Be aware of fire safety notices sent to council

Amendments to the Environmental Planning and Assessment Regulation 2000 came into force on 18 July 2014. These amendments repealed Clause 132A and removed the requirement that Complying Development Certificate (CDC) proposals for a change of use, addition or alteration to an existing building approved prior to 1 January 1993, and involving an area greater than 0 square metres require a Building Upgrade Report from an independent A1 Accredited Certifier prior to the issue of a CDC.

 

A new Clause 129D requires that certifying authorities to whom an application has been made for a CDC affecting an existing building notify the council of any “significant fire safety issue” they become aware of.

Amendments to Clauses 131 and 132 provide that a CDC cannot be issued for a change of building use, or for building work involving the internal alteration of an existing building, unless the building contains measures that are “adequate”, in the event of a fire, to facilitate the “safe” egress of persons from those parts of the building affected by the change of building use or the building work.

In order to mitigate the risks imposed by Clause 129A, certifiers are taking the approach of providing notice to council for the fire safety systems of all buildings, whether this is actually warranted or not. Building owners are advised to stay abreast of any notices sent to council in relation to their buildings so that they can stay on the front foot in managing them.

To view the technical guidelines for practitioners on the new fire safety provisions, click here.

The Property Council has made submissions to the Department of Planning & Environment advocating that the changes be repealed.