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The NSW Ombudman's report on fire safety obligations is now available
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 on 29 May 2026, 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.”
Please click here to read the full media release.
Source: The Ombudsman New South Wales, Australia
