Fire engineering for existing buildings

Any proposal to implement a fire engineering strategy to address any building defect or other non-compliant element of an existing building must be done through an appropriate pathway under the Environmental Planning and Assessment Act 1979 (EP&A Act). Proponents should establish the appropriate pathway with the relevant regulatory authority (e.g. Council) in the first instance.

An assessment on the provision for fire safety can be undertaken by a recognised person and a fire engineering strategy developed that includes a holistic fire engineering assessment of the applicable matters.

Note: A ‘recognised person’ means a person who is both an accredited practitioner (fire safety) and a fire safety engineer under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (EP&A(DCFS) Reg.).

FRNSW may offer comment on any proposed fire engineering strategy for an existing occupied building only when the request is made by the relevant regulatory authority (e.g. Council) responsible for determining the matter. Any such request made to FRNSW must include the fire engineering assessment by the recognised person (i.e. the Fire Engineering Report).

Note: The regulatory authority can request comment from FRNSW on a proposed fire engineering strategy using the Comment on an occupied building form available at www.fire.nsw.gov.au/firesafety.

However, FRNSW will not determine or consult with any other stakeholder (e.g. fire engineer, building code consultant, certifier, architect, fire services consultant, etc.) on any fire engineering strategy proposed to address any fire safety order issued under Division 9.3 of the EP&A Act. In such cases, the relevant regulatory authority (e.g. Council) is responsible for determining or advising on the matter.

Position statement summary

Updated: 12th September 2024