By Tim O’Reilly, Managing Director
As many of you in the certification and development space are aware, the landscape of fire safety regulation in New South Wales is shifting beneath our feet. Recent amendments to the Fire and Rescue NSW (FRNSW) Regulation 2023 have introduced a new fee structure, effective 1 February 2026, that fundamentally changes how we interact with the Brigade.
While regulatory oversight is essential for public safety, the practical operation of these new charges—and the broader systemic issues surrounding mutual recognition—raises serious concerns for the efficiency of housing delivery in NSW.
What’s Changing? The New Upfront Reality
The most significant shift is the requirement for upfront assessment fees. Unlike the previous model, charges must now be paid before a fire safety application or request is even submitted.
Key fee considerations include:
- Initial Fire Safety Reports (IFSR): A $1,000 upfront assessment fee now applies. This charge is non-refundable, regardless of whether FRNSW determines an IFSR will be provided.
- Hourly Rates: If a report is provided, a labour charge of $192 per hour applies for the time spent by fire brigade members.
- Performance-Based Design Brief (PBDB) Consultations: These also carry a $1,000 upfront fee for every version submitted for consultation.
- Final and Fire Safety System Reports (FFSR & FSSR): These carry a $1,000 assessment fee plus a fixed provision charge of $2,429 (inclusive of up to 2 hours of travel time).
For certifiers, this means a significantly higher administrative burden and a need for absolute precision in documentation to avoid paying multiple assessment fees for the same project.
The “Mutual Recognition” Friction Point
Beyond the immediate costs, there is a mounting systemic issue regarding mutual recognition conditions. Currently, certifiers are often burdened differently based solely on the jurisdiction from which they entered the NSW market, rather than their demonstrated competence or risk profile.
We are seeing instances where the wording of these conditions appears poorly aligned with the practical operation of NSW legislation. This creates “regulatory friction” that directly impacts:
- Timing: Delays in processing and referral.
- Cost: Increased overheads passed on to developers and, ultimately, the housing market.
- Consistency: A fragmented framework where professional requirements depend on historical administrative pathways rather than current expertise.
A Call for Systemic Review
Individual certifiers and firms cannot solve these issues on an ad hoc basis. If we are serious about improving housing delivery and maintaining confidence in the certification framework, these issues warrant a coordinated and urgent review at a systemic level.
We must advocate for:
- Alignment of mutual recognition conditions with the practical realities of the Environmental Planning and Assessment Act.
- Transparency in how upfront fees are applied to ensure they do not become a barrier to “good faith” submissions.
- Competence-Based Regulation that focuses on a certifier’s experience and risk profile rather than their point of entry into the state system.
Moving Forward
At Built Smart Solutions, we remain committed to navigating these complexities for our clients. However, the industry at large—and our representative advocacy bodies—must ponder these considerations deeply. Regulatory changes should facilitate safety without unnecessarily stifling the delivery of essential housing.
If you have concerns about how these new FRNSW charges or registration conditions affect your upcoming projects, I encourage you to reach out.
Tim O’Reilly
Managing Director, Built Smart Solutions