The NSW Government’s will legalise e-scooters on shared paths and roads for individuals over 16 represents a significant development in urban transport.

 While this shift offers potential benefits for mobility, it also brings into sharper focus a growing safety concern for strata communities: the escalating risk of lithium battery fires.

The government has acknowledged the inherent community safety considerations associated with this change and has outlined plans to establish safety standards and enhance rider education.

However, strata communities should be aware that these broad measures may not fully address the specific and potentially amplified fire risks within the often-confined environments of multi-dwelling buildings.

The data underscores the seriousness of this issue. NSW recorded a concerning 318 lithium battery fires in 2024 and with a significant increase in 2025 to date, a figure likely to rise with the increasing presence of e-scooters, alongside existing electric vehicles (EVs) and e-bikes, within strata schemes.

The fundamental characteristics of lithium-ion batteries mean:

• They pose a significant fire hazard if they are damaged, overcharged, improperly stored, or of poor manufacturing quality.
• These fires can be intense, challenging to extinguish, and release toxic fumes, presenting a direct and serious threat to life and property within strata complexes.
• The anticipated increase in e-scooter usage and storage within these buildings naturally elevates this risk, requiring proactive consideration from every strata community.

Urgent By-law Action Needed

In this evolving context, implementing well-considered and legally sound by-laws tailored to the management of EVs, e-bikes, and now e-scooters becomes increasingly important.

These by-laws can provide a framework for addressing key safety aspects, such as:

• Guidance on Safe Charging: Establishing clear guidelines and potentially exploring designated, safety-equipped charging areas for EVs and micromobility devices.
• Recommendations for Secure Storage: Implementing rules or providing guidance on the safe storage of these devices, potentially addressing storage in common areas and recommending adherence to safety standards within individual lots.
• Understanding Insurance Implications: Encouraging owners corporations to understand and mitigate the potential impact of device-related fires on the strata scheme’s insurance and clarify liability considerations.
• Developing Emergency Protocols: Creating and communicating clear emergency procedures for responding to battery fires, including evacuation plans and emergency service access.
• Promoting Resident Awareness: Establishing mechanisms for informing residents about the risks associated with lithium batteries and encouraging adherence to safety guidelines.

While the NSW Government’s efforts to improve general safety standards are a welcome development, the unique nature and higher density of strata living often necessitate a more specific and tailored approach at the community level.

A Proactive Approach to Safeguard Your Community

Strata Committees have a vital role in proactively considering the safety and well-being of their residents and protecting common assets. Engaging with legal professionals experienced in strata law can be invaluable in developing and implementing thoughtful by-laws that address these evolving risks. Prudent consideration of these matters now can help mitigate potential future hazards.

We encourage all strata committees, owners corporations, and strata managers to carefully assess this important issue and take proactive steps to ensure the safety and well-being of their communities in this era of increasing micromobility.

MITIGATE YOUR STRATA BUILDING FIRE RISK WITH AN E-SCOOTER BY-LAW

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

NSW Fire and Rescue (FRNSW) continues to grapple with a concerning surge in e-bike and e-scooter fires, with at least five incidents per week in NSW linked to lithium-ion batteries.

A recent fire at an inner Sydney e-bike shop, resulting in the evacuation of an entire apartment block, underscores this alarming trend.

FRNSW emphasizes the need for increased awareness and education regarding the safe selection, use, charging, storage, and disposal of lithium-ion batteries to minimize the risk of fires.

Key Safety Tips

• Never leave charging devices unattended: Avoid sleeping or leaving your home while lithium-ion batteries or powered devices are charging.
• Disconnect chargers: Unplug chargers once batteries are fully charged.
• Avoid hazardous storage: Keep batteries away from exits and flammable materials.
• Proper disposal: Do not dispose of batteries in regular trash or recycling bins.
• Recycling: Take used lithium-ion batteries to nearby BCycle battery recycling drop-off points.
• Buy reputable brands: Purchase batteries and chargers from trusted sources.
• Avoid mixing components: Do not combine batteries or chargers from different brands.
• Implement a by-law: Owners corporations should adopt an e-bike/e-scooter by-law to manage resident safety and mitigate fire risks.
• For more information, visit FRNSW Lithium-ion Battery Safety.
• In case of a fire, evacuate immediately and call 000.

A By-law Can Proactively Safeguard Your Strata Community

By implementing a well-crafted by-law, Owners Corporations can significantly reduce the risk of e-vehicle fires and establish clear guidelines, including:

• Protection for owners corporations in case of battery fire incidents
• Safe charging practices for lithium-ion batteries
• Restrictions on battery types to ensure safety
• Proper disposal procedures to prevent hazards
• Registration and storage requirements for e-vehicles
• Resident education for e-vehicle safety

We strongly recommend implementing an e-vehicle by-law for e-bikes, e-scooters, and other e-vehicles, especially as warmer weather approaches and more residents use these modes of transportation.

GET YOUR E-BIKE / E-SCOOTER BY-LAW HERE NOW!

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Spring is here, and the risk of e-bike and e-scooter fires could rise as owners take advantage of the warmer weather. As these temperatures warm-up, so too does the likelihood of these light electric vehicles being left unattended in common areas to charge overnight.

September’s National Fire Prevention Month serves as a timely reminder of the serious dangers these fires pose. Tragically, hundreds of people across Australia (and worldwide) have been injured or killed due to e-vehicle fires, and online footage showcases the devastating power of these blazes.

To address this growing concern, FPA Australia has organized events like ‘Not so Safe Storage: The Risk of Light EVs in Common Areas’ as part of National Fire Protection Month during September. These initiatives aim to promote awareness and educate residents and the strata industry about the importance of safe e-vehicle charging and storage practices.

Implementing a well-crafted by-law is also a proactive step to mitigate the risk of e-vehicle fires in strata schemes. By establishing clear guidelines for charging, storage, registration, and resident education, owners corporations can significantly enhance the safety of their communities.

REDUCE YOUR FIRE RISK TODAY WITH AN E-BIKE / E-SCOOTER BY-LAW

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist. 

The NSW Government is looking to combat the fastest-growing cause of fires by implementing new product standards for lithium-ion batteries.

NSW Fire and Rescue recorded more than 90 incidences over the 2022-23 period with fires caused by lithium-ion battery powered products and, it continues to escalate.

In response to the growing incidences, NSW Government is taking a proactive stance to ensure products comply with safety standards and are appropriately tested, certified and marked before they enter the market.

When these changes come into effect suppliers, both corporations and individuals, who do not comply will incur heavy penalties.

The prevention of fires, saving lives and protecting property are high on the agenda for the NSW Government as the reality is that e-bikes, e-scooters and other e-devices are here to stay.

For more information visit Media and NSW Government

REDUCE YOUR RISK WITH AN E-BIKE / E-SCOOTER BY-LAW?

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Caution as Lithium Batteries the Fastest Growing Fire Risk in NSW Units

The message from Fire and Rescue NSW (FRNSW) regarding the rise of lithium-ion battery-related fires across NSW is ‘be alert, cautious and proactive’.

It’s important that strata managers, strata committees and strata residents understand the fire risks related with lithium-ion batteries and to be prepared if things go wrong.

FRNSW has Published these Statistics

• 63 lithium-ion battery fires so far this year
• An average of 5.7 blazes per week
• Of those, there have been 2 deaths and 7 people injured
• On 14 March, 4 injuries occurred on that day, including due to a faulty battery discarded in a garbage bin that later ignited in a rubbish truck
• During 2023 injuries rose from 14 to 38 and have continued to rise
• In 2023, lithium-ion battery fires increased by 60% on the previous year

Sydney’s East Most Notable E-bike Fire Incidence

The most notable incident was in Sydney’s east in the highly dense suburb of North Bondi in late January 2024, with a faulty e-bike battery was left to charge overnight in a bedroom, and ignited, sparking a fire.

The four occupants were awoken at 4am by an explosion, and a fire alarm sounding, and luckily all escaped just in time, but one required treatment for a burn.

Lithium-ion batteries can be found in many household appliances and portable electronic-devices not only in e-bikes and e-scooters however with the increase of e-vehicles this has been the main cause for the increase in lithium battery fires.

FRNSW has expressed that greater awareness and education is needed about how to select, use, charge, store, and dispose of lithium-ion batteries, to reduce the risk of fire.

Important Proacative Safety Advice

• Never sleep or leave your home while lithium-ion batteries, or devices powered by them, are still charging
• Disconnect them from the charger once charged
• Avoid charging or storing them near exits and near flammable materials
• Never dispose of them in your rubbish, bins or recycling bins
• Used lithium-ion batteries can be taken to your nearest BCycle battery recycling drop-off point, often located in major retailers and supermarkets
• It’s important to always buy lithium-ion batteries and chargers from reputable brands and refrain from mixing different components
• You should have an e-bike/e-scooter by-law in place to manage residents and fire safety
• For more information visit FRNSW Lithium-ion Battery Safety
• If such a fire occurs, evacuate immediately, and call 000

REDUCE THE RISK OF BATTERY FIRE WITH A E-SCOOTER / E-BIKE BY-LAW

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Is it Possible to Ban E-bikes and E-scooters?

There have been a recent spate of fires in Sydney apartment buildings caused by the charging of e-bikes and e-scooters.  Those fires have resulted in a number of strata buildings introducing by-laws to ban or regulate e-bikes and e-scooters.  But is it possible to ban e-bikes and e-scooters?

An owners corporation has a broad power to make by-laws to manage, control and administer the use of the lots and common property in its building.  This enables an owners corporation to make a by-law that stipulates what residents can and cannot do within their lots.

However, there are some restrictions on the by-law making power of an owners corporation.  In particular, a by-law cannot be harsh, unconscionable or oppressive.  Any by-law that is, is unenforceable.

In 2020, the NSW Court of Appeal handed down a ruling providing guidance on the circumstances in which a by-law will be harsh, unconscionable or oppressive.  In that case, the Court said that if a by-law prohibits an activity that is capable of being carried out in a manner that does not have a detrimental impact on the use and enjoyment of the lots and common property by residents, then the by-law will be harsh, unconscionable and oppressive.

In that case, the Court concluded that a by-law banning pets in a strata building was harsh because it was possible for residents to keep some types of pets in the building without having a detrimental impact on the amenity of other residents: see Cooper v SP 58068 [2020] NSWCA 250.

This begs the question:

Can a By-law Prohibit the Charging of E-bikes and E-scooters in a Strata Building?

The answer to that question is most likely “no”.  This is because it is possible to charge e-bikes and e-scooters without creating a fire risk or otherwise having a detrimental impact on the use and enjoyment of the lots and common property by other residents.  Indeed, any by-law that bans e-bikes and e-scooters is not likely to be enforceable.

So what are the options for any owners corporation that wants to reduce the fire risk created by the charging of e-bikes and e-scooters?  There is nothing wrong with an owners corporation introducing a by-law that restricts the right of residents to charge e-bikes and scooters.  For example, a by-law could require residents to apply to and obtain the consent of the owners corporation to charge e-bikes and e-scooters in the building.

Further, a by-law could introduce rules that must be obeyed by residents to minimize the fire safety risk created by the charging of e-scooters and e-bikes.  For instance, a by-law could stipulate that residents need to ensure that their e-bikes and e-scooters (including the lithium batteries that power them and the chargers for them) comply with the applicable Australian standards, that residents periodically monitor their e-bikes and e-scooters whilst they are being charged and residents otherwise take all reasonable steps to minimize a fire safety risk created by the charging of e-bikes and e-scooters.

Whilst it can be difficult to police by-laws that regulate the charging of e-bikes and e-scooters, doing so is not impossible and these by-laws at least give owners corporations the right to control the charging of e-bikes and e-scooters and to do something when residents disobey the by-law.

Can an E-bike and E-Scooter By-law Protect the Owners Corporation?

Further, these types of by-laws can provide the owners corporation with protection in the event that a resident disobeys the by-law and causes a fire when charging an e-bike or e-scooter.  For instance, a by-law could require the resident to indemnify the owners corporation against any property damage that is caused by such a fire and to cover the costs the owners corporation incurs repairing any damage caused by the fire.

Ultimately, the use of e-bikes and e-scooters is on the rise and this means that is now necessary for many owners corporations to grapple with the problem created by the charging of e-bikes and e-scooters.  Introducing an appropriately worded by-law is best practice and will provide an owners corporation with the greatest amount of protection to minimize the risk of a fire caused by the charging of an e-bike or e-scooter.

DO YOU NEED AN E-BIKE AND E-SCOOTER BY-LAW?

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.

Over the past few years there has been a huge push for people to buy EV vehicles of all kinds putting significant strain on strata buildings.

The increased number of electric vehicles now in strata blocks comes with a high risk of fire as residents charge their lithium-ion batteries throughout their buildings in their apartments, parking spaces, garages and other areas.

As people look for cheaper and quicker modes of transport e-bikes and e-scooters have become all the rage.

E-bikes and e-scooters have lithium-ion batteries and have sparked a series of fires in strata apartment buildings and based on statistics* pose a major threat as they continue to increase in popularity with a 16% increase in fire related incidences in 2023 and a 94% increase on the previous year.

The risk of e-bikes and e-scooters in strata blocks include:

1. Fire Hazards
2. Improper Charging Practices
3. Storage Challenges
4. Liability Concerns
5. Electricity Costs

How do strata schemes proactively manage the EV situation to reduce the risk of fire and other concerns?

By implementing a comprehensive by-law, covering the areas below, strata schemes can proactively manage e-bike and e-scooter hazards in strata.

1. Proper Charging Guidelines
2. Storage Solutions/Options
3. Registering E-vehicles with Regular Inspections
4. Resident Education Initiatives

Banning e-bikes and e-scooters would be extremely difficult and is unlikely to be enforceable given a lot of owners rely on this mode of transport for work.

An effective by-law will minimise the risk of e-bike and e-scooter fires and enhance the safety of residents and property within the community ensuring proper processes are in place to manage and reduce the risk.

* October 2023 ACCC Lithium-ion batteries and consumer product safety

CLICK HERE FOR AN E-BIKE / E-SCOOTER BY-LAW

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist. 

By-laws that regulate e-Bikes and e-Scooters.  

e-Bike and e-Scooter lithium-ion batteries have sparked a series of fires in strata apartment buildings and based on the following statistics* pose a major threat as they continue to rise.

• Between January 1 and September 15, 2023, Fire and Rescue NSW reported 149 battery-related incidents – a 16 per cent increase on the same time last year.
• Of these incidents, 22 per cent involved e-mobility devices — a 94 per cent increase on the same period the previous year.

All strata buildings should, before it’s too late, put in place by-laws to regulate the storage and charging of e-scooters and e-bikes to help prevent fires from lithium-ion batteries.

* October 2023 ACCC Lithium-ion batteries and consumer product safety

A BY-LAW THAT REGULATES THE STORAGE & CHARGING OF E-BIKES & E-SCOOTERS

Adrian Mueller I BCOM LLB FACCAL I Partner

Since 2002 Adrian has specialised almost exclusively in the area of strata law. His knowledge of, and experience in strata law is second to none. He is the youngest person to have been admitted as a Fellow of the ACSL, the peak body for strata lawyers in Australia. Profile I Linked

Contact Us

For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.