FAQs

The Planning and Design Code (the Code) contains the planning rules and policies that guide what can be developed in South Australia. Planning authorities use these planning rules to assess development proposals.

A Code Amendment is a proposal to change the policies, rules, or mapping within the Code, which can change the way that future developments are assessed. Code Amendments must be prepared according to certain processes set out by legislation (the Planning, Development and Infrastructure Act 2016 and associated Regulations).

Code Amendments may be undertaken by a range of entities including the State Planning Commission, councils, state agencies, people who have an interest in land, or the Chief Executive of the Department for Trade and Investment. 

This Code Amendment is being undertaken by the State Planning Commission.

You can view the proposed bushfire hazard mapping online and zoom into the map or search for an address to see which overlays apply to your allotment. 

The Hazards (Bushfire – Regional) Overlay currently appears in the Code. The overlay was introduced when the Code was first implemented to provide a policy framework for areas that did not have vegetation mapping and the level of bushfire hazard was unknown as a precautionary measure. 

The investigations undertaken to inform the draft Code Amendment included a review of the existing bushfire hazard overlays and the preparation of new bushfire hazard mapping for the entire state, including the areas within the previously unmapped Hazards (Bushfire – Regional) Overlay. 

The draft Code Amendment seeks to remove the Hazards (Bushfire – Regional) Overlay and apply the new Hazards (Bushfire) Overlay and the appropriate level of hazards (high, medium or general hazard) in these areas based on new mapping methodology.

The new bushfire mapping is based on more recent grass fuel modelling, incorporating farming cropping and grazing vegetation, and will provide a more contemporary and accurate reflection of the bushfire hazard that exists in these areas. The new bushfire mapping will improve the development assessment process and help to manage the threat and impact of bushfires on life and property by allowing development in these areas to be assessed against the actual bushfire hazard level. 

The Hazards (Bushfire – Regional) Overlay will be removed from the Planning and Design Code and the Hazards (Bushfire) Overlay and the appropriate level of hazard (high, medium or general hazard) will be applied to your allotment based on evidence-based spatial data and updated mapping methodology.

If the Code Amendment is approved new development applications will need to be assessed against the policies in the Hazards (Bushfire) Overlay that are relevant to the level of hazard that applies to your allotment. The level of bushfire hazard applied to your allotment may increase or decrease based on the updated mapping data and new mapping methodology.

If the level of bushfire hazard applied to your allotment changes from the Hazards (Bushfire – Regional) Overlay to the Hazards (Bushfire) Overlay and High Bushfire Hazard Area, a development application would need to satisfy additional policies and particular classes of development would need to be referred to the Country Fire Service of SA for expert assessment and direction. This includes development applications for buildings for at risk communities, habitable buildings and other forms of accommodation.

There are currently six bushfire hazard overlays in the Planning and Design Code. The Code Amendment proposes to remove the Hazards (Bushfire Regional Risk) Overlay and combine the existing High Risk, Medium Risk and General Risk overlays into a single Hazards (Bushfire) Overlay that will be used to define the level of hazard within the overlay as either high, medium or general bushfire hazard. The proposed bushfire hazard overlays and bushfire hazard areas are further explained below:

Hazards (Bushfire) Overlay – High Bushfire Hazard Area

The High Bushfire Hazard Area represents the highest level of bushfire hazard and has been applied to:

• areas that contain more than 25 per cent forest vegetation; that is, forest / woodland / shrub greater than 1 metre in height
• an additional 100 metres (where there is no adjacent bushfire hazard) to provide a buffer that can be used to protect against the impacts of radiant heat and ember attack
• smaller areas that were originally identified as Medium or General Hazards (less than 20 hectares), where they are located adjacent to a High Bushfire Hazard Area.

Proposed policy:

• The draft Code Amendment is proposing to introduce a more coherent policy framework for development in the High Bushfire Hazard Area, including the need to accommodate a larger dedicated water supply.
• The draft Code Amendment is not looking to introduce a Deemed-to-Satisfy assessment pathway for development in the High Bushfire Hazard Area, including buildings for at risk communities, habitable buildings and other forms of accommodation.
• Development applications for the creation of additional allotments, buildings for at risk communities, habitable buildings and other forms of accommodation will still require a referral to the CFS for expert assessment and direction.
• A site-specific Bushfire Attack Level (BAL) assessment will still be required for most development applications in the High Bushfire Hazard Area, including buildings for at risk communities, habitable buildings and other forms of accommodation.
• To support the draft Code Amendment, it is proposed to amend Schedule 8—Plans of the Planning, Development and Infrastructure (General) Regulations 2017, to require development applications seeking planning consent for new buildings or structures or extensions to existing buildings to include a site-specific BAL assessment, completed by the CFS or an independent technical expert, when an application is lodged for planning consent.
• The site-specific BAL assessment will be based on the specific site, proposed development and takes into consideration the location of buildings, vegetation classification, slope, fuel load, wind speed and the Forest Danger Index.

Hazards (Bushfire) Overlay – Medium Bushfire Hazard Area

The Medium Bushfire Hazard Area has been modelled on the broad capture of Forest Vegetation from the Department for Environment and Water Datasets for SA Land Cover Models (Likely) 2010-2015. The Medium Bushfire Hazard Area has been applied to:

• sparse, small or linear areas of forest vegetation and woodland that is not considered to be high hazard
• areas of grassland vegetation that are considered to be capable of producing fuel loads of 3 tonnes per hectare or more, including areas that are suitable for cropping or the production of Phalaris grass.

Proposed policy: 

• Bushfires in grassland vegetation do not burn at the same level of intensity or generate the same level of radiant heat as forest fires and therefore do not require the same level of suppression.
• The policies applied to Medium Hazard areas are less focused on the protection of life and more concerned with protecting buildings from the threat of bushfire and the dangers posed by radiant heat and ember attack.
• Smaller Medium Bushfire Hazard Areas (less than 20 hectares) that directly adjoin a High Bushfire Hazard Area have been absorbed into the High Bushfire Hazard Area to ensure an appropriate level of protection is applied.
• A designated Bushfire Attack Level of BAL12.5 applies to areas that are located within the Medium Bushfire Hazard Area.

Hazards (Bushfire) Overlay – General Bushfire Hazard Area

The General Bushfire Hazard area has been applied to:

• grassland vegetation and areas located outside of crop production and areas suitable for Phalaris grass production
• areas that have an estimated fuel load pf 1.5 tonnes per hectare as they do not have the capacity to generate higher fuel loads (bushfires in grassland vegetation do not burn at the same level of intensity as forest fires – and so do not require the same level of suppression or generate the same level of radiant heat).

Proposed Policy:

• Bushfires in grassland vegetation and areas located outside of crop production do not burn at the same level of intensity or generate the same level of radiant heat as forest fires and therefore do not require the same level of suppression.
• The policies applied to General Bushfire Hazard Areas are less focussed on the protection of life and more concerned with protecting buildings from the threat of and dangers posed by radiant hear and ember attack.
• A Bushfire Attack Level of BAL-Low currently applies in General Bushfire Hazard Areas and development applications only have to meet minimal construction requirements to address the bushfire hazard and achieve a Certified BAL low certificate.
• The Code Amendment, however, is seeking to apply a designated Bushfire Attack Level of BAL12.5 in General Bushfire Hazard Areas, to provide additional protection from the impact of bushfire hazard, including ember attack. If approved the BAL requirements in General Bushfire Hazard Areas would be identical to the BAL requirements that currently apply in the Medium Bushfire Hazard Areas.
• Smaller General Bushfire Hazard Areas (less than 20 hectares) that directly adjoin a High Bushfire Hazard Area have been absorbed into the High Bushfire Hazard Area to ensure an appropriate level of protection is applied.

Hazards (Bushfire – Urban Interface) Overlay

The Hazards (Bushfire – Urban Interface) Overlay is applied to:

• the first 500 metres from the perimeter of the High, Medium and General Hazard Areas (where there is no adjacent hazard)
• urban areas of residential density and larger townships based on the Department for Environment and Water Datasets for SA Land Cover Models (Likely) 2010-2015 and the CFS Bushfire Safer Places layer
• ‘Extreme’ areas from the Bushfire Management Area Plan (BMAP) data, where the area has been identified as a CFS Bushfire Safer Place.

The proposed Hazards (Bushfire – Urban Interface) Overlay has been prepared using information from the Department for Environment and Water and CFS to provide a more accurate reflection of built-up urban areas and areas adjacent to a High Bushfire Hazard Area. The Hazards (Bushfire – Urban Interface) Overlay boundaries have been altered in some cases to capture the true extent of urban areas and townships.

Proposed Policy:

• The Hazards (Bushfire – Urban Interface) Overlay relates primarily to the provision of access through to bushfire hazard areas, protection of life and property from the threat of bushfire, dangers posed by ember attack and evacuation to areas that are safe from bushfire danger.
• Development applications for new houses, apartment buildings and other residential buildings such as boarding houses, dormitories, hostels, backpackers and workers quarters (Class 1, 2 and 3 buildings) that are located within the Hazards (Bushfire – Urban Interface) Overlay and 100 metres of a High Bushfire Hazard Area, require a site specific Bushfire Attack Level (BAL) assessment to be carried out in accordance with Australian Standard 3959 – Construction of buildings in bushfire prone areas (AS: 3959).
• Construction of Class 1, 2, and 3 buildings will need to include protection from ember attack and radiant heat and provide the minimum water supply and fittings based on the assessed BAL level.

Hazards (Bushfire – Outback) Overlay

Outback areas experience regular and large grassfires every few years. Fire suppression activities are generally not undertaken within large portions of the outback and when left unchecked, these fires can travel vast distances through large sections of the landscape. For this reason, vegetation mapping is not required and not been undertaken to support the application of this overlay.

This Hazards (Bushfire – Outback) Overlay is applied to:

• the state’s outback areas, which extends into unincorporated lands (i.e. outside of a Local Government jurisdiction) and other remote areas of the state. These areas are primarily comprised of small populations in remote and inaccessible areas that have sparse assets. Most of these areas are outside of CFS emergency service areas (greater than 50km from a CFS station/base) and therefore, have limited opportunity for CFS response in the event of a bushfire
• offshore islands that are considered large enough to accommodate development.

This Hazards (Bushfire – Outback) Overlay will remain largely unchanged; however, minor amendments have been made to capture the areas around the townships of Coober Pedy and Roxby Downs, where the Hazards (Bushfire – Regional Risk) Overlay currently applies.

A number of unincorporated areas are to be replaced by the proposed Hazards (Bushfire) Overlay where the new vegetation data and modelling has identified a specific hazard level. This includes areas near Renmark and Paringa and an area to the east of Wudinna.

Development within the Hazards (Bushfire – Outback) Overlay is not currently required to undertake a BAL assessment or build to any minimum BAL requirements.

The Code Amendment, however, is seeking to apply a designated Bushfire Attack Level of BAL12.5 to the Hazards (Bushfire – Outback) Overlay, to provide additional protection from the impact of bushfire hazard, including ember attack. If approved the BAL requirements in the Hazards (Bushfire – Outback) Overlay would be identical to the BAL requirements that currently apply in the Medium Bushfire Hazard Areas and are being proposed for the General Bushfire Hazard Areas. A BAL12.5 would require Class 1, 2 and 3 buildings to be provided with or have access to an onsite water supply that can be used by the occupants to minimise fire spreading to the building during a bushfire.

South Australia’s bushfire hazard mapping was last updated in 2012 and are now considered to be outdated. 

Given the advances in science and our understanding of bushfire behaviour, more contemporary vegetation data and a new mapping methodology has been used throughout the state, to prepare new bushfire hazard mapping that seeks to update the extent of all the proposed bushfire hazard overlays for the Code, including the new Hazards (Bushfire) Overlay and the associated bushfire hazard areas.

The new mapping incorporates evidence-based and improved spatial data that:

• incorporates the most recent vegetation extent data (2015) into the hazard modelling
• utilises more recent grassfire fuel modelling based on variation data from farm cropping, grazing, and potential grass fuel
• amends forest modelling to identify small scale geographic data to reflect more accurate bushfire hazards.

All South Australians can use the online map to review proposed bushfire hazard mapping and bushfire risk levels for their property and local area. The proposed mapping can be viewed at: plus.geodata.sa.gov.au/bushfire/index.html

The Department for Trade and Investment’s Planning and Land Use Services Division (PLUS) undertook a review of the bushfire hazard policies that currently appear within the Code, with the aim of improving the effectiveness of bushfire policies, improving assessment pathways and reducing repetition and complexity where appropriate.

PLUS undertook early engagement with key stakeholders, councils and government agencies regarding bushfire risk management and the current Bushfire Protection Areas (BPA) spatial mapping layer, with particular emphasis on outdated bushfire mapping and/or anomalies in the mapping applied. 

In response to the investigations undertaken and feedback received, the State-wide Bushfire Hazard Overlay Code Amendment will seek to introduce one Hazards (Bushfire) Overlay to replace the existing Hazards (Bushfire – High) Overlay, Hazards (Bushfire – Medium) Overlay and Hazards (Bushfire – General) Overlay. The Hazards (Bushfire – Regional) Overlay will also be removed because the bushfire hazard mapping has now been undertaken for these areas. 

The proposed bushfire hazard mapping will seek to define high, medium and general bushfire hazard areas to all land within the proposed Hazards (Bushfire) Overlay. The proposed bushfire hazard areas have been identified based on updated mapping information and the methodology adopted in preparation of hazard mapping for the Code Amendment.

The policy changes being proposed in the Code Amendment are contained within the Draft State-wide Bushfire Hazards Overlay Code Amendment. 

As a result of the draft Code Amendment, your property and/or area may be placed in a bushfire hazard overlay for the first time. Alternatively, if your property is currently located within a bushfire hazard overlay, it may be removed from the bushfire hazard overlays all together or change to a different overlay.

This may be due to a number of factors including more contemporary vegetation data and the updated bushfire mapping modelling and methodology that takes into consideration issues such as the impact of climate change and advances in science and understanding of bushfire behaviour.

In addition to this, the draft Code Amendment is looking to amend the policies that currently apply to development applications in bushfire prone areas and this may affect how development applications are assessed for your property.

We encourage all South Australians to view the online map to review proposed bushfire risk levels and how the new overlays may apply to their property and local area at: plus.geodata.sa.gov.au/bushfire/index.html

The bushfire hazard overlays define the level of bushfire hazard that applies to an area and the Planning and Design Code applies specific planning rules to development types, based on the hazard level.

The bushfire hazard overlays can affect the assessment pathway that is available for particular forms of development. The draft Code Amendment is seeking to introduce a Deemed-to-Satisfy pathway for particular classes of development that are located outside of the High Bushfire Hazard Area, including habitable buildings.

For a development to be Deemed-to-Satisfy, it must meet all criteria set out by the Planning and Design Code. These developments are fast-tracked through the assessment process and cannot be refused approval.

If your property is located within the Hazards (Bushfire) Overlay and High Bushfire Hazard Area, then there will be a need to refer most development applications to the CFS for expert assessment and direction.

The bushfire hazard policies in the Planning and Design Code are only applicable to development located in areas covered by one of the bushfire hazard overlays. 

If a development is proposed in an area that is not covered by a bushfire overlay the policies will not apply.

The draft Code Amendment has been informed by updated bushfire hazard mapping completed in 2022. 

The new mapping has then been refined by utilising new and improved evidence-based spatial data, including recent vegetation data from the Department for Environment and Water (SA Land Cover 2010-2015). 

The data was produced in collaboration with the Department for Environment and Water, the Arthur Rylah Institute for Environmental Research and Geoscience Australia, based on Landsat spectral bands and complex modelling. 

The bushfire hazard level is based primarily on the type and extent of vegetation that exists in an area and the amount of fuel load that could potentially be accumulated, based on the vegetation type and the size and density of that vegetation. 

Ministerial Building Standards (MBS) are published as part of the building rules under the Planning, Development and Infrastructure Act 2016. 

MBS 008 – designated bushfire prone areas additional requirements (MBS 008) relies on the different bushfire overlays in the Planning and Design Code to determine the BAL for that area or whether a BAL Assessment is required.

The BAL is used to determine the fire safety provisions required by the Building Code in designated bushfire prone areas for bushfire resistance of new houses, apartment buildings and other residential buildings such as boarding houses, dormitories, hostels, backpackers and workers quarters (Class 1, 2 and 3 buildings).

MBS-008 includes additional fire safety provisions that need to be applied based on the hazard level.

Draft amendments to the MBS are also being prepared to align with the proposed Code Amendment and recent updates to the National Construction Code. 

Community will be invited to provide their feedback on these proposed changes in early 2024.

A development application in an area covered by the Hazards (Bushfire) Overlay will be assessed against the overlay policies that apply to that land, based on whether the land’s bushfire hazard level is high, medium or general.

The overlay policies can affect the assessment pathway for specific development types and can also determine if a development requires a formal referral to the CFS for a BAL Assessment to be carried out in accordance with AS: 3959.

A Bushfire Attack Level of BAL12.5 is applied to all Class 1, 2 and 3 buildings that are located within the Hazards (Bushfire) Overlay - Medium Bushfire Hazard Area. The policies applied to development in these areas is primarily focused on the protection of buildings from the threat of bushfire and the dangers posed by radiant heat and ember attack.

A BAL Assessment will not be required for development in these areas and buildings would only have to meet the construction requirements in the Building Code and MBS-008, in order to address the bushfire hazard and obtain a Certified BAL-12.5 certificate.

A Bushfire Attack Level of BAL-Low is currently applied to all Class 1, 2 and 3 buildings that are located within the Hazards (Bushfire – General Risk) Overlay. The Code Amendment, however, is looking to introduce a designated BAL12.5 for the overlay. 

Consequently, a BAL Assessment would not be required for development in these areas and buildings would only have to meet the construction requirements in the Building Code and MBS-008, in order to address the bushfire hazard and obtain a Certified BAL-12.5 certificate.

A site-specific BAL Assessment would be required for most forms of development located within the Hazards (Bushfire) Overlay and High Bushfire Hazard Area. A referral to the CFS will also be required for particular classes of development, where the proposed development is located within a High Bushfire Hazard Area.

The Hazards (Bushfire – Urban Interface) Overlay policies relate primarily to providing access to bushfire hazard areas, the protection of life and property from the threat of bushfire, the dangers posed by ember attack and evacuation to areas that are safe from bushfire danger. 

Houses, apartment buildings and residential buildings such as boarding houses, dormitories, hostels, backpackers and workers quarters (Class 1, 2 and 3 buildings) within the Hazards (Bushfire – Urban Interface) Overlay and 100 metres of a High Bushfire Hazard area will require a Bushfire Attack Level (BAL) Assessment to be carried out in accordance with AS: 3959

The construction of Class 1, 2 and 3 buildings in these areas will need to include protection from ember attack and radiant heat and provide the minimum water supply and fittings required for the site based on the assessed BAL.

A Bushfire Attack Level of BAL-Low applies to all Class 1, 2 and 3 buildings that are located within the Hazards (Bushfire – Urban Interface) Overlay and more than 100 metres from a High Bushfire Hazard area. A BAL Assessment will not be required for development in these areas and buildings and will only have to meet minimal construction requirements in order to address bushfire hazard and obtain a Certified BAL-low certificate.

The Hazards (Bushfire – Outback) Overlay has been applied to outback areas, which are often remote and inaccessible, have small populations, sparse assets and provide limited opportunity for the CFS to respond to bushfires. 

In addition to the outback areas the Hazards (Bushfire – Outback) Overlay will be applied to offshore islands that are considered to be large enough to accommodate development. 

The policies within this overlay focus on the protection of buildings from the threat of bushfire and the need to provide safe and effective access during a bushfire.

The Code Amendment is seeking to designate BAL12.5 to the Hazards (Bushfire – Outback) Overlay, to provide additional protection from the impact of bushfire hazard, including ember attack. 

If approved, the BAL requirements in the Hazards (Bushfire – Outback) Overlay would be identical to the BAL requirements that currently apply in the Medium Bushfire Hazard Areas and are being proposed for the General Bushfire Hazard Areas. 

A BAL12.5 would require Class 1, 2 and 3 buildings to be provided with or have access to an onsite water supply that can be used by the occupants to minimise fire spreading to the building during a bushfire.

The draft Code Amendment will enable more effective assessment of developments in areas of potential bushfire hazard impacts and provide applicants with an increased level of certainty that their application will be approved. 

The draft Code Amendment is also proposing to introduce a more streamlined Deemed-to-Satisfy assessment pathway for particular classes of development, including habitable buildings, where they are located outside of the High Bushfire Hazard Area. 

To achieve this, applications would need to demonstrate that the proposed development will meet the minimum standards outlined in the specified Deemed-to-Satisfy policies in the Planning and Design Code, including in the relevant hazard overlay. 

Yes, for most development types it will be possible to obtain a Certified BAL Assessment prior to submitting a development application. 

The draft Code Amendment is also proposing to amend Schedule 8—Plans of the Planning, Development and Infrastructure (General) Regulations 2017, to require development applications seeking planning consent for new buildings or structures, or extensions to existing buildings, to include a site specific BAL assessment completed by the CFS or a person authorised by the CFS, when an application is lodged for planning consent in high bushfire risk areas.

In most cases habitable buildings will be required to provide a designated area that is able to accommodate a dedicated water supply in accordance with the following table:

There are many benefits to building in accordance with bushfire hazard policies, including increased community resilience, a better standard of construction and greater opportunities for dwellings and other buildings to withstand the impacts of bushfires. 

Building more bushfire resilient homes will help to:

• reduce the likelihood of damage to buildings and structures
• reduce the number of homes and other buildings lost to bushfire
• reduce the loss of life from bushfires
• improve community resilience to bushfire events and reduce the impact on emergency services
• reduce the social and financial cost of recovering from bushfires
• reduce the impact on the biodiversity and ecology. 

While enhancing the ability of dwellings to withstand the impact of bushfires cannot guarantee that a home will survive, it can reduce the risk of ignition and provide increased protection during a bushfire and a greater opportunity for people to defend their homes. 

In addition to this, buildings that are constructed in accordance with bushfire hazard policies are generally built to a higher standard, which increases the value of the property and reduces the maintenance costs compared to traditional buildings. 

Bushfire resilient homes are also generally more energy efficient than traditional homes and they are therefore more able to respond to the increasing impacts of climate change because they have better thermal performance and require less energy to heat and cool during extreme conditions such as heatwaves.

The Code Amendment is proposing to introduce the following definition for ‘at risk communities’ in the Planning and Design Code – Part 7 – Land Use Definitions:

The Code Amendment will seek to ensure that policies in the Code refer to ‘buildings for at risk communities’ rather than ‘buildings for vulnerable communities’. 

This change was requested by the Country Fire Service of South Australia (CFS) to ensure the policies in the Code align with the policies and guidelines used by the CFS.