1. What is Bushfire prone land

Bushfire Prone Land is an area of land that can support a bushfire or is likely to be subject to bushfire attack.

All development applications that are located in bushfire prone areas, for the following, are required to comply with construction requirements of Planning for Bushfire Protection 2019 (PBP2019) and AS 3959:

  • new commercial/industrial buildings
  • new dwellings
  • alterations and additions
  • most outbuildings (ie. garage, shed) 

Proposals that do not comply with PBP2019 may be refused or referred to the Rural Fire Service (RFS) for comment.

If the development is defined as Integrated Development, the application is also referred to the RFS (additional fees apply).

Please visit the NSW Planning Portal, click here, to view bushfire prone areas.

  • Search for the property then view the planning layers (on the left) associated with it.
  • If it is classed as bushfire prone, a map of the location will appear. 

2. Building on Bushfire prone land

Step 1 - Identifying Bush Fire Prone Lane

To determine if your property is located within the a bush fire prone mapped area:

 A) Access the Bush Fire Maps on Council’s website. Land that is located within the orange, yellow or red area of the map is bush fire prone land and therefore bush fire protection measures may be required depending on the type of vegetation formation, the slope under that vegetation and the horizontal distance from that vegetation; OR

 B) Obtain a 149 Certificate (application form available from Council’s website)(fees apply), which will state whether or not the land is bush fire prone.


PLEASE NOTE: Although a 149 Certificate may state that land is NOT bush fire prone land, this does not necessarily exempt the property from requiring bush fire construction standards being applied to the development.


Step 2 - Calculating Bushfire Attack Level

To determine the Bushfire Attack Level (BAL) for your proposal:

 A) Do-It-Yourself 

The NSW RFS publications Single Dwelling Application Kit and BAL Risk Assessment Application Kit explain how to determine the Bush Fire Attack Level (BAL) for your proposal. A Vegetation Classification Chart may also be required to determine the BAL.

The RFS website also has a Bush Fire Attack Level Assessment Tool

You will may need to refer to the Kit(s) for assistance with terminology; OR

 B) Obtain a Bush Fire Attack Level Assessment Certificate 

Alternatively you may request Council for a Bush Fire Attack Level Risk Assessment Certificate(PDF, 497KB) (fees apply).

In addition, a Bush Fire Assessment Report is required to be lodged with your development application. (Also see Bush Fire Assessment Reports below)


Step 3 - Development Application Documentation

When you are ready to submit your Development Application, you will be required to nominate how the development will comply with the requirements of PBP2019.

The following information must be included with your Development Application documentation:

  • Bush Fire Assessment Report
  • Information to be detailed on site plan/s
  • Asset Protection Zones (APZ)
  • Proposed static water supply (volume and location)
  • Gas supply service lines shown on site plan/s
  • Proposed access in accordance with PBP2019.
  • Applicable BAL Level


PLEASE NOTE: In the event that you have miscalculated the BAL, Council will require the BAL forms and/or plans to be amended to reflect the appropriate BAL required.


Step 4 - Construction Certificate Application Documentation

When submitting your Construction Certificate Application, you will be required to nominate how the development will comply with the requirements of the Building Code of Australia in regards to AS3959 - 2009 Construction of buildings in bush fire prone areas. The Australian Standard lists the construction standards/options for the different bush fire attack levels (BAL), being BAL 12.5, BAL 19, BAL 29 and BAL 40.

Council has a standard list (form) for each BAL where you can simply tick the chosen method of construction or type of building element for the corresponding BAL. Submission of this form will be required as part of the Construction Certificate.

In addition (or alternatively), you may choose to include these details on the plans.


Bush Fire Assessment Reports

A Bush Fire Assessment Report needs to address how the development conforms with the relevant specifications and requirements of PBP2019. A report is required to be submitted with a Development Application for all types of development proposed to be undertaken on Bush Fire Prone Land.

A Bush Fire Assessment Report can be prepared by a consultant (list available from the RFS website) or by the applicant by completing the pages at the rear of the RFS publication Single Dwelling Kit or BAL Risk Assessment Application Kit.

PLEASE NOTE: Some types of development including subdivision and buildings defined as special fire protection (eg hotels, schools etc.) require an assessment report to be prepared under Appendix 4 - Submission Requirements for DAs on bush fire prone land of Planning for Bush Fire Protection 2019.




3. Subdivision of Bush Fire Prone Land

Boundary Adjustment involves subdividing a lot then subsequently consolidating with another lot. If any of the lot being subdivided is affected by Bushfire Prone Land then the process becomes Integrated Development and with require the submission of a Bushfire Assessment Report, an additional "Approval Fee" of $320 cheque made out to the NSW Rural Fire Service and an additional $110 referral administrative charge.

The DA is then referred to the NSW Rural Fire Service for assessment and if satisfactory a Bushfire Safety Authority with attached conditions to be included in the Development Consent.