Performance-based design brief

Amendments to the Fire and Rescue NSW Regulation 2023, including changes to fee structure and prices, come into effect from 1 February 2026. Under these regulations, an upfront assessment fee must be paid prior to submitting a fire safety application or request.

To facilitate the processing of the assessment fee ahead of the application, and not cause delay to your application timeframes, please commence the payment process four working days before the application is to be lodged. Applications will not be processed unless the assessment fee has been paid in full.

Visit Pay upfront fee for further information.

Infrastructure

A performance-based design brief (PBDB) is a document that is developed in collaboration with key stakeholders as part of a proposed performance-based design and approval process. When completed, the PBDB becomes the platform upon which the proposed design is constructed.

An accredited practitioner (fire safety) who is engaged to develop a performance solution for proposed development is advised to engage FRNSW as a key stakeholder in the performance-based design brief (PBDB) process.

Where the development is classified as State significant infrastructure (or development associated with State significant infrastructure), Crown building works, or is a private hospital or a private school, the Fire Safety Infrastructure Unit is responsible for this engagement.

Overview of service

An applicant is required to consult with Fire and Rescue NSW (FRNSW) as a stakeholder in the performance-based design brief (PBDB) for a proposed performance solution relating to a fire safety requirement for proposed building work that will be subject to a:

  • construction certificate, under section 26 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, or
  • complying development certificate, under section 137(3)(b)(i) of the Environmental Planning and Assessment Regulation 2021, or
  • compliance with A2G2(4)(a) of the Building Code of Australia, where the certifier determines that FRNSW is a relevant stakeholder in accordance with section 2.2.2 of the Australian Fire Engineering Guidelines, or
  • condition of consent requiring compliance with any part of the Act or its regulations, or the Building Code of Australia, under section 5.19(3) of the Environmental Planning and Assessment Act 1979 for development declared to be State significant infrastructure, or
  • condition of consent requiring compliance with the Building Code of Australia, under section 6.28(2) of the Environmental Planning and Assessment Act 1979 for development declared to be Crown building works.

FRNSW will assess the application for consultation and will notify the building owner and applicant within 10 working days whether consultation will be provided or not.

If consultation is being provided, FRNSW will provide written comments on the PBDB to the building owner and applicant within 20 working days.

Note: Where the PBDB relates to State significant infrastructure and Crown building works, these legislative timeframes do not apply. FRNSW will liaise with the applicant regarding expected timeframes.

An optional telephone meeting to discuss advice given may be provided at the discretion of FRNSW.

Note: The building owner should not proceed with the proposed performance-based design until the prescribed notification or consultation period, as relevant, has elapsed.

  1. Initial
    Brief
  2. Business day 0
    Request
  3. Business day 10
    Notice
  4. Business day 20
    Comments
  5. After
    Consider, then implement or revise
Charges for service

The following charges apply to the provision of this service:

  • Assessment of application for PBDB consultation — $1,000
  • Provision of PBDB consultation — $1,395

Note: The charge for assessing the application will apply to each complete application that is received, irrespective of whether consultation is provided or not.

For a full description of the charges applicable including terms, payment options, and applying for a waiver or reduction of the charges, please refer to the fees and charges page.

Application process

From Monday 2 February, all applications and requests submitted to Fire Safety require the prescribed assessment fee to be paid in advance.

To facilitate the processing of the assessment fee ahead of the application, and not cause delay to your application timeframes, please commence the payment process four (4) working days before the application is to be lodged.

To request an assessment fee invoice prior to submission—regardless of whether you have an existing FRNSW SAP customer number—visit Pay upfront fee. Payment instructions will be provided with the issued invoice.

The ‘Agreement’ section of the form requires you to enter the payee’s SAP customer number and assessment fee invoice number.

Applications and requests will only be processed once these details have been provided and the assessment fee has been paid in full.

To apply for PBDB consultation, the following must be completed and submitted to firesafety@fire.nsw.gov.au:

  1. Performance-based design brief (PBDB) consultation form
  2. CFD/zone modelling inputs form (if applicable)
  3. A copy of relevant proposed plans and specifications (including relevant site, floor and elevation plans, relevant schematic diagrams of hydraulic fire safety systems, recent statement of available pressure and flow (or equivalent) from water network utility operator)
  4. A BCA report or letter from an accredited certifier identifying non-compliances (if available).

Note: The application must include all relevant information necessary for the consultation. If any attachment exceeds 35 MB, please request a FRNSW SharePoint folder for uploading any large files.

Useful information

Position statements

The following position statements apply to the PBDB consultation process:

Note: The applicant should refer to all FRNSW position statements and determine how they may apply to the subject of any proposed performance-based design.

Further information on process