We acknowledge the traditional custodians of the land on which we work and pay our respects to all Elders past and present, and to the children of today who are the Elders of the future.
Artist: Jasmine Sarin, a proud Kamilaroi and Jerrinja woman.
A NSW Ombudsman report has found the administrative conduct of Lane Cove Council regarding its compliance with, and regulation of, fire safety requirements at a property in Lane Cove to be unreasonable and contrary to law.
Tabled in NSW Parliament today, the Investigation into enforcement of fire safety obligations at a residential building in Lane Cove report outlines how poor governance, inadequate record-keeping and unclear internal responsibilities resulted in non-compliance with fire safety requirements and delays in fixing underlying defects spanning more than 7 years.
The property is a mixed-use space containing both commercial and residential components, for which Lane Cove Council holds multiple roles as co-developer, owner and regulator.
Following a complaint, the Ombudsman commenced an investigation to determine whether the council fulfilled its fire safety obligations and whether it acted reasonably in its enforcement of fire safety requirements.
In 2025, the council appointed an external auditor to review its practices on building compliance and fire safety practices. The review found that existing processes and record-keeping were ‘inadequate’, causing an ‘inability to adequately manage’ its roles as owner, co-developer and regulator.
The council stated that its multiple roles as co-developer, owner and regulator had “caused confusion for all parties”.
“We do not accept that confusion caused by council’s multiple roles is an adequate explanation for the failures,” said Acting NSW Ombudsman Chantal Snell.
“The council, like any other public authority, has a duty to understand and follow the law.”
The Ombudsman found that the council’s failure to address the non-compliance of fire safety measures and fire related defects, and failure to exercise its discretion to take enforcement action against the owners of the premises (including itself) amounted to maladministration.
The Ombudsman also found that the council acted contrary to law by failing to provide annual fire safety statements for 7 years as required by the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
The council has since told the Ombudsman that all fire safety defects within the premises have been addressed.
“The council has generally accepted it did not meet its obligations with respect to fire safety compliance of the premises,” Ms Snell continued.
“While we acknowledge the measures taken to date have been encouraging, we have made 5 recommendations to help ensure the council has the clarity it needs about its roles as owner, co-developer and regulator.”
The report also recommends the council apologise for its failures to the owners of the residential lot.
We acknowledge the traditional custodians of the land on which we work and pay our respects to all Elders past and present, and to the children of today who are the Elders of the future.
Artist: Jasmine Sarin, a proud Kamilaroi and Jerrinja woman.