NSW: Can owners place furniture on common property fire escape routes?

This article discusses whether owners can place furniture on common property fire escape routes in NSW strata.

Question: Can an owner place furniture and mats on common property landings that form the only escape route in case of fire?

I am an owner occupier in a self managed NSW strata scheme of three lots. A central stairwell and its landings provide the only fire escape route for all lots. There is no lift. The building dates from the 1960s, and the stairwell and landings are larger than those in many modern buildings.

Without any special by-law granting common property rights, one lot owner has furnished the common property landing outside their front door as a foyer, including a large wall mounted mirror, a console table, and an oversized mat that covers the landing. I climb three flights of stairs, pass this furniture, and walk over the mat to access my lot.

Relying on our 1996 model by-laws, I objected in writing to the strata committee, stating that the mat is a trip hazard and that the stairwell and landings should not contain furniture because they form the only fire escape route. The owner who installed the items is our treasurer and claims that the Building Code of Australia allows them to furnish the landing, provided at least 1 metre of clear space remains.

Does an owner have the right to place furniture and mats in a common property fire escape route, and what legislation, standards, or NSW strata rules apply?

Answer: Paths of travel and exits must be of sufficient width and free of obstructions.

From an NCC/BCA perspective, this area is unlikely to be classified as a fire escape. However, it would generally be considered part of the path of travel for fire egress. The path of travel must provide a minimum clear width of 1.0 m and a minimum clear height of 2.0 m.

Under Part D1.6 – Dimensions of Exits and Paths of Travel in the National Construction Code Volume One:

• Paths of travel and exits must be of sufficient width and free of obstructions; and
• The design must allow occupants to evacuate safely in an emergency.

Note that D1P6 does not apply to the internal areas of a sole-occupancy unit (SOU) in a Class 2 building. It does, however, apply to common areas and paths of travel outside the SOU – such as corridors and shared egress routes – which must comply with the minimum width and obstruction requirements.

Dan Roberts
Newcastle Remedial Architects
E: dan@newcastleremedial.com.au

This post appears in Strata News #783.

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