Many NSW properties sit on or near land mapped as bush fire prone. If your block is one of them, a residential subdivision follows an extra set of rules that can decide the number of lots, where they go and how they are accessed.
This guide explains how to check whether those rules apply, what the NSW Rural Fire Service (RFS) looks for, and what changed in how applications are referred from 1 July 2026.
Step one: is your land bush fire prone?
How do I know if my land is bush fire prone in NSW? Check with your local council, use the NSW Rural Fire Service's online Bush Fire Prone Land tool, or look at the section 10.7 planning certificate for the property.
The mapping is prepared by councils under guidelines issued by the RFS. It is worth checking the whole lot, not just the house. The RFS guidance on section 100B confirms that where a lot is only partly mapped as bush fire prone and the proposal involves subdivision of land that could lawfully be used for residential or rural residential purposes, a bush fire safety authority is still required.
The bush fire safety authority
Section 100B of the Rural Fires Act 1997 requires a bush fire safety authority (BFSA) from the RFS for certain development on bush fire prone land.
Does every subdivision on bush fire prone land need a bush fire safety authority? A bush fire safety authority is needed for a subdivision of bush fire prone land that could lawfully be used for residential or rural residential purposes. Some exclusions are set out in clause 46(1) of the Rural Fires Regulation.
The RFS puts it simply on its building guidance page: a BFSA is required for any legal subdivision on bush fire prone land, while a DA for a single dwelling does not need one.
Can a bush fire prone subdivision be approved as complying development? No. Development that needs a bush fire safety authority is not complying development, so it goes through a development application.
What changed on 1 July 2026
Development that needs a BFSA is integrated development under the Environmental Planning and Assessment Act. That means another agency has to agree to it before the council can approve it.
From 1 July 2026, NSW changed how that works. A new body, the Development Coordination Authority (DCA), sits within the Department of Planning, Housing and Infrastructure and acts as a single front door for state agency input on development applications.
What changed on 1 July 2026? For applications lodged from 1 July 2026, the council must obtain general terms of approval from the Development Coordination Authority before granting consent. The applicant then applies to the NSW Rural Fire Service for the bush fire safety authority before carrying out the development.
A few practical points from the official guidance:
- Applications lodged before 1 July 2026 continue under the earlier referral rules.
- You still lodge through the NSW Planning Portal, and the application form now asks whether a referral is needed.
- The council remains your main point of contact during assessment.
The standard: Planning for Bush Fire Protection 2019
The rules a bush fire prone subdivision is assessed against are in Planning for Bush Fire Protection 2019 (PBP 2019). From 1 March 2020, PBP 2019 replaced the 2006 version, and all development on bush fire prone land must meet its requirements unless the council has consulted the RFS.
Chapter 5 of PBP 2019 deals with residential and rural residential subdivisions. Among its objectives is to minimise the perimeters of the subdivision exposed to the bush fire hazard. The key design requirements include the following.
A safe building spot on every lot
PBP 2019 requires that potential building footprints must not be exposed to radiant heat levels exceeding 29 kW/m² on each proposed lot. In practice, every new lot needs a building area set far enough back from hazardous vegetation, which is achieved with an asset protection zone.
Asset protection zones
An asset protection zone (APZ) is a fuel-reduced area around a building where potential bush fire fuels are kept to a minimum. Its required width depends on slope, vegetation type and the fire danger index for the area.
PBP 2019 says APZs should be contained within the overall development site and not on adjoining land. Where an off-site APZ is proposed, it is assessed on its merits and needs an easement that guarantees ongoing management. On a smaller block, the space needed for an APZ can reduce the number of lots or change their shape.
Perimeter roads and access
PBP 2019 says subdivision design shall include perimeter roads separating developable lots from hazardous bushland. It also says dead-end roads should be avoided, and roads must give safe, unobstructed access for firefighters while residents may be leaving.
Water, electricity and gas
Suitable water supply arrangements for firefighting are required to meet RFS requirements, and electricity and gas services should be provided so they do not add to the bush fire risk to buildings.
Bush fire attack levels (BAL)
When a new home is later built on one of the lots, its construction standard depends on its bush fire attack level. The RFS describes the six levels as:
- BAL-LOW: lowest risk from a potential fire.
- BAL-12.5: risk is primarily from embers.
- BAL-19: moderate risk, particularly from embers and burning debris.
- BAL-29: high risk, particularly from embers, debris and heat.
- BAL-40: very high risk, with possible flame contact.
- BAL-FZ: extreme risk, directly exposed to the flames of a fire front.
A higher BAL generally means more demanding construction requirements, which is one reason the lot layout and APZs matter so much at the subdivision stage.
The bush fire assessment report
A subdivision DA on bush fire prone land is normally supported by a bush fire assessment report prepared for the applicant. It works out the likely level of bush fire attack and the measures needed to meet PBP 2019. The RFS points owners to Fire Protection Association Australia to find an accredited bush fire consultant, and publishes a fact sheet on which consultants it recognises as suitably qualified.
What this means for a typical block
For a suburban lot on the edge of bushland, the bush fire rules often shape the layout more than the minimum lot size does. The usual questions are where the hazardous vegetation is, how wide the APZ needs to be, whether that APZ fits within your land, and whether access for fire trucks works.
A bush fire consultant and a town planner can answer those questions for your site. If you would like a first look at the zoning, overlays and lot geometry for your address, you can check your block with Subdivision Checker.
This guide is general information only. For advice on your property, speak with a licensed surveyor, town planner or accredited bush fire consultant.