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. 

EV Charging – Grant Funding Deadline

Owners Corporations considering installing electric vehicle charging infrastructure in the strata scheme should be aware of the availability of grants from the NSW State Government to assist owners corporations with at least 10 apartments to install EV charging infrastructure in a common area.

The process takes place over two steps.

Step 1 – Feasibility Assessment

Owners corporations which believe they may be eligible can make application for a feasibility assessment.  The cost for an owners corporation making an application is $2,000.00 plus GST.  The New South Wales Government will cover any other part of the cost of the assessment process.

To be eligible, your strata scheme must:

• be located in NSW;
• be a registered strata scheme under the Strata Schemes Development Act 2015;
• contain 10 or more apartments as a class 2 building;
• have a private and/or common property visitor (or shared) off-street common property parking as part of the strata scheme;
• have no more than 4 EV chargers already installed (for buildings with less than 40 apartments) or no more than 10% of the number of parking spaces for buildings over 40 apartments;
• be able to implement EV charging infrastructure upgrades that can be accessed by all residents.

Step 2 – Grant Implementation

If the Step 1 feasibility assessment report is positive then the owners corporation will be invited to apply for Step 2 of the grants.

The owners corporation  will firstly need to meet for the purpose of passing some necessary motions and to empower the strata committee to obtain quotes for the Step 2 works.  Once those quotes are obtained then they are submitted together with some other documentation to the New South Wales Government for review, and once approved then the owners corporation can proceed to installation.

The government will fund 80% (up to $80,000.00 per building) of eligible infrastructure costs and will also cover 50% (up to $1,200.00 per building) of eligible software subscription costs for two years.

Act Now – Limited EV Government Funding

There is $10 million available to assist eligible NSW strata schemes, but it is on a “first come first served” basis.

It is therefore critical that if your owners corporation is considering undertaking works of this kind, that you begin to consider making application for  the funds which may be available to you as soon as possible.

If your strata scheme requires assistance in any aspect of the process, for example in drafting the necessary motions to take the matter forward, then we would be happy to assist you.

We also specialise in EV by-laws should you require a new EV by-law or a review of an existing EV by-law.

Warwick van Ede I BEc LLM I Lawyer

Since 1990, Warwick has specialised in strata law, property law and litigation. Recognised for his expertise, he is also a NSW Law Society Accredited Specialist in Property Law. In 2021 he was selected to serve on the Property Law Committee of the Law Society of NSW. Profile I LinkedIn

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.

Under a plan by the City of Sydney  all new apartment blocks will need to provide EV chargers and existing apartment blocks will need to retrofit EV chargers as the Council pushes to drive the uptake of EV’s and drive net zero emissions by 2035.

Retro Fitting EV Chargers

Many older apartment blocks are struggling with the concept of installing EV chargers, a major hurdle for the following reasons:

• The significant costs
• Navigating the current building infrastructure
• Questions about who pays for the new infrastructure?
• Uncertainty over who pays for the electricity used?
• Questions about how the EV owner is charged for electricity used and whether a by-law can introduce a user pays system for electricity costs
• Lack of information about EV charger installation
• Convincing lot owners who don’t own an EV (and may never) to contribute to the cost of installing EV charging infrastructure

The NSW Government’s promise in the upcoming elections to install 30,000 public charging stations across NSW is a positive move in the right direction.

However, in Europe more than 80% and in North America 70% of EV vehicles are charged in homes overnight.

So, perhaps the Government needs to further develop ways to assist with the uptake of retrofitting EV chargers in existing apartment blocks to ensure the City of Sydney (and other areas) reach their target of zero emissions by 2035.

In that regard, the NSW Treasurer recently announced that if the NSW Government is re-elected at the upcoming election, changes will be made to strata laws in NSW to make it easier to install EV Chargers in apartment buildings. The jury is still out on that announcement but it would be a step in the right direction.

For more information refer to these media articles:

• This is evolving quickly City of Sydney accelerates switch to electric vehicles.pdf
• Sydney council pledges to plug in to electric car trend
• 30,000 EV chargers across NSW by 2026

Do You Need an Electric Vehicle (EV) By-law?

Our specialist team of strata lawyers has drafted many by-laws permitting owners to install electric vehicle chargers in strata buildings. Our EV by-law considers and covers all essentials including these key issues:

• Who’s responsible for paying the cost of electricity used to charge electric vehicles
• Any necessary upgrades to the electricity infrastructure in the building
• Overloading the existing electrical infrastructure

DO YOU NEED ASSISTANCE WITH AN ELECTRIC VEHICLE BY-LAW?

From October 2023, a new federal policy will come into place for electric vehicles (EV’s) relating to EV charging in apartment blocks.

The new policy states that it is mandatory for all apartment buildings to be built allowing for EV charging infrastructure.

But… what about existing older strata buildings and the growing demand for EV’s and EV charging facilities?

Electric Vehicle Chargers in Older Strata Blocks

Is there a risk for older apartment buildings and their market value if they don’t find a solution for installing the necessary EV charging infrastructure, particularly as these new rules come into place?

Perhaps, just as strata committees have adjusted to retrofitting solar, they must now adjust to retrofitting EV charging solutions for tenants and lot owners.

The NSW Government has developed this guide to assist with getting your building ‘EV ready’.

Do you Need an Electric Vehicle (EV) By-law?

Our specialist team of strata lawyers have drafted many by-laws permitting owners to install electric vehicle chargers in strata buildings. Our EV by-law considers and covers all essentials including these key issues:

• Who’s responsible for paying the cost of electricity used to charge electric vehicles
• Any necessary upgrades to the electricity infrastructure in the building

DO YOU NEED AN ELECTRIC VEHICLE BY-LAW?

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.

What do you need to consider in your EV Strata By-law?

EV by-law’s prepared by our team permits all owners to install electric vehicle chargers in their car spaces or garages and connect those chargers by cabling leading to the switchboard.

However, there are a number of matters an owners corporation needs to consider when adopting the by-law and permitting owners to install electric vehicle chargers.

Seven EV By-law Considerations

1. Is there sufficient room on the switchboard for additional circuit breakers to be installed for each electric vehicle charger installed by an owner?
2. Is the existing electrical infrastructure on common property sufficient to handle the additional loads generated by electrical vehicle chargers when they charge EVs? If not, who will be liable to pay for the upgrade of that infrastructure?
3. Is it possible for electric vehicle chargers to be separately metered and charged to the owner’s account instead of the owners corporation paying for the electricity that is used by the EV chargers?
4. Do the EV chargers and their use create any risks to the health and safety of other residents?
5. Are there sufficient cable trays in place in the garage or other areas to accommodate the cabling that will need to be run between electric vehicle chargers in lot owners’ garages and the switchboard.
6. Will the electric vehicle chargers be compatible with any load management system in place and the electrical infrastructure that exists in the building?
7. Is it possible for limitations to be placed on the loads drawn by electric vehicle chargers, for example, to limit electric vehicle chargers to single phase chargers drawing no more than 10amps power?

JS Mueller & Co Lawyers EV by-laws deal with some of these considerations and often is tailored to deal with most of them.

CLICK HERE FOR ELECTRIC VEHICLE (EV) BY-LAWS

There has been a substantial increase in the number of electric vehicles (EV) being purchased by residents of strata buildings from cars to bikes and other vehicles.

A Recent Study

A recent study of the ‘future of EV charging in Sydney apartments’ revealed that:

• 48% of respondents plan to have an electric vehicle of some kind, within the next 5 years
• 78% were in favour of installing charging facilities
• 79% would like a user-pays arrangement for individual vehicle spaces

Does an EV Charger Require Owners Corporation Approval?

The fact is that electric vehicles need charging and that means installing electric vehicle chargers in your apartment block is inevitable.

Installation of electric vehicle chargers will normally involve changes to common property that require owners corporation approval through a by-law.

But what should the by-law cover?

There are two key issues which should be covered in the by-law.

First, who pays for the cost of the electricity that will be used by the EV charger?

Second, what happens if the EV chargers requires the building’s electricity infrastructure to be upgraded (e.g. to 3 phase power)? Who pays for the upgrade?

Get your EV By-law from the Experts 

Our specialist team of strata lawyers have drafted many by-laws permitting owners to install electric vehicle chargers in strata buildings. Our EV by-law covers all essentials including:

• Who is responsible for paying for the cost of electricity used to charge electric vehicles
• Any necessary upgrades to the electricity infrastructure in the building

GET YOUR ELECTRIC VEHICLE (EV) BY-LAW NOW!

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