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 firefighters are battling a dramatic surge in lithium-ion battery fires, with more than one fire per day this month. This alarming trend has prompted fire officials to issue urgent warnings about potential fatalities and highlights the critical need for strict rules around lithium batteries, particularly within strata complexes.

The Growing Threat

The number of lithium-ion battery fires in NSW has increased significantly each year since 2022. Already in 2025, there have been 25 reported fires, with firefighters responding to more than one daily. A recent fire, suspected to be caused by an e-bike battery, underscores the danger.

Key Concerns for Strata

• Increased Frequency: The rapid rise in these fires poses a direct threat to the safety of residents and property within strata buildings.
• Recent Incidents: Multiple fires in quick succession demonstrate the volatile nature of these batteries and the potential for rapid escalation.
• Official Warnings: Fire and Rescue NSW officials have explicitly warned of the likelihood of fatalities from battery fires, emphasizing the urgency of the situation.
• Improper Handling: The increasing use of these batteries, coupled with the potential for improper charging and storage, significantly elevates the risk in densely populated strata environments.

Data Highlights the Danger

• 2022: 165 fires
• 2023: 272 fires
• 2024: 318 fires
• 2025 (to date): 25 fires

Taking Proactive Steps in Strata

This surge in fires underscores the growing risk associated with lithium-ion batteries and the need for immediate action within strata. It is strongly recommended that strata committees consider implementing comprehensive by-laws addressing the following:

• E-bike and E-scooter Storage: Designating safe and appropriate storage areas, potentially away from common areas and flammable materials.
• Charging Regulations: Establishing clear guidelines for charging these devices, including restrictions on charging in common areas or overnight.
• Battery Disposal: Providing information and resources on the safe disposal of lithium-ion batteries.
• Resident Education: Raising awareness among residents about the fire risks associated with lithium-ion batteries and promoting safe handling practices.

For more information read the full media article here 

Protecting Your Community

By implementing a by-law and taking these proactive steps, strata committees can significantly reduce the fire risks associated with lithium-ion batteries. Prioritizing safety and working collaboratively with residents, building managers, and local authorities is crucial to ensuring a secure environment for the entire community. Don’t wait for a tragedy to happen – act now to protect your strata complex.

GET YOUR ELECTRIC VEHICLE (EV) 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.