Getting a private bushfire shelter approved in NSW takes more steps than most backyard structures. This guide walks through the usual path. Before any of it, remember that a shelter is a last resort and sits inside a bush fire survival plan, never in place of one.
Step 1: start with your survival plan
The RFS (NSW Rural Fire Service) says leaving early is always your safest option. Write your bush fire survival plan first: your trigger for leaving, where you will go and how you will get there. Then ask what role, if any, a shelter plays for the moments when that plan can no longer be followed safely. Children, older people and anyone with a health condition should plan to leave early whatever else is on the property.
Step 2: check the land and the fire exposure
- Bush fire prone status. Your section 10.7 planning certificate tells you if the lot is bush fire prone land. See our guide to Reading your planning certificate before you design.
- Bushfire attack level (BAL). A bushfire consultant can assess the BAL around the proposed shelter location. The rating drives much of the design.
- Space on the lot. The national standard expects real separation from the house, boundaries and other fuel, and a short, clear path from the house. A tight lot can rule out some locations.
Step 3: get the shelter designed
A private bushfire shelter is a Class 10c building under the National Construction Code (NCC). The code sets a performance requirement for it but no deemed-to-satisfy recipe, so the design is a performance solution. A fire engineer normally prepares this, working to the ABCB Performance Standard for Private Bushfire Shelters. In NSW, the RFS has advised that all shelters must comply with that standard. A structural engineer will also be needed for the shell.
Our guide to The performance standard behind a private bushfire shelter sets out what the design has to cover.
Step 4: development consent
NSW planning circular BS 10-008 states that a bushfire shelter needs a development application (DA) and a construction certificate. It does not point to exempt or complying development, so do not assume a fast-track pathway; check which rules currently apply to your lot.
The DA is lodged with council, which decides it. On bush fire prone land, council either checks that the proposal meets the RFS document Planning for Bush Fire Protection 2019 or refers it to the RFS. Because that document does not deal specifically with private shelters, the circular explains that the RFS is consulted. Expect the consent to carry conditions.
Step 5: construction certificate and principal certifier
After consent is granted, the construction certificate confirms the detailed plans, specifications and performance solution meet the NCC and the consent conditions. It must be issued before work begins on site, and a certifier has no power to issue one once work has begun.
You will also appoint a principal certifier to oversee the build and give notice before work begins. CertifiBuild can issue the construction certificate and act as principal certifier for Class 10c shelters. See our private bushfire shelters page.
Step 6: inspections, occupation certificate and upkeep
- Critical stage inspections. For Class 10 work these can include inspection after excavation before footings, before pouring reinforced concrete, before covering framework and before covering stormwater connections, plus a final inspection. Book each inspection at least 48 hours ahead.
- Occupation certificate. A new building cannot be occupied or used without one. Our Occupation certificates: what you need before moving in covers the paperwork.
- Ongoing care. The standard expects external and internal signage and a maintenance manual kept in the shelter. Check seals, doors and supplies before each fire season, and keep the path from the house clear.
Planning a shelter now? Request a quote and include your site plan, BAL assessment and any engineering you already have.
Local help across NSW
CertifiBuild certifies Class 1 and Class 10 work in 39 council areas. Local rules on these council pages are a good place to start: Willoughby City Council, Campbelltown City Council, Northern Beaches Council, Ku-ring-gai Council, City of Ryde, Bayside Council.
Suburb pages with local planning notes: Chatswood West, Claymore, Clontarf, East Killara, East Ryde, Eastlakes, Ebenezer, Georges Heights, Glen Alpine, Hermitage Flat. You can also browse every service area.
Sources
- Building systems circular BS 10-008 on private bushfire shelters (PDF), NSW Department of Planning
- Private bushfire shelters performance standard, ABCB
- Part H7 ancillary provisions, NCC 2022 Volume Two, ABCB
- Prepare yourself and family, NSW RFS