of knocking down an old/unsuitable house.

Not sure why you would expect previous owners to further benefit somehow, when other taxpayers were footing the bill.

It’s understandable that it may have been very difficult for many people forced to unexpectedly sell/move house, but the overall scheme was generous in nature.

there are still buildings in Canberra that have this
for example Doma Groups Realm hotel below all the windows the black panels are the combustable cladding

I agree – I am in an apartment complex with cladding. The cost of replacement is so high. Why the government is making us pay to replace a product they approved is so unjust. Even an interest free loan would be expensive, but it’s a clear money grab by the current government. They should be paying for what is their failure to adequately assess the product in the first place before it was approved.

“it’s a clear money grab by the current government”

Look I have sympathy for those that have to deal with this mess. But in what way is it a ‘clear money grab’ by Government? They may be cost shifting sure – but they aren’t making any money out of this….

And while I’m happy to bash government as much as everyone else, why is it that the original suppliers are always let off scot free? They also should be wearing the cost of replacement, given they sold an unsafe product to begin with.

They are making money out of this — the “generous” loan is at 4.2 per cent. And if you follow the Grenfell inquiry in the UK, you’d read that governments, manufacturers and developers knew the product was a dud. The government ticked off and gave these properties a certificate of occupancy; in the Mr Fluffy instances the government ticked off and encouraged its use. So as far as I’m concerned, the government has a significant responsibility here. And it will go for years!

Wasn’t the billion dollar loan from the Feds originally a 50/50 deal to which Ms Gallagher crumbled at the knees at the last minute and Jo Blow Canberra citizen copped it in the neck followed by MS Gallagher receiving the Labor jump ship and parachute treatment.

Yes, Gallagher couldn’t get out of here fast enough once she’d burdened the ACT rate payers with a massive debt. And as far as I know, not one of our federal representatives has done anything about it since then.

Margaret Freemantle2:15 pm 22 Sep 24

The expense of the cladding removal has caused enormous stress that has not been addressed. To say it was legal at the time baffles me. A fire expert said that to test if cladding is safe and if it is flammable, you simply put a match to it!. How could it EVER have been legal to put flammable cladding on any building and then give a certificate saying it is fit for occupancy?

Wrong! The second-round of Mr Fluffy that included the buy-backs was NOT due to the fact that some of the properties were missed in the first audit…

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