Lithium-Ion Battery Fire Safety in NSW Commercial Buildings: Rules and Responsibilities
An e-bike charging in a basement, spare batteries kept in a storeroom, or a tenant charging battery-powered equipment overnight can raise fire safety questions that a building's existing compliance paperwork does not necessarily answer.
NSW has introduced mandatory safety standards for specified e-bikes, e-scooters, batteries and chargers. Existing workplace safety obligations, building fire protection requirements and electrical installation standards also apply where relevant.
But a product that meets NSW safety standards is not automatically approved for charging or storage in any location within a commercial building.
For property and facility managers across Greater Sydney, the first step is to establish which activities are taking place, who controls them and whether the existing fire safety arrangements are suitable for those uses.
Which NSW lithium-ion battery rules apply to commercial buildings?
Different requirements apply depending on whether the issue concerns product supply, workplace use, stationary battery installation or existing fire safety measures.
Battery-related activity | Relevant framework | What to check |
Selling or supplying e-bikes, e-scooters, batteries and chargers | NSW Fair Trading product safety rules | Product certification and supplier responsibilities |
Charging or storing batteries at work | Work health and safety legislation | Who controls the activity and manages the risks |
Charging portable batteries in shared areas | Applicable building and workplace requirements, with FRNSW guidance | Charging location, exits and combustible storage |
Installing stationary battery storage (BESS) | Electrical installation standards and applicable building requirements | Installation compliance, approvals and professional assessment |
Maintaining existing fire protection systems | Fire Safety Schedule, AFSS and AS 1851-2012 | Inspection, testing and maintenance responsibilities |
A building can have a current Annual Fire Safety Statement (AFSS) without having separately assessed every battery charging activity taking place inside it.
Likewise, a certified e-bike does not establish that a particular storeroom or basement charging location is suitable.
NSW product safety requirements for e-bikes and e-scooters
NSW Fair Trading regulates specified e-micromobility products under the Gas and Electricity (Consumer Safety) Act 2017.
The requirements cover declared electrical articles, including certain e-bikes, e-scooters, their lithium-ion batteries and chargers.
According to NSW Fair Trading's regulatory guidance, the requirements were introduced in stages:
1 February 2025: Prescribed safety standards began applying to affected products sold or supplied in NSW.
19 February 2025: Additional consumer information requirements commenced.
1 February 2026: Full testing, certification and electrical safety marking requirements became enforceable, subject to specified exemptions.
NSW Fair Trading states that penalties for supplying non-compliant products can reach $825,000.
The rules primarily concern manufacturers, sellers, suppliers and rental businesses. Some older rental products have exemptions from certification and marking, although the applicable safety standards still apply.
The NSW Government's product safety guidance explains the certification requirements and the responsibilities of businesses supplying affected products.
Does certification make a charging location compliant?
No. Product certification confirms that a product model meets the prescribed safety standards.
It does not determine whether an office storeroom, loading dock or basement area is suitable for battery charging.
A tenant might use a certified e-bike and charger but charge the battery close to an exit or combustible storage. Those location-related risks need separate consideration.
Are dedicated battery charging rooms mandatory in NSW?
The official NSW guidance reviewed for this article does not identify one mandatory charging-room specification that applies to every portable e-bike or e-scooter battery in existing commercial and mixed-use buildings.
This does not mean that charging locations are exempt from fire safety or workplace safety obligations.
The requirements depend on the premises, the activity, who controls the space and whether building work or other changes are proposed.
FRNSW recommendations for charging and storage
Charging batteries away from exits and combustible materials.
Using approved chargers compatible with the battery.
Avoiding charging while unattended.
Disconnecting batteries once charging is complete.
Not using or charging batteries that are swollen, leaking, overheating or damaged.
These recommendations offer practical checks for property managers reviewing battery use within their buildings.
However, FRNSW's general consumer guidance is not a statutory design specification for every commercial charging room.
A property manager considering a dedicated charging area should seek appropriately qualified advice on its location, fire protection arrangements and any other applicable requirements.
Workplace safety responsibilities
SafeWork NSW identifies lithium-ion batteries as a workplace hazard and provides guidance for businesses on handling, storage, charging and emergency procedures.
Under work health and safety legislation, a person conducting a business or undertaking (PCBU) must manage applicable risks to workers and others.
Responsibility may involve employers, tenants, building operators and other parties, depending on their activities and control of the premises.
For example, a tenant charging battery-powered equipment within its leased storeroom may control the equipment and charging procedures. The building manager may have separate responsibilities for common areas and the maintenance of essential fire safety measures.
It is not enough to assume that the property owner is responsible for every battery, or that all responsibility lies with the tenant.
SafeWork NSW also identifies additional requirements for workplaces meeting a 25,000 kg lithium-ion battery threshold. These requirements should not be confused with ordinary personal-device charging.
Stationary battery storage systems have different requirements
A permanently installed battery energy storage system (BESS) requires separate consideration from removable batteries used in e-bikes and e-scooters.
Building Commission NSW confirms that AS/NZS 5139:2019, including Amendment 1:2025, applies to relevant battery energy storage installations.
Its advisory on changes to the Battery Standard confirms that the amendment is mandatory and addresses installation matters including location, clearances and safe egress.
Building owners considering a stationary system should establish the applicable electrical, building and fire safety requirements with suitably qualified practitioners before installation.
The technical requirements for a fixed BESS should not be assumed to apply unchanged to portable batteries stored or charged by tenants.
Five battery fire safety checks for property managers
A useful review starts with what is happening in the building rather than what its original design documentation anticipated.
1. Identify where batteries are charged and stored
Ask tenants and relevant site personnel whether e-bikes, e-scooters, removable batteries or battery-powered equipment are being charged in their areas.
Check offices, storerooms, loading docks, basement areas and shared facilities where charging may have developed informally.
Question to ask: Do we have an accurate record of battery charging and storage locations?
2. Check charging locations against escape routes
FRNSW recommends keeping charging equipment away from exits and combustible materials.
If batteries are being charged near corridors, exit doors or stored combustible materials, ask a competent practitioner to consider the arrangement.
Question to ask: Has the location been reviewed against the building's evacuation and existing fire protection arrangements?
3. Clarify responsibilities between tenants and building management
A property manager may control common areas without knowing how every tenant uses battery-powered equipment inside their tenancy.
Building rules, tenancy agreements and workplace procedures may help clarify expectations, subject to the relevant legal and contractual requirements.
Question to ask: Who communicates charging procedures, and who follows up when unsafe practices are identified?
4. Review the existing fire safety measures
Check the building's Fire Safety Schedule to understand which essential fire safety measures are required and the standards they must meet.
If a space has started being used for battery charging or storage, discuss whether the change warrants further assessment.
Regular fire safety testing and inspection helps establish whether existing fire protection systems are meeting their applicable servicing and performance requirements. It does not automatically assess every new activity introduced within a tenancy.
Question to ask: Have the relevant fire safety professionals been informed about changes in battery charging or storage?
5. Establish procedures for damaged batteries
Batteries showing signs of swelling, leaking, damage or overheating require particular care.
Staff and tenants should know whom to contact and how to obtain appropriate advice rather than attempting improvised repairs or disposal.
FRNSW warns that damaged batteries should not be placed in ordinary waste or standard battery recycling collection points.
If a battery catches fire, SafeWork NSW advises evacuating the area and calling Triple Zero (000) rather than attempting to extinguish it.
Question to ask: Do staff and tenants know how to report a damaged battery and arrange safe handling or disposal?
Does an AFSS cover lithium-ion battery fire risks?
An Annual Fire Safety Statement is not a general certification that every fire-related activity inside a building has been assessed.
The building's Fire Safety Schedule identifies its essential fire safety measures and the performance standards those measures must meet.
An AFSS records the required assessment of those measures by an appropriately accredited practitioner.
From 13 February 2026, NSW requires applicable essential fire safety measures in new and existing Class 1b and Class 2 to 9 buildings to be inspected and tested in accordance with AS 1851-2012, where the standard addresses the relevant maintenance activities, unless an applicable performance solution specifies otherwise.
Building Commission NSW explains these maintenance obligations, including the responsibility of building owners to arrange appropriate servicing and maintain records.
What AS 1851-2012 covers, and what it does not
AS 1851-2012 addresses routine servicing of fire protection systems and equipment.
It does not certify individual lithium-ion batteries or determine whether an informal charging arrangement is appropriate for a particular tenancy.
A functioning fire detection system does not, by itself, establish that a proposed battery charging location is suitable.
Similarly, completing the annual fire safety statement process does not replace an assessment of new activities or equipment that may affect the building's fire safety arrangements.
Building owners reviewing their existing obligations can refer to EverSure's information on Annual Fire Safety Statements and the company's fire protection maintenance services.
If battery use has changed since the building's fire safety arrangements were established, discuss that change with the relevant fire safety and building professionals.
What is changing under NSW battery recycling rules?
The NSW Government has established a legislative framework for mandatory battery product stewardship.
The proposed scheme covers specified household batteries, removable rechargeable batteries weighing 5 kg or less, and rechargeable batteries used in e-micromobility devices regardless of weight.
Its purpose is to make regulated battery brand owners responsible for funding appropriate collection, recovery and recycling.
The NSW Government initially anticipated commencement on 1 October 2026. However, the NSW EPA's updated battery stewardship guidance states that commencement will follow the appointment of one or more product stewardship organisations and a transition period.
As at 10 November 2026, the scheme has not commenced.
Its primary obligations will concern regulated battery brand owners rather than automatically imposing new charging-area requirements on commercial property managers.
Existing guidance on safe battery disposal remains relevant.
Will NCC 2025 change battery requirements?
The National Construction Code (NCC) establishes technical requirements for building design and construction, including fire safety and safe evacuation.
NSW currently applies NCC 2022 Amendment 2 and has announced that NCC 2025 will be adopted on 1 May 2027.
The NSW Government's guidance on NCC compliance confirms the adoption date and explains that NSW-specific variations and requirements must also be considered.
Whether a proposed battery installation or building alteration is affected by NCC requirements depends on the applicable provisions and project circumstances.
The scheduled adoption of NCC 2025 should not be interpreted as automatically requiring every existing portable battery charging location to be upgraded.
What should commercial building owners do next?
If batteries are being charged or stored in your building, establish where this happens, who controls the activity and whether the existing fire safety arrangements have been considered.
Review the Fire Safety Schedule, inspection records and current maintenance arrangements. Where charging practices or building use have changed, obtain appropriate professional advice rather than assuming that existing compliance documentation resolves the issue.
If you manage a commercial or mixed-use building in Greater Sydney and want to review its fire safety maintenance or AFSS requirements, speak with EverSure Fire Protection.
Call 02 8212 4801 or contact the EverSure team.
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