With the rapid rise of battery-powered devices from smartphones to e-bikes owners corporations are increasingly facing a modern and potentially dangerous dilemma: should strata schemes provide dedicated on-site battery disposal facilities for residents?

The answer, from a fire safety perspective alone, should give every strata committee serious pause. Lithium-ion batteries are one of the fastest-growing causes of catastrophic residential building fires.

A communal collection box might seem like a helpful, proactive initiative, it is a move fraught with fire, legal, insurance, and safety liabilities that no owners corporation should take lightly.

Here’s what schemes need to know about their fire safety obligations, legal responsibilities, and the risks of managing battery waste on common property.

Onsite Battery Disposal: Is it Legally Required?

The short answer under New South Wales strata law is no. There is no legislative requirement forcing an owners corporation to provide a battery disposal facility inside a strata building.

While the Strata Schemes Management Act 2015 (NSW) obliges schemes to manage health, safety, and proper waste control on common property, this does not extend to mandating specialist infrastructure for hazardous or problem waste.

Individual resident responsibilities: Under standard council frameworks and EPA guidelines, the responsibility for safely disposing of batteries rests entirely with the individual resident.

Strictly Prohibited from Standard Bins: Batteries are a major fire hazard – they are strictly prohibited from being thrown into standard kerbside red, yellow, or green bins. Instead, residents are expected to take them to designated community recycling drop-off points, such as retail B-cycle points or local council Community Recycling Centres.

The Fire Risk: Why Lithium Batteries Are Uniquely Dangerous

Lithium-ion batteries are found in an enormous range of everyday items – smartphones, laptops, vapes, power tools, e-bikes and e-scooters and they pose a fire risk unlike almost any other household item. Strata committees must understand this risk clearly before making any decisions about on-site battery handling or storage.

Thermal Runaway: A Fire That Cannot Be Stopped

The principal danger is a chemical process known as thermal runaway. When a lithium-ion battery is damaged, punctured, crushed, exposed to heat, or simply reaches the end of its usable life and begins to degrade internally, it can enter an uncontrollable self-heating cycle. This is not an ordinary fire. Once thermal runaway begins it:

• Accelerates rapidly and is self-sustaining
• Produces toxic gases
• Extremely difficult to extinguish

For strata schemes, the conclusion is clear: an unmonitored communal battery collection point is not a recycling initiative – it is a potential ignition point in the heart of a shared building

The Liability Trap: Legal and Insurance Risks

Setting up an unmonitored battery dump on common property, however well-intentioned, introduces substantial risks that strata committees should carefully weigh:

• Insurance Implications: Strata insurers are acutely aware of these risks. Many now require strict disclosures regarding the storage and charging of lithium-ion batteries. Establishing a communal collection point for dangerous goods without proper infrastructure could jeopardise a building’s insurance coverage or dramatically spike premiums.
• Work Health and Safety (WHS): By creating a dedicated zone for hazardous waste, a scheme may inadvertently assume a duty of care under WHS legislation. This could necessitate implementing formal handling procedures, installing specialist fire-resistant storage, and providing dedicated training for building managers.

The Challenge for Owners Corporations

The challenge for owners corporations is keeping pace with the progressive change of reform as technology shifts. Ultimately, keeping batteries out of strata waste streams entirely is the safest and most legally sound strategy for any owners corporation with:

• Targeted Waste Disposal By-Law via special resolution. This by-law clearly shifts the onus, explicitly prohibiting residents from disposing of batteries within the building’s standard waste streams and clarifying that individuals must utilise external recycling facilities.
• Proactive communication. Committees and strata managers should implement clear signage in common waste areas directing residents to their nearest safe disposal points. A simple reminder to residents to tape over battery terminals and drop them off at local retail collection points can significantly reduce the risk of a catastrophic fire event.

If your owners corporation needs to update existing by-laws or implement a tailored Waste Disposal By-Law or a comprehensive Lithium-Ion Battery Safety By-Law contact our specialist strata team today.

PROTECT YOUR STRATA SCHEME WITH A LITHIUM BATTERY SAFETY 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.

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.