As of 1 February 2026, the New South Wales Government has fully implemented a landmark safety and certification framework for e-micromobility products.

These regulations—targeting e-bikes, e-scooters, e-skateboards, and hoverboards—are designed to combat the rising number of strata building fires (and house fires) caused by substandard lithium-ion batteries.

For residents and committees in strata schemes, these changes mark a critical turning point in how shared living spaces manage the risks associated with e-mobility devices.

The New Rules: Testing, Tagging and Certification

The transition to these standards began in early 2025, but the 1 February 2026 deadline marks the official commencement of strict enforcement.

• Mandatory Certification: All e-micromobility devices and their standalone lithium-ion batteries sold in NSW must now be tested by an accredited lab and receive a Certificate of Approval.
• Safety Marking: Compliant products must display a valid electrical safety approval mark (a certification number) on the device or battery.
• Information Standard: Since late 2025, retailers have been required to provide consumers with clear safety information at the point of sale, covering safe charging, storage, and disposal.

Note for Buyers: It is now illegal for retailers to sell uncertified e-micromobility products in NSW. Penalties for corporations breaching these standards can reach up to $825,000.

Why This Matters for Strata Communities

Strata schemes are uniquely vulnerable to lithium-ion battery fires due to high-density living and shared charging infrastructure. The 2026 requirements provide a clear benchmark for owners corporations to manage safety:

• By-Law Enforcement: Many strata schemes are now introducing by-laws that mandate only certified and marked devices be stored or charged on common property.
• Second-Hand Risks: The new laws apply to second-hand sales. Strata residents should be wary of purchasing used e-bikes that do not feature the required safety markings, as these may be older, non-compliant models.
• Insurance Compliance: Ensuring that residents only use certified devices can be a key factor in maintaining valid building insurance and potentially mitigating rising premiums.

Safe Practices for Residents

Even with Certified Products Fire and Rescue NSW (FRNSW) recommends the following ‘gold rules’ for e-microbility safety:

1. Never charge unattended: Do not leave devices charging overnight or while you are away from home.
2. Use compatible chargers: Only use the charger supplied with the device or a certified replacement recommended by the manufacturer.
3. Charge in safe zones: Avoid charging near exits or on flammable surfaces like carpet or beds.
4. Monitor for ‘Thermal Runaway’: If a battery is swelling, leaking, or emitting a strange smell, stop using it immediately and move it outdoors if safe to do so.

Official NSW Government Resources

For the full list of certified products, detailed technical standards, and the official Information standard template, visit the NSW Government’s dedicated portal New safety standards for lithium-ion batteries in e-mobility devices now.

Mitigating Fire Risks and Protecting Residents

Protect your scheme from lithium-ion risks. E-bikes and e-scooters are convenient, but improper charging poses a significant fire hazard to high-density buildings. Don’t wait for an incident to occur. Contact our specialist strata legal team today to draft a robust by-law that regulates the storage and charging of micro-mobility devices, ensuring your building remains a safe place to live.

New Government E-bike Rules: Reduce Your Fire Risk Today Request an EV 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, 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.

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:

1. 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.
2. 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.
3. 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.
4. 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.

NEW EV SAFETY STANDARDS: GET YOUR COMPREHENSIVE EV BY-LAW 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, 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.