Bushfire provisions and safety

Having land that is designated bush-fire prone, does not mean you cannot build your dream home, it just means you will need to ascertain the risk of fire on the property through the Bushfire Attack Level or BAL system, and then submit the appropriate development application with appropriate certification.

• Planning for Bushfire Protection

A lot of the land in the Bega Valley Shire is designated bushfire-prone. To find out if your land is designated bushfire-prone you can call Council on 02 6499 2222 and a Customer Service Officer will be able to help you. You can also ask Council to provide you with a S10.7 Certificate(PDF, 171KB), which will identify whether or not the land is in a bush-fire prone area. Note there is a fee attached to obtaining this certificate.

Once you have ascertained whether your land is in a bushfire-prone area you will need to find out the level of risk to your property. This will determine whether you can go ahead with an application for a Complying Development, or whether you need to put in a Development Application. The first step is to find out the risk level. You will need to contact a suitably qualified consultant in bushfire risk assessment who will help you with this. The Rural Fire Service recommends you go to the Fire Protection Association Australia for a list of qualified consultants.

The consultant will be able to tell you whether your property is a high risk BAL 40 or FZ (Fire Zone). If this is the case then Complying Development cannot go ahead and you will have to put in a Development Application. Before you fill out your DA you will need to fill out online a BAL Risk Assessment – the results of this will give your designer and builder the correct information they need to build your home or extension and comply with relevant standards as per the Building Code of Australia (Australian Standard 3959).

No, if your bushfire consultant has told you your land is not in a BAL 40 or FZ then you will need to find out exactly what level of BAL your land is. Unlike with the DA process this can only be done through the bushfire consultant, who can then issue you with a formal BAL Certificate.

You can submit the BAL Certificate to Council when you apply for your Complying Development Certificate, or even before. This risk rating informs your designer and builder as to the standard of construction and design as per the Building Code of Australia (Australian Standard 3959).

You will still need to contact a bushfire consultant to give you accurate information about whether or not you are in a BAL 40 or FZ. You can then find out your exact bushfire level rating by completing your own BAL Risk Assessment online. You are not required to have a formal BAL certificate to submit alongside your DA

Regular mandatory inspections of the property will ascertain that everything is going according to plan. You will not receive a final Occupation Certificate unless your Principal Certifying Authority is satisfied with the compliance.

If your land is not designated bushfire prone your designer and builder will still have to meet standards set out in the Building Code of Australia. Within the building the main legislation covering fire safety is in regard to fire alarms and their placement within houses. For the latest information on fire alarms in the home please go to NSW Fire and Safety.

For information about fire safety certification and reporting in commercial, industrial and other class of buildings, other than single dwelling residential and additions, please go to Council’s Fire Safety Certification page.

• The NSW Rural Fire Service – Building in a Bushfire Area
• Environmental Planning and Assessment Regulation 2000 – Fire Safety and matters affecting the Building Code of Australia
• Fire and Rescue NSW – Building Fire Safety