Bushfire prone land
What is bushfire prone land?
An area identified on a Bushfire Prone Land Map as land that can support a bushfire or is likely to be subject to bushfire attack. In Ku-ring-gai this includes most vegetated areas and all land within a specified distance of those vegetated areas. Special construction standards and development restrictions apply to areas mapped as bushfire prone land in NSW.
Are you at risk?
It is important to note that properties can still be at risk from bushfire even if they are not mapped as bushfire prone land. 85% of all house loss in Australia has not been from radiant heat impacts, but from ember attack. So houses not just at the bushland-urban interface (or in BPPL) are also subject to bushfire impacts. It is recommended that all residents complete an online Climate Wise Communities Ready Check to assess their own situation and vulnerability to bushfires and extreme weather events.
The NSW Rural Fire Service provides answers to some frequently asked questions here.
Is my property on bushfire prone land?
Bushfire Prone Land Maps identify which areas of a local government area are bushfire prone land. These maps are prepared by local councils and certified by the Commissioner of the NSW Rural Fire Service. To check whether a property is within bushfire prone land:
All areas on the bushfire prone land map coloured yellow, orange or red are bushfire prone areas, and any properties fully or partially within these areas are subject to development restrictions and building standards. The different colours identify an area as Category 1, 2 or 3 Fire Prone Vegetation or within a specified distance (Buffer) of that vegetation. The different vegetation categories are important only in determining the extent of the surrounding buffer area and do not have differing impacts on development.
Note: The bushfire prone land map does not identify a property’s Bushfire Attack Level (BAL) rating.
Legal framework
In response to devastating losses of life and property in past bushfire events, the NSW Government enacted legislative changes on 1 August 2002 to ensure bushfire matters were considered in the development process. These legislative changes resulted in the creation of section 4.14 (formerly 79BA) of the Environmental Planning and Assessment Act 1979 and section 100B of the Rural Fires Act 1997 which require all new development on bushfire prone land to comply with Planning for Bushfire Protection 2019. This document forms the basis for all bushfire planning and bushfire protection measures for new development in NSW.
Building and development
If you are proposing to develop land that has been identified as bushfire prone, your development must meet the requirements of:
What information do I need to submit?
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Exempt development
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The exempt development standards will tell you what materials you can use, usually non-combustible materials or hardwood.
- No documents required as exempt development is a self-assessment.
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Complying development
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Submit the following with your Application for a Complying Development Certificate (CDC):
- Bushfire Attack Level Risk Assessment Certificate
The certificate must be prepared by a suitably qualified consultant in bushfire risk assessment recognised by the NSW Rural Fire Service. The certificate must state:
- Bushfire Attack Level (BAL) that applies to the property.
- Proposed development conforms to the relevant specifications and requirements of Planning for Bush Fire Protection 2019.
- Proposed development meets the applicable development standards for bushfire prone land in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Once we have received your Application for a CDC, our certifiers will assess that your development complies with AS3959-2018.
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Development application
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Submit the following with your Development Application (DA):
The report (and completion of certificate) must be prepared by a suitably qualified consultant in bushfire risk assessment recognised by the NSW Rural Fire Service. The report must state:
- Bushfire Attack Level (BAL) that applies to the property.
- Relevant Asset Protection Zones(APZ) required.
- Proposed development (including new landscaping) conforms to the relevant specifications and requirements of Planning for Bushfire Protection 2019 and AS3959-2018.
Make sure the plans referenced in the report and certificate match the plans submitted with your DA.
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Where can I get help?
A suitably qualified consultant can prepare a Bushfire Attack Level Risk Assessment Certificate or Bushfire Risk Assessment Report for your development proposal. They can also provide advice on what building materials you can use in your development proposal.
For the purposes of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and section 4.14 of the Environmental Planning and Assessment Act 1979, the NSW Rural Fire Service recognises the consultants within the following accreditation schemes:
NSW Rural Fire Service
The NSW Rural Fire Service is an excellent source of information for building in a bushfire prone area and understanding bushfire terminology.
Will my DA be referred to the NSW Rural Fire Service?
The following DAs will be referred for consideration as part of the DA assessment process:
- DAs on land that has a Bushfire Attack Level Flame Zone rating (BAL-FZ).
- DAs that do not meet specific performance criteria in Planning for Bushfire Protection 2019 and rely on variations to acceptable solutions.
- Integrated Development: subdivision of bushfire prone land or development that is a Special Fire Protection Purpose (eg. child care centre, housing for seniors or people with disability).