The NSW Government is coordinating the clean-up of NSW residences and businesses impacted by the NSW bushfires. This includes dealing with hazardous materials such as asbestos.

Register online as soon as possible at NSW bushfire clean-up or call Service NSW on 13 77 88.

When returning to your property after a bushfire, consider the following to protect your health:

• Do not enter your property until you are advised that it is safe to do so by emergency services, utilities companies or your local council.
• Electrical hazards could exist such as live power lines that may be down or active solar panels.
• Buildings and other structures may be unstable to enter or walk over.
• Sewerage and septic systems may be disrupted causing health risks.
• Be aware that hot, smouldering coals and other potentially hazardous materials may be hidden under the rubble.
• Building rubble should not be buried as it may contain hazardous materials.
• Waste generated as a result of the fires needs to go to lawful facilities to ensure soil, water and human health is protected.
• Don't spread ash around your property, particularly if asbestos materials were used in your home or other structures, or CCA-treated timber was burnt.
• Moisten the ash with water to minimise dust and keep damp but do not use high pressure water sprays.
• Asbestos dust and fibres have the potential to present a health risk.
• Asbestos clean-up and removal must be done by a licensed asbestos removalist.

Not all repairs will require approval from council. Some non-structural repairs are exempt development and do not require an approval. The following table contains some examples of minor works that are able to be undertaken without approval, if your property is not a heritage item or in a heritage conservation area:

The Department has recently made changes so that temporary repairs and non-structural permanent repairs of any damage caused by a state of emergency under section 33 of the State Emergency and Rescue Management Act 1989 (such as the bushfires) can be carried out as exempt development.

For further information on what types of work can be carried out as exempt development, please see the Planning changes to support recovery or call the Bushfire Response Advice Line on 13 77 88 or codes@planning.nsw.gov.au.

The changes commenced on 31 January 2020.

For a full list of minor building alterations that can be undertake without approval and the relevant provisions that must be complied with, please visit the Exempt Development page on the Planning Portal.

We recommend you contact your local Council's planning and development service staff who will be able to help you step through the process as it applies to your individual circumstances. Council will be able to provide any records available and discuss the best approval options for the rebuild.

Yes, all fully constructed dwellings (with occupation certificate) that require rebuilding will require approval. There are two approval pathways when rebuilding your home:

1. You can lodge a Development Application to your local council. This is the usual process to go get the approvals you need.
2. Complying Development – many low impact developments like houses, sheds and garages can be built without the need to lodge a development application with the council. If your property has a lower level bushfire risk and can meet the requirements under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 then you can choose this approval pathway. Please visit the Complying Development page on the Planning Portal or call Service NSW (13 77 88) for more information.

There may be other approvals required as part of these applications, i.e. Local Government Approvals to undertake plumbing work. Before undertaking any work, please contact your local council to determine what approvals are required to rebuild your home.

The recent bushfires in NSW were unprecedented and caused widespread damage. Even though your home was lost or damaged in these fires it does not mean that your property is at high or extreme risk from future bushfires. Knowing your bushfire risk is important because it will help you understand what approval pathway you need to follow and whether any additional measures need to be put in place to reduce the risk from future bushfires.

There are a number of options in order to understand the bushfire risk to your property.

• You can seek advice from the NSW RFS about building in a bushfire prone area. The RFS NSW has a series of FAQs including on topics such as complying development, asset protection zones and bushfire prone land. There is also a section on risk. You can also speak to an RFS officer on 1300 NSW RFS.
• The NSW RFS Single Dwelling Application Kit is a step by step guide to assist in understanding and determining your bushfire risk to your property.
• Contact your local council to discuss your site bushfire safety and building in bushfire areas.
• Fire Projection Association Australia has resources related to engaging an accredited bushfire consultant to prepare a Bushfire Attack Level report.
• Planning for Bushfire Protection – PBP provides guidelines and requirements for developing in bushfire prone areas in NSW. Planning law requires all new development on bushfire prone land to comply with PBP. The aim of PBP is to provide for the protection of human life and to minimise the impacts on property from the threat of bushfire.

Page last updated: 12/02/2020