A fire safety order isn't a warning. It's a legal directive with a deadline.
When a council or Fire and Rescue NSW issues an order over combustible cladding, the Owners Corporation is legally on the hook to act — and the clock has already started. Ignoring it, or responding slowly, exposes the OC and its committee to prosecution, escalating penalties, and an insurer who may walk away from cover entirely.
Most orders land on strata managers and committees who have never dealt with one before. The document is written in regulatory language, references the Environmental Planning and Assessment Act and the Building Products (Safety) Act, and demands a remediation pathway most OCs have no idea how to build. That is the gap we close.
At Atomic Projects, our Fire Order Response service is built for one thing: getting the order discharged, cleanly and defensibly, with a documented paper trail that satisfies the issuing authority, the certifier, and the insurer. We move fast, engage the right consultants, and deliver a compliant remediation that stands up to scrutiny.
How We Respond to a Fire Safety Order
- Read the order and confirm the obligation. We interpret exactly what's been directed, the statutory deadline, and who the responsible person is under the order. We identify whether it's a development control order, a fire safety order under the EP&A Act, or a Building Products (Safety) Act rectification direction — each carries different obligations and timelines.
- Urgent facade assessment. We mobilise an inspection to confirm what combustible material is actually on the building, where, and in what quantity. This includes sampling and, where required, lab testing of the core to establish the material group classification under the NCC.
- Engage the fire engineer. We bring in a suitably qualified fire safety engineer to assess the risk, define the compliant end-state, and — critically — provide the sign-off the authority will require to lift the order. Early engagement here prevents rework later.
- Build the compliant remediation pathway. We scope the works needed to achieve compliance, whether that's full combustible cladding replacement, targeted panel removal, or a performance-based solution signed off by the engineer. We stage it against the order's deadline and, where the works cannot physically be completed in time, we help the OC apply for an extension supported by evidence of genuine progress.
- Deliver the works with full QA. Every stage is inspected, tested, and documented against an ITP with mandatory hold points and fire-engineer witness points — so the compliance evidence is being built as the work proceeds, not scrambled together at the end.
- Assemble the discharge package. We compile the fire engineer's sign-off, product compliance certificates, ITP records, and as-built documentation into a single package the OC submits to the issuing authority to have the order formally discharged.
Frequently Asked Questions
Who is legally responsible for complying with a fire safety order on our building?
In almost all cases the order names the Owners Corporation as the responsible person, because combustible cladding is on common property. The OC — and by extension the committee and strata manager — must comply within the stated timeframe. Individual lot owners are generally not liable for common-property cladding. Your strata manager and the order itself will confirm exactly who is named, but the OC should assume it needs to lead the response and fund it through a special levy or capital works drawdown.
What happens if we can't complete the remediation before the order's deadline?
Deadlines on complex facade works are often shorter than the physical works require, particularly where scaffold, fire-engineer design, and product lead times are involved. The issuing authority can grant an extension where the OC demonstrates genuine, documented progress — an engaged fire engineer, an approved scope, a signed builder, and a realistic programme. We help you assemble exactly that evidence. What authorities will not accept is silence or inaction, which is when penalties and prosecution risk escalate.
Do we need a fire engineer, or can the builder just replace the cladding?
You need a fire engineer. The issuing authority will generally not discharge a cladding-related order on the builder's word alone — it requires a suitably qualified fire safety engineer to assess the building and certify that the completed works achieve compliance. Replacing panels without that sign-off leaves the order live. We engage the engineer early so their requirements shape the scope from the outset, rather than forcing rework once works are underway.
Will responding to the order affect our building insurance?
It works both ways. An unresolved fire safety order is one of the fastest ways to have building cover declined, loaded, or cancelled at renewal. Conversely, a documented remediation with fire-engineer sign-off is often exactly what an insurer needs to reinstate or maintain cover. We recommend sharing the remediation scope and the discharge package with your insurer's assessor early, so the compliance outcome is recognised as soon as the works complete.
How quickly can Atomic Projects mobilise on an order?
We treat orders as urgent because the OC's legal exposure is real and time-bound. We can typically have an assessment underway within days of engagement and a fire engineer briefed shortly after, so the OC can demonstrate to the authority that it is acting. The full remediation programme depends on building size and access complexity, which we scope and communicate clearly once the assessment confirms the extent of works.
Related Services
Served with an order? Don't wait for the deadline to close in.
Call us today and we'll help you take the first defensible step.
📞 Call Us: 0410 515 509
✉️ Email Us: hello@atomicprojects.com.au
— Ben Tran, General Manager, Atomic Projects
Class 2 Registered Builder — appropriately licensed for high-rise residential works, with 10+ years in remedial building across Sydney strata.
