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Hi,
I’m in the process of purchasing a new unit in NSW, it’s a block of 10 units registered in 1976. The strata report states that “A fire safety certificate is not required for this property”. Reading through previous AGM minutes the OC has resolved NOT to obtain fire safety statements.
According to council and fair trading websites fire certificates are required for ALL residential unit blocks. I’m sure this is correct but could someone please clarify for me if there are any exemptions?
The unit I’m buying has an original door in very poor condition with no door closer. I’m pretty sure a fire inspection, at the very least, will mean having to replace all front doors (the sinking fund has adequate funds to cover this).
I’m also quite worried about safety such as fire extinguishers and units not having functioning smoke alarms etc….
How would you suggest I approach this? I’m a new owner (investor) coming into the mix and would really rather not get on everyone’s bad site the minute I arrive! Do I have any choice?
Thanks in advance, you guys do an awesome job
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confused1 – The ability of Local Governments to include specific requirements for fire safety within the conditions of their development consents came about with amendments to NSW Legislation that were gazetted on 1 July 1988.
Consequently prior (to 1988) developments such as your Strata Plan are exempt due to the amended legislation being non-retrospective provided no significant additions/alterations to the building have since been undertaken, where Council’s required consent to those would have acted as a “trigger” for the imposition of then current fire safety requirements to the whole Plan.
Your Owners Corporation (O/C) could arrange for a fire safety inspection of its Plan to be undertaken against today’s standards, but that can open a “can of worms” that could cost a whole lot more than the contents of that currently adequate sinking fund; perhaps that’s why those A.G.M. Minutes record the O/C’s decision not to go down that path.
I’m not suggesting that the significance of fire safety should be ignored, but a keen eye by Owners such as yourself can often identify strategic, staged improvements that can be effective, whilst keeping a lid on that can!
The condition of smoke alarms and fire extinguishers that you mention are such examples, where the former are the responsibility of individual Owners (unless they’re all wired back to a central alarm console) and where regular inspections of the latter in terms of their locations, suitability, and operation can (and should) be arranged by your Strata Manager, who would be aware of Companies who provide and warrant that programed service at minimal cost when compared to the consequent benefit.
I’d suggest that you get your own Unit in order (e.g. smoke alarms, fire blanket etc) and otherwise go softly-softly for the time being while you cast that keen eye around the place, then ascertain the timing of the next General Meeting (e.g. A.G.M.) from your Strata Manager and place a suitably worded Motion about any items of concern regarding fire safety and possible remedies on the Agenda of that Meeting for wider discussion.
Fire safety certificates are only required for certain types of residential buildings.
For example villa and townhouse complexes with proper fire segregation are exempt.
Firstly contact the local council. They should be able to tell you the building classifications ( according to the BCA) that require a certificate. Then consult the BCA and work out your buildings classification and if it is exempt or not.
We had a situation where the local council sent letters to every MDU in the municipality demanding fire certificates. Caused us a big panic considering the costs to comply.
A check as above found we were exempt.
When I called the council they said that their records do not show what the building classification is, and they sent letters to every MDU in the municipality.
A letter from the Strata to the council and we were off their list.
Robert
Robert – In the situation that you describe Council was on a fishing expedition to update its records of consented multi-unit developments (MDU) in its area, and the information that you provide may serve to make confused1 more confused, as whilst it’s informative, it’s irrelevant to the circumstances outlined in post #1.
@Whale said:
Consequently prior (to 1988) developments such as your Strata Plan are exempt due to the amended legislation being non-retrospective provided no significant additions/alterations to the building have since been undertaken, where Council’s required consent to those would have acted as a “trigger” for the imposition of then current fire safety requirements to the whole Plan.Your Owners Corporation (O/C) could arrange for a fire safety inspection of its Plan to be undertaken against today’s standards, but that can open a “can of worms” that could cost a whole lot more than the contents of that currently adequate sinking fund; perhaps that’s why those A.G.M. Minutes record the O/C’s decision not to go down that path.
Thanks for that response. Our AGM is coming up, then a Committee meeting straight afterwards. There is a motion about the Annual Fire Safety Statement on the Committee meeting agenda. Don’t know why it could not have been a AGM motion.
Our residential only townhouse strata complex was built around 1982, so my initial understanding is our complex would be exempt from the requirement to provide this statement?
YES that’s correct unless the “trigger” that I earlier referred to or one imposed by NSW Fire & Rescue by way of a Fire Control Order has been imposed since 1988.
As I’ve mentioned in other posts, whilst an Annual Fire Safety Statement may not be appropriate for Plans such as yours as there’d be no development-based Schedule to define its scope, it’s a good idea for Owners Corporations to regularly commission some kind of voluntary inspection of any fire-related items such as extinguishers and smoke alarms on the Common Property, just to be sure.
Hi,
Thankyou for your response. Do you think that replacing the fences around the townhouse courtyards would be considered a “trigger”?
I also assume painting the common area would not.
Neither would be.
This is a great topic.
I, too, of course, think fire safety is very important. However our strata recently was made to spend thousands on ‘fire safety compliance’. I suspected we didn’t need ALL the work to be done and we might have been a victim of ‘gold plating’, if you are familiar with the expression. Our Strata Manager has a ‘fire safety compliance manager’ these days and I hypothesise they get more than bottles of scotch and a turkey or three from fire safety contractors at Christmas.
Am I being cynical?
Our strata building was built in the early 60s and registered in 1966. Going by what Whale says: “… prior (to 1988) developments such as your Strata Plan are exempt due to the amended legislation being non-retrospective provided no significant additions/alterations to the building have since been undertaken…” it seems we are exempt from having to comply with today’s legislation.
We definitely don’t have ‘money to burn’. What do you reckon?
MNS – people in the real estate industry are known as innovators, and your Strata Manager might actually be adding some value to your Owners Corporation by having some type of fire safety inspection undertaken.
As I remove my tongue from my cheek, I can’t help wondering that in the absence of a Fire Safety Schedule (issued by Council) that applies relevant items from “today’s standards” to your specific property, what it is that the so-called fire safety compliance manager is assessing, and upon what basis they’re determining a pass, a fail, or recommending remedial actions ($) by their Contractors.
All of that said, in order to pay for the fire safety inspection and the remedial actions it identifies, your Owners Corporation (i.e. you and all of your fellow Owners) would need to have budgeted a sufficient amount for that purpose in the Administrative Fund, to have approved that amount at the last AGM, and to have authorised the resultant payments to the Contractors, so if anyone’s to blame for gold-plating (if that’s what it is) it’s not your Strata Manager.
Perhaps put some boundaries around the scope of future inspections if the majority still regards them as beneficial.
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