As the festive season approaches, the excitement of gift-giving means more than just parcels under the tree—it means an influx of new electronic devices particularly e-micromobility devices such as e-bikes, e-scooters, e-skateboards and e-hoverboards. Also, related components that pose the fire risk lithium-ion batteries, power supplies and chargers.
For the strata industry, this period of cheer brings with it an elevated risk, underpinned by the growing safety concerns surrounding lithium-ion batteries and the need for clear, enforceable management rules.
The New Lithium-ion Battery Safety Standards: A Strata Imperative
The NSW Government has recently taken decisive action to address the escalating fire risk posed by substandard lithium-ion batteries. As confirmed by NSW Fair Trading, e-micromobility devices and their batteries are now ‘declared electrical articles’ under the Gas and Electricity (Consumer Safety) Act 2017.
Key regulatory dates and requirements include:
- Mandatory Information: Enforcement of requirements to provide clear safety information (safe use, charging, storage, fire prevention) came into effect in August 2025.
- Mandatory Certification: From February 2026, devices and their batteries sold in NSW must be independently tested, certified, and marked as compliant.
These changes are critical because they officially recognise that lithium-ion battery technology, while convenient, presents a significant and specific fire risk—a risk that is amplified within the shared, high-density living environment of a strata scheme.
Festive Gifts Mean Increased Fire Risk in Common Areas
Imagine a typical strata scheme on Christmas morning: several residents unwrap new, potentially non-compliant e-scooters or e-bikes. Over the holidays, these devices are constantly being used, returned, and plugged in to charge—often in fire-prone locations like balconies, common area hallways, or car spaces without adequate ventilation or fire separation.
This surge in usage and charging density increases the risk of a catastrophic fire event. While new certification standards will eventually filter out unsafe products, thousands of uncertified devices remain in circulation, and non-compliant charging behaviour is still rampant.
The festive season accelerates the need for proactive strata governance, not reactive damage control.
Reduce Fire Risk: Secure Your Scheme with a Robust EV By-Law
Waiting for a regulatory deadline (like the February 2026 enforcement date) or, worse, for a fire to occur is not a strategy. The Strata Committee has a clear duty of care to protect the common property and the safety of residents.
We specialise in drafting comprehensive, legally robust, and future-proof Electric Vehicle and E-Micromobility By-Laws that directly address these evolving risks. Our by-laws are designed to:
- Regulate Charging Locations: Mandate safe charging areas, prohibit charging in dangerous zones (e.g., balconies, storage cages), and manage the use of common property power outlets.
- Ensure Compliance: Require owners to only use devices and batteries that meet relevant Australian/NSW safety standards and carry the required approval marking, aligning with the new NSW Fair Trading standards.
- Manage Infrastructure: Provide clear pathways for the installation of dedicated EV charging stations, ensuring fair allocation of costs and power consumption, and maintaining the structural integrity and insurance requirements of the building.
- Minimise Insurance Risk: Demonstrate due diligence to insurers by implementing best-practice safety protocols, potentially mitigating premium increases or coverage issues.
Don’t let the convenience of a holiday gift become a future liability for your scheme. Act now to implement clear, enforceable EV by-law rules before the festive season influx.
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
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For all strata law advice including by-laws, disputes, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.
