62Consideration of fire safety

#### 62 Consideration of fire safety 62 Consideration of fire safety > > (1) This section applies to the determination of a development application for a change of building use for an existing building if the applicant does not seek the rebuilding or alteration of the building. > > > (2) The consent authority must— > > > > > (a) consider whether the fire protection and structural capacity of the building will be appropriate to the building’s proposed use, and > > > > > (b) not grant consent to the change of building use unless the consent authority is satisfied that the building complies, or will, when the development is completed, comply, with the Category 1 fire safety provisions that are applicable to the building’s proposed use. > > > (3) Subsection (2)(b) does not apply to the extent to which an exemption from a provision of the Building Code of Australia or a fire safety standard is in force under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).