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.

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. 

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