Fire safety upgrade rules clarified for strata buildings in NSW

Strata buildings may need fire safety upgrades in certain cases

Owners corporations in New South Wales may be legally required to upgrade fire safety systems in strata buildings, depending on the circumstances.

According to Building Commission NSW, requirements under the Environmental Planning and Assessment Act 1979 (EP&A Act) and its associated regulations may trigger these obligations.

Fire safety upgrades may be mandated through formal fire safety orders, or when a Development Application or Complying Development Certificate is submitted that affects the building’s use or structure.

The commission said upgrades may also be required when smoke alarm standards change or where existing systems no longer meet minimum performance requirements listed in a fire safety schedule.

Fire and Rescue NSW or local councils have the authority to issue fire safety orders under Division 9.3 of the EP&A Act.

These orders may compel owners to install or improve fire safety systems to bring buildings into full or partial compliance with the Building Code of Australia.

Building modifications may trigger compliance upgrades

Fire safety upgrades are not only ordered reactively but can also result from building modifications.

Building Commission NSW said a change in building use through a Development Application (DA) may require updated protection measures to match the new occupancy type.

It explained that fire safety features such as smoke detection, sprinkler systems, and emergency exits must align with the use classification under the Building Code of Australia.

The agency also noted that when new or proposed building work exceeds 50 percent of a building’s volume, fire protection systems may need to be reassessed.

Upgrades in these cases ensure consistency with category 1 fire safety provisions and structural requirements.

This also applies to Complying Development Certificates (CDCs), where assessments must consider current fire safety standards under sections 142 and 143 of the EP&A Regulation 2021.

Fire safety orders follow procedural steps

Building Commission NSW said local councils must follow a defined process before issuing a fire safety order.

They must notify the building owner and include the intent of the order, the terms, the compliance timeframe, and information on how to respond or appeal.

Owners have the right to make representations and can appeal to the Land and Environment Court if they dispute the order.

The commission stated that this is part of procedural fairness, and allows owners to seek negotiation on the type and timing of required works.

However, if Fire and Rescue NSW issues a fire safety order, there is no right of appeal unless the order restricts access or use of the property.

Routine maintenance does not require upgrades

According to Building Commission NSW, routine fire safety inspections or maintenance do not in themselves trigger an obligation to upgrade systems.

The organisation clarified that fire maintenance contractors cannot compel upgrades unless a formal order or regulatory process is involved.

It said building owners are only required to upgrade existing fire safety measures if they fail to meet the performance standard listed on the building’s fire safety schedule.

This schedule sets out which measures are in place and their required performance level.

The commission confirmed that as long as measures meet these standards, no further upgrades are needed, even if newer standards exist.

Smoke alarm requirements remain in place

Smoke alarm regulations also form part of the fire safety upgrade rules.

Building Commission NSW noted that smoke alarms must be installed in all dwellings and buildings where occupants sleep.

The required locations and technical specifications are detailed in Part 13 of the EP&A (Development Certification and Fire Safety) Regulation 2021.

These provisions ensure that all new development or changes in occupancy continue to meet minimum life safety requirements.

The commission stated that failure to comply with smoke alarm provisions may trigger a separate compliance process or enforcement action.

Fire safety upgrade rules clarified for strata buildings in NSW: Summary

Owners corporations may need to upgrade fire safety systems in strata buildings under specific legal triggers.

Building Commission NSW stated that these triggers include fire safety orders, development applications, or non-compliance with performance standards.

Fire safety orders can be issued by local councils or Fire and Rescue NSW under the EP&A Act.

Development applications involving structural changes or changes in use may require upgrades to meet Building Code of Australia standards.

Complying Development Certificates also require consideration of current fire safety measures.

Fire safety orders from councils must follow a process that includes notification and appeal rights.

Orders from Fire and Rescue NSW cannot be appealed unless they restrict access.

Routine maintenance does not require upgrades unless the system no longer meets the listed performance standard.

Smoke alarms must be installed in sleeping areas, with technical requirements set by regulation.