Awning safety program

Council is undertaking an awning safety audit of all awnings and other structures that overhang Council's footpaths.

The audit involves writing to every property and making them aware of the audit and the necessary steps that building owners will need to complete to ensure that these structures are not a safety risk.

Simply, building owners will be required to obtain certification from an engineer confirming that the building is safe. Where the engineer identifies work that is required to be carried out, Council will require that work to be completed and have the engineer certify that works have been satisfactorily completed.

The awning safety program follows the receipt of NSW Department of Planning and Environment circulars regarding awning safety in response to deaths in Bathurst and Balgowlah as a result of unsafe awnings collapsing.

Inner West Council has approximately 2,500 shop awnings as well as other major structures that overhang a road or public footpath. Most of these structures were built in the early part of the 19th century, hence regular inspection and maintenance is vital.

Council expects business owners to take positive and prompt action to ensure their buildings and the public remain safe. Staff will provide necessary advice and assistance to facilitate this process, especially where repair works are necessary.

Where necessary, if building owners do not complete necessary works, heavy fines and legal action will apply.

If you have any questions you can phone 02 9392 5428 or email awningsafety@innerwest.nsw.gov.au

What do I have to do?

Council will contact every building owner in writing. Most buildings will require the following sample information to be submitted to Council.

Engage a National Engineering Register (NER) registered structural engineer to inspect the awning or balcony and structures required for its support and provide a written report detailing:
The structural integrity of the awning, balcony and building elements required to support these structures.
The adequacy of the awning stormwater drainage system.
The date of the inspection.
Confirmation that you have considered information contained within Practice Note No. 18: Inspection and Assessment of Existing Tied Awnings, dated July 2008.
Provide certification that the awning, balcony and building elements required to support the structures are structurally sound, fit for purpose and are adequate for the next five year period.
If repair works are required, a schedule of proposed works is to be provided to Council prior to any works taking place.
A copy of the report is to be provided to Council within two months of the date of this letter.

Questions and answers

Why am I being asked to obtain engineering certification for my awning/structure?

On the advice of the Department of Planning and Environment, Council is undertaking an assessment of the number, nature, age, condition and location of these structures. Council has a responsibility to ensure that the public are not at risk of death or injury.

What issues will Council require to be checked and certified?

Generally Council will require your engineer to certify the structural adequacy of the awning for the next five years, certify that the stormwater system is working satisfactorily, and ensure that your engineer has considered information prepared by the Association of Consulting Structural Engineers. There may be other matters specific to individual properties and these will be identified by Council to assist owners and their consultants as required, e.g. other parts of the front of the building may be damaged or require repairs.

Where can I find a suitably qualified engineer to advise me?

Professional bodies representing the engineering profession (such as Engineers Australia) or general internet searches may be helpful for locating suitably qualified and experienced persons to assist you.

Where can I find a company that can repair or install awnings?

An internet search for "shop awnings Sydney" will reveal a number of businesses. Don't forget to ensure that you only use qualified, licenced and insured companies to maximise your consumer rights and ensure the work is of an appropriate standard.

Do I need any approvals to carry out repairs or rebuild my awning?

Generally only minor work and repairs may be able to be carried out as exempt or complying development. As many shops are also heritage affected, it is strongly recommended that you contact Council with details of proposed works to check whether development approvals are needed.

If your contractors need to block the road or footpath or dig up the footpath or road for drainage works, you will need to apply for approval from Council by submitting a road opening permit application form:

Do I need Council approval to work on the footpath and how do I get it?

If your contractors need to block or occupy a road, footpath or car park, or construct hoarding, scaffolding or temporary fencing, you will need to apply for a permit and licence from Council:

Are there any special requirements for a property in a heritage conservation area or an item of environment heritage?

Yes, there are special requirements for heritage affected properties. If necessary works have been identified by the supervising engineer full details of the proposed works need to be submitted to council prior to proceeding with the work. This is to ensure that the work does not breach any heritage controls and if it complies with Council requirements in regards to awning safety.

What are the fines or penalties for not complying with Council's order?

Council can take action in this regard under different legislation depending on the specific circumstances. Failure to comply with an order under the Environmental Planning and Assessment Act can result in a fine of $3,000 for an individual and $6,000 for a company. If matters remain unresolved legal action may be required.

Does the awning need to have public liability insurance?

Council strongly recommends owners of a structure which overhangs a public footway, road, reserve or space hold appropriate insurance cover to the value of $20 million and nominate Inner West Council as an interested party on the policy.