Mezzanine Fire Safety NSW: Approvals, Certifiers and Ongoing Obligations

Mezzanine fire safety NSW projects are assessed inside the state's planning and building approval system, and the first thing to understand is that a new mezzanine adds floor area. That single fact shapes which approval pathway you can use, who assesses your fire safety design, and what has to happen before your team can step onto the new level.

This article is for NSW warehouse, factory and business owners who want to understand the approval landscape before they brief a designer. It covers gross floor area, complying development versus a development application, the role of certifiers, occupation certificates and the ongoing fire safety questions to raise with your certifier.

Why a mezzanine is treated as added floor area in NSW

Most NSW local environmental plans use the Standard Instrument dictionary, and its definition of gross floor area (GFA) expressly includes the area of a mezzanine. The City of Sydney LEP 2012 dictionary is a local example of that definition.

This matters because the NSW rules for minor works generally turn on whether GFA increases. A mezzanine does increase it. So the pathway you might use for a simple internal fit-out is usually not available to you.

Mezzanine fire safety NSW: the approval pathway comes first

Here is how the main options work for a new mezzanine.

Exempt development and internal alterations

Exempt development must strictly comply with the exempt standards. And under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 5 Commercial and Industrial Alterations Code, clause 5.2(1)(c), a complying internal alteration must not increase the gross floor area of the building. There are limited exceptions, such as Premises Standards access. The clause is here: https://www5.austlii.edu.au/au/legis/nsw/consol_reg/seppacdc2008721/s5.2.html

Because a new mezzanine adds gross floor area, it generally cannot be done as exempt development or as a Part 5 internal-alteration complying development certificate. Your certifier will confirm this for your site.

Complying development under Part 5A

The NSW Planning guide "Complying Development for Business and Industry: A Pocket Guide" (May 2023) explains that you can increase GFA as complying development in employment, mixed-use and special purpose zones. The eligibility criteria and standards are the same as for a building addition under Part 5A (Industrial and Business Buildings Code).

The guide says additions in E1, E2, MU1, SP1, SP3, SP5 and W4 zones are capped at the lesser of 50% of the building's GFA, 1,000 m² if retail, or 2,500 m² if not retail. Land with heritage items, heritage conservation areas, BAL-40 or flame zone bushfire land, or significant contamination is not eligible.

Where it applies, complying development can be approved in as little as 10 to 20 days by a private certifier or council. That is a best case, not a promise for your site. The guide is at https://www.planning.nsw.gov.au/sites/default/files/2023-05/complying-development-business-industry-a-pocket-guide.pdf

Development application to council

If the land or the proposal is not eligible for complying development, a development application to council is needed. Your certifier or planner will tell you which path applies. For most owners, the practical advice is to settle this before you spend money on detailed drawings.

The role of the certifier

For complying development, the approving party is a private certifier or the council. Whichever route you take, the certifier is the person who will test your design against the National Construction Code (NCC) and the conditions of approval.

That is why you should involve them early. A certifier can tell you what fire safety information they need to see, which specialist reports are required, and how the mezzanine's size affects the assessment.

One NCC rule is worth knowing before that conversation. Under NCC 2022 Volume One, clause C2D3(4), a mezzanine is regarded as a storey when calculating rise in storeys if its floor area is more than 200 m² or more than one-third of the floor area of the room, whichever is the lesser. Two or more mezzanines at or near the same level are aggregated. ABCB guidance notes that larger mezzanines count because of their potential fire load, and rise in storeys feeds into fire-resisting construction requirements. See https://ncc.abcb.gov.au/editions/ncc-2022/adopted/volume-one/c-fire-resistance/part-c2-fire-resistance-and-stability

Ongoing fire safety questions to raise

Beyond getting a mezzanine approved, owners should ask their certifier about the building's existing fire safety measures and how the mezzanine might affect them. Ask them:

• Does my building already have fire safety measures that need regular maintenance or checking?
• Will the new mezzanine change that list, or the way existing measures need to be maintained?
• Who in my business holds the records, and where are they kept?

This is worth raising before approval, not after. If the mezzanine changes the building's fire safety measures, your certifier and fire engineer need to know at the design stage.

What to check before you lodge

Use this list when you meet your certifier.

• GFA and size: how much floor area you are adding, and whether the NCC storey rule applies.
• Pathway: whether the land and zone are eligible for complying development, or a development application is needed.
• Existing fire systems: what is in the building today, and whether the mezzanine affects it. Your certifier and fire engineer will confirm any changes.
• Use: what you will store or who will work upstairs.
• Exits: where stairs sit and how people leave the new level.
• Records: who keeps documents for future fire safety inspections.

The occupation certificate

Approval is not the end. An occupation certificate is required before a new building, or a new part of a building, is occupied or used. This comes from section 6.9 of the Environmental Planning and Assessment Act 1979: https://www5.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s6.9.html and is explained in the NSW Planning FAQ: https://www.planning.nsw.gov.au/sites/default/files/2023-04/occupation-certificates-faq.pdf

Do not move stock or staff onto the new level until the occupation certificate has been issued.

NSW sites we work with

NSW industrial areas are varied. South West Sydney precincts such as Moorebank, Prestons, Minto and Ingleburn have large distribution and light-industrial buildings, while Sydney West and the Hills districts mix factory units with smaller commercial buildings. Each site brings its own zoning, land and building conditions for your certifier to assess.

Our NSW pages cover the regions we serve: https://factorymezzaninefloors.com.au/location/nsw and https://factorymezzaninefloors.com.au/location/nsw/south-west-sydney. Our Rose Bay office is at Unit 10/1 Iluka St, Rose Bay NSW 2029.

For an overview of how we help with approvals, see https://factorymezzaninefloors.com.au/mezzanines/council-approval-guidance

Speak to our team

If you are planning a mezzanine in NSW, call 1300 998 883 or request a free quote. We can also book an obligation-free site consult to work through your approval pathway and the questions to put to your certifier.

FAQs

Can I install a mezzanine in NSW as exempt development?

Generally no. A mezzanine adds gross floor area, and Part 5 of the Codes SEPP says a complying internal alteration must not increase GFA. Your certifier will confirm the pathway for your site.

How long does approval take in NSW?

Complying development can be approved in as little as 10 to 20 days by a private certifier or council, where the site is eligible. Otherwise a development application to council is needed, and your planner or certifier can advise on the likely path.

Do I need an occupation certificate for a mezzanine?

An occupation certificate is required before a new building or a new part of a building is occupied or used. Your certifier will confirm how that applies to your mezzanine.