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 a common property landing that forms 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? What constitutes an obstruction from a NCC/BCA perspective? Would the mat count as an obstruction or is it relevant to its height?

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.

In general, an owner or occupier does not have the right to place furniture, mats, or other items in a common property fire escape route.

Fire escape routes (including corridors, stairwells, lobbies, and exit paths) must be kept clear, unobstructed, and immediately usable at all times. Placing items in these areas can create a safety hazard and may also constitute a breach of statutory fire safety and strata obligations.

Relevant legislation and standards (NSW)

1. Strata Schemes Management Act 2015 (NSW)

Common property must not be obstructed or used in a way that is inconsistent with its intended purpose.

• Owners and occupants must comply with by-laws relating to use of common property.
• The owners corporation has a duty to manage and maintain common property, which includes keeping access and egress paths clear.

2. Strata Scheme By-laws

Most standard by-laws (including the Model By-Laws) prohibit:

• Obstruction of common property
• Unsafe or hazardous use of common areas
• The owners corporation can issue compliance notices for breaches and require removal of items.

3. National Construction Code (NCC) / Building Code of Australia (BCA)

Requires means of egress (exit paths) to be:

• Continuously accessible
• Free from obstruction
• Maintained to allow safe evacuation in an emergency
• Even minor obstructions (e.g. mats, furniture, plants) may be non-compliant if they reduce effective width or create trip/fire hazards.

4. Fire and Emergency Safety Legislation

Under NSW fire safety obligations (administered through the Environmental Planning and Assessment framework), building owners must ensure:

• Fire exits are not obstructed
• Fire safety measures and evacuation routes remain effective at all times
• Fire safety compliance is typically enforced by local councils and Fire and Rescue NSW.

Practical interpretation

Even if items appear small or non-hazardous (such as doormats or decorative furniture), they are generally not permitted in fire egress paths on common property unless:

They are specifically approved in accordance with the building’s fire safety documentation, and
They do not reduce required clear widths or compromise evacuation safety.

Summary

Owners do not have an unrestricted right to place items in fire escape routes on common property. Such areas must remain clear at all times under NSW strata law, the NCC/BCA, and fire safety legislation. The owners corporation is responsible for enforcement and ensuring compliance.

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

This post appears in Strata News #783.

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