A Victorian timber wholesaler and importer, Bayswood Timber Wholesalers Pty Ltd, has paid a penalty of $19,800 for making allegedly false or misleading statements about the suitability of its timber to be used in certain building applications in defined bushfire-prone areas.
The ACCC issued Bayswood with an infringement notice after investigating concerns that Bayswood marketed its Meranti timber product as having a certain density and being suitable for defined bushfire-prone areas.
In fact, the Meranti timber was insufficiently dense to meet the density requirements for the stated bushfire standard for some building applications.
Making false or misleading statements about features such as the quality or composition of goods is a breach of the Australian Consumer Law.
“It is important that businesses supplying timber for use in bushfire-prone areas understand the timber’s properties and ensure any claims they make about the timber are accurate,” ACCC Deputy Chair Mick Keogh said.
“It is crucial that builders and homeowners can rely on the accuracy of claims about building products, including because they may need to use timbers with certain characteristics to comply with building standards.”
The Australian Standard 3959-2018 for ‘Construction for buildings in bushfire-prone areas’ requires timber usedin those areas to have a specified minimum density depending on how it is used, for example in window assemblies, door frames and external cladding.
These minimum density requirements are important to ensure buildings have proper resistance to bushfire attack. Construction requirements are categorised by ‘Bushfire Attack Levels’ or ‘BALs’, starting from ‘BAL-LOW’ and ‘BAL-12.5’ for lower-risk areas, and increasing to ‘BAL-19’ and ‘BAL-FZ’ for the high-risk areas.
During October 2025, Bayswood provided a price list to its customers stating that its Meranti timber had a density of 400kg per cubic metre, and representing it was suitable for use in building applications where ‘BAL-12.5’ specifies a minimum timber density requirement.
However, the ACCC alleges that Bayswood’s Meranti timber was not suitable for BAL-12.5 applications which specify a minimum density requirement, such as door frames, or for window assemblies or external cladding which were less than 400mm from the ground.
During its investigation, the ACCC engaged with other timber suppliers about potentially misleading BAL claims regarding their timber products. These traders promptly changed their public material to remove the concerning BAL claims.
The ACCC understands that timbers of the same species but sourced from different locations can have different densities due to the different growing conditions. This may affect whether a certain timber product meets the minimum density requirements under the applicable BAL-rating of the Australian Standard.
“We are concerned that it is possible that some builders may have inadvertently used timber that did not meet building standards when they relied on the statements made by timber suppliers,” Mr Keogh said.
“While the ACCC’s involvement in this matter has been as the consumer regulator, we understand that this issue may raise concerns for homeowners and builders. We have informed state and territory building regulators of the results of our investigation, so they can assist consumers with concerns about individual building projects,” Mr Keogh said.
“Many areas in Australia are not bushfire-prone and therefore not subject to these timber density requirements.”
Building requirements and bushfire standards
The National Construction Code incorporates the Australian ‘Construction of buildings in bushfire-prone areas’ Standard. The Standard is included in state and territory planning and building legislation and regulations. Therefore, anyone building in designated bushfire-prone areas must comply with the Standard as part of their building permits.
The Standard outlines minimum density requirements for timber used in particular parts of a building, such as window assemblies and door frames, as denser timber is better for resisting ember attack.
These construction requirements are important to ensure buildings have proper resistance to bushfire attack. They only apply to buildings in bushfire-prone areas.
Construction requirements are informed by the location’s ‘Bushfire Attack Levels’, or BAL.
The BAL is an Australian standard system that measures a building’s potential exposure to ember attack, radiant heat, and direct flame contact. It determines the minimum density requirements for timber to be used in specific parts of a building in that location.
The BAL ratings range from the lowest level of ‘BAL-LOW’ and the second lowest of ‘BAL-12.5’ where the risk is primarily from embers during a fire, to the highest level of ‘BAL-FZ’ for the most-at-risk areas.
Builder or consumer concerns
Building regulators in the states and territories are responsible for building regulations. Homeowners and builders who have queries or concerns about the properties of their timber should consider contacting the relevant regulator in their area.
Victoria
Building and Plumbing Commission
- Call: 1300 067 088
- Visit: www.bpc.vic.gov.au/help-and-support
Australian Capital Territory
ACT Planning
- Call: 02 6207 1923
- Visit: www.planning.act.gov.au/contact
New South Wales
Building Commission NSW
- Call: 13 27 00
- Visit: www.nsw.gov.au/departments-and-agencies/building-commission/contact-us
South Australia
PlanSA
- Call: 1800 752 664
