By local planning and design expert Andy Sharp

Each summer, the picturesque suburbs of the Illawarra, including my own postcode 2515, face the heightened reality of bushfire risk, a challenge shared by many communities along the escarpment. This area, known for its stunning homes nestled within bushland and adjacent to the escarpment, offers unparalleled natural beauty but also carries inherent bushfire risks.

Recent bushfire seasons, such as the catastrophic Black Summer bushfires of 2019-2020, which devastated large parts of New South Wales and Victoria, have underscored the critical importance of understanding Bushfire Attack Levels (BAL) when purchasing property in bushfire-prone areas.

This article aims to explore the implications of high BAL ratings, particularly in relation to Flame Zone classifications, and provide essential information for prospective buyers to make informed decisions.

What Are BAL Ratings and Why Do They Matter?

BAL ratings are a key part of bushfire planning regulations in NSW, designed to quantify the risk a property faces from bushfire threats. Defined under the Australian Standard AS 3959-2018 Construction of Buildings in Bushfire-Prone Areas, BAL ratings range from BAL Low (minimal risk) to BAL Flame Zone (highest risk). The six BAL levels are:

• BAL Low: Insufficient risk to require specific construction measures.
• BAL 12.5: Ember attack risk, requiring basic protection measures.
• BAL 19: Increased radiant heat and ember attack risk.
• BAL 29: High risk of radiant heat exposure.
• BAL 40: Very high risk of radiant heat and ember attack, with some flame contact.
• BAL Flame Zone: Direct exposure to flames, extreme radiant heat, and ember attack.

For properties rated at high BAL levels, including Flame Zone, construction and design requirements are more stringent and costly, aimed at minimising loss of life and property. These classifications can limit development opportunities and impose stringent compliance obligations, making it essential for buyers to understand their implications.

Buying Property in a Bushfire-Prone Area

Purchasing property in areas like postcode 2515 requires careful consideration of bushfire risks. According to the NSW Rural Fire Service’s (Planning for Bushfire Protection 2019), properties with higher BAL ratings face the most severe restrictions. Key considerations include:

• Development Restrictions: Subdivision or the addition of secondary dwellings may be prohibited in high BAL areas to avoid increasing population density in high-risk zones. This limitation significantly affects the investment potential of such properties.
• Renovation and Rebuilding Costs: Construction or renovation must meet the Building Code of Australia’s (BCA) bushfire construction standards, including fire-resistant materials, ember screens, and specific design features. A 2021 analysis by the Insurance Council of Australia found that upgrading to higher BAL standards can increase construction costs by up to 40% compared to standard builds.
• Insurance and Financing: Many insurers impose higher premiums or refuse coverage for properties with high BAL ratings. Similarly, financial institutions may restrict lending for high-risk properties, making financing more challenging for buyers.

The Role of Real Estate Agents

Real estate agents play an important role in ensuring buyers are fully informed about bushfire risks. Under NSW property disclosure laws, agents must provide accurate and relevant information about the property’s BAL rating. Key responsibilities include:

• Providing BAL Reports: Agents should obtain a formal Bushfire Attack Level (BAL) report from a qualified consultant or Council to ensure transparency.
• Educating Buyers: Agents should explain the implications of the property’s BAL rating, particularly for higher-risk properties, including development restrictions and compliance costs.
• Managing Expectations: By clearly outlining bushfire-related limitations, agents can help buyers make informed decisions, avoiding disputes or disappointment post-purchase.

Failure to disclose bushfire risks not only undermines buyer confidence but may also lead to legal repercussions for the seller and agent. Transparency is not just a legal obligation – it is a vital step in building trust within the community.

What Buyers Can Do

Buyers interested in properties in bushfire-prone areas should take proactive steps to protect their investment and safety:

• Engage Experts: Hire a qualified bushfire consultant to assess the property’s BAL rating and provide advice on construction or renovation requirements.
• Understand Planning Regulations: Familiarise yourself with the NSW Planning for Bushfire Protection 2019 guidelines and relevant sections of the BCA. These documents outline the specific measures required for compliance.
• Ask Critical Questions: Prospective buyers should ask agents about:
  • The property’s BAL rating.
  • Restrictions on development or subdivision.
  • Estimated costs of compliance for renovation or rebuilding.
• Budget for Compliance: Plan for additional costs associated with bushfire-resistant construction materials and design features.
• Explore Resilient Housing Options: Consider designs like FORTIS House, which offer comprehensive solutions for building homes resilient to bushfires and other natural disasters. These designs provide detailed plans and specifications, enabling homeowners to construct properties that meet high resilience standards.

There is a great video on the Fortis project here.

Building a Safer Community

Understanding and respecting bushfire planning regulations is not just about individual safety – it’s about fostering a resilient community. Informed property transactions help prevent tragedies and ensure that new development aligns with safety standards, protecting both residents and the natural environment. By prioritising transparency, education, and compliance, our region can continue to thrive as a safe and desirable place to live.

Conclusion

For prospective property buyers, understanding Bushfire Attack Levels – especially those associated with high-risk classifications like Flame Zone – is critical. From limiting development opportunities to increasing construction costs, high BAL ratings represent unique challenges that require careful consideration. Real estate agents have a vital role in ensuring buyers are fully informed, while buyers themselves must conduct thorough due diligence.

By working together to prioritise fire safety, we can remain a beautiful and secure community, even in the face of rising bushfire risks. Whether you’re a buyer, seller, or agent, knowledge is the most powerful tool in navigating these challenges.

References

NSW Rural Fire Service (2019). Planning for Bushfire Protection 2019. 

Australian Standard AS 3959-2018. Construction of Buildings in Bushfire-Prone Areas. 

Insurance Council of Australia (2021). Insurance Impacts of Bushfire Construction Standards.

NSW Government (2021). Bushfire Risk and Planning.

Australian Building Codes Board (2019). Building Code of Australia - Bushfire Construction Requirements. 

NSW Government (2020). Post-Black Summer Bushfire Recovery Planning.

Real Estate Institute of New South Wales (REINSW) (2020). Real Estate and Bushfire Risk: What You Need to Know.

FORTIS House (2023). Resilient Design for Bushfire-Prone Areas. 

FORTIS House (2023). The FORTIS House Story - Video. 

About the writer

With over 25 years of experience in city-making, property, planning, and design, Andy Sharp is a seasoned professional leading a multi-disciplinary team focused on complex city renewal projects. His career spans the built environment sector, where he specialises in cross-disciplinary advisory, development strategies, urban renewal, and place-based city delivery.