Fire safety exemption

The Fire and Rescue NSW Regulation 2023 was amended on 1 February 2026. The assessment fee must be paid upfront via the Payment Portal. Visit Pay upfront fee for further information.

Please be advised that charges will be adjusted for indexation and will commence on 1 july 2026. Visit Indexed charges for FY 2026-27 for further information.

Pre-Occupancy

A person eligible to make a development application may lodge an objection with FRNSW that compliance with any specified Category 3 fire safety provision is unreasonable or unnecessary for the proposed building works. The grounds for objection must substantiate why the provision is considered unreasonable or unnecessary, and cannot be made in respect to objecting to a fire safety upgrade order issued by a consent authority.

Overview of service

Under section 111 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, the applicant of a:

  • development assessment (DA) or complying development certificate (CDC) for change of existing building use, excluding an alteration of the building, or
  • construction certificate (CC) for building work (excluding change of existing building use)

may lodge an objection with FRNSW that compliance with any specified Category 3 fire safety provision, as applied by section 69 (DA) or section 146 (CDC) of the Environmental Planning and Assessment Regulation 2021, is unreasonable or unnecessary in the circumstances.

Note: FRNSW will not grant a fire safety exemption if:

  • the fire safety provision is subject to a fire safety order requiring upgrade.
  • the objection involves the total deletion of any required hydraulic Category 3 fire safety provision. Refer to FRNSW position statement Exemption from fire safety standards.
  • the CC or CDC has already been issued.
  • a condition has been imposed on the development consent that conflicts with the objection.
  • non-compliances are identified during any certification inspection.

FRNSW will assess the application and provide written comments outlining the determination on the fire safety exemption (i.e. exempt conditionally, exempt unconditionally, not exempt).

Charges for service

The following charges apply to the provision of this service:

  • Assessment of application for advisory, assessment or consultancy service — $373
  • Provision of advisory, assessment or consultancy service — $192 per hour of labour

For a full description of the charges applicable including terms, payment options, and applying for a waiver or reduction of the charges, please refer to the fees and charges page.

Application process

Note: If consultation on a possible fire safety exemption is being sought, prior to lodging a formal objection, the FRNSW written report (other) application should be used instead.

To apply for a fire safety exemption, the following must be completed and submitted to firesafety@fire.nsw.gov.au:

  1. Pay the upfront assessment fee on the Payment Portal
  2. Fire safety exemption application form
  3. Other relevant information that will assist FRNSW in assessing the exemption
  4. A copy of the DA, CDC or CC application (as relevant)
  5. A copy of building work plans and specifications (for proposed building work)
  6. A copy of the current and proposed fire safety schedule (where relevant)
  7. A copy of the current water authority pressure inquiry form (where relevant).

Note: The application must include all relevant information. If any attachment exceeds 35 MB, please request a FRNSW SharePoint folder for uploading any large files.

Useful information

Position statements

The following position statements apply to the fire safety exemption process:

Note: The applicant should refer to all FRNSW position statements and determine how they may apply to the subject of any fire safety exemption.

Further information on process