Council may issue a Fire Safety Order to building owners if fire safety improvements are required or if an Annual Fire Safety Statement has not been submitted on time.
The building owner is responsible for ensuring all orders are complied with.
Notice of intention
Before issuing a Fire Safety Order, Council will usually send a Notice of Intention.
This gives the building owner the opportunity to:
- discuss the proposed order with Council
- seek independent advice if needed
Owners generally have 21 days from the date of the notice to advise Council if they wish to make a submission.
Fire Safety Order
When issued, a Fire Safety Order will outline:
- why the order has been issued
- what actions are required (for example, installing fire safety equipment, improving exits, or providing an annual fire safety statement)
- the timeframe for completing the required works
Timeframes are set based on the type and complexity of the work and may be staged where appropriate.
Responding to a notice or order
If you receive a Notice of Intention or Fire Safety Order, you may submit a written response to Council. This is called a representation request.
- There is no fee to make a request
- Requests must be submitted in writing using the representation form
If you are requesting an extension of time, you must:
- explain the reason for the request
- provide a clear proposal outlining how and when the works will be completed
Building owners are encouraged to seek independent legal or fire safety advice if required.
You also have the right to appeal all or part of an order within 28 days to the Land and Environment Court of NSW.
Complying with an order
The order will specify what must be done and by when.
You or your consultant must:
- provide progress updates to Council
- submit certification and required documentation
Council may inspect the completed works.
Once Council is satisfied the order has been complied with, a confirmation letter will be issued. This letter will also outline ongoing requirements, including submitting an Annual Fire Safety Statement every 12 months.
Compliance costs
Council may issue a compliance cost notice to recover some costs associated with preparing, monitoring and enforcing Fire Safety Orders under the Environmental Planning and Assessment Act 1979.
Penalties for non-compliance
Failure to comply with a Fire Safety Order can result in serious consequences, including:
- court action by Council
- recovery of Council’s legal costs
- significant court-imposed fines
- penalty infringement notices