Auburn Central

Council is currently undertaking an extensive works program in the Auburn Central Complex to ensure the safety of its residents. This works program was undertaken after Council discovered major fire hazards and building defects.

This webpage provides an overview of the work that Council is undertaking to ensure the problems at Auburn Central are resolved,  includes links to the relevant Council Reports and a link to the Investigation Report into the Auburn Central Development by the Department of Local Government. Follow the links below to jump to the relevant section:

Council identifies fire hazards
Fire safety work to be undertaken by the owners
Rectification works by Auburn Council
Orders and Notices issued by Auburn Council
Non-compliance with Orders
Structural Reports
Current situation
Links to Council Reports and the 430 Investigation Report

Background
Auburn Central is a large residential and commercial complex right at the centre of Auburn on Queen Street. It consists of 427 residential units divided into six separate strata plans and a number of large retail outlets on ground floor level. The building was finished in 2004 to provide a new retail centre for Auburn as well as a large number of new apartments to house Auburn’s growing number of residents.  

Council identifies fire hazards and other problems at Auburn Central
During a routine inspection in December 2006/January 2007, Council’s fire safety officers and building inspectors found:  

• Fire hazards: Such as smoke alarms covered over, wedged open fire doors and other, in adequate fire fighting equipment. Anomalies in the fire safety systems
• Illegal building works: Over 50 to 60 two bedroom units have been illegally converted into six to eight bedroom units. 80 units in total are in breach of the building regulations act.

Following this initial discovery, Council officers and consultants carried out thorough inspections (day time and evening) at Auburn Central during the next 6 to 7 months to assess the full extent of the problems. Some of these inspections were undertaken with NSW fire brigade.

Fire safety work to be undertaken in the residential section

• Fire detection, sprinkler and ventilation system upgrade.
• Improved fire hydrant signage
• Provision of adequate fire fighting equipment
• Maintenance of existing fire doors and installation of fire doors instead of normal doors.
• Smoke alarm maintenance and the uncovering of covered –in smoke alarms
• Upgrade of general fire fighting services.

To rectify illegal building works Council has completed the following:

• A mail out to all occupants and owners advising them of the issues of fire safety and overcrowding.
• Letters have been sent to all local real estate agents, advising that illegal building works or not to be promoted.
• Poster campaign written in English and simple Chinese have been placed on all entry doors and lifts to highlight the dangers of overcrowding and of not maintaining smoke alarms.
• All 474 units have been inspected. Notices and Orders issued pursuant to Section 121 & B (Orders 1 & 2) of the Environmental Planning and Assessment Act, 1979 were issued and resulted in 98% compliance, these units have had the illegal works demolished and plumbing and electrical works reinstalled correctly.
• Legal action has commenced against 11 unit owners who failed to comply with council's directions to remove illegal building works.
• Two of Council’s building surveyors and compliance officers are continuing to respond to complaints and issues arising from Auburn Central. They are pursuing compliance with Council’s strict fire safety regulations and provide advice and support to occupants and the fire brigade. Council is dedicating these resources to Auburn Central, as the safety of the occupants is of primary concern to Council.

Orders and Notices issued by Auburn Council:

Orders issued- Fire Safety
To ensure that all breaches in fire safety and building regulations were rectified as soon as possible, Council issued 447 orders to the six Stratas of Auburn Central, which includes the ground floor shopping complex.  These orders state required outcomes and timelines. Council still had serious concerns for the safety of residents in the building and undertook further investigations. These were completed by August 2008 and as a consequence more detailed orders were issued to the owners. 

Orders issued – Illegal Building works

*Council prosecuted the owners of 6 units for failing to comply with orders pursuant to s121B of the EP&A act:

Non-compliance with orders
Unfortunately the owners of Auburn Central have not complied with the emergency orders for fire safety. This means that the breaches of fire safety regulations remain. Consequently Council had no option but to proceed through the courts to gain compliance. The owners of Auburn Central (Hiken Group PTY) have advised Auburn Council that they are appealing the orders.

Structural reports

Current situation

Council has negotiated an agreement with the owners – Hiken Pty Ltd to complete the audit of the existing fire services. This is the required outcome of the Orders issued by Council under the EP&A Act. The owners consultant commenced work on Monday 23 February 2009 on stage 1. This includes reinstatement of and repairs to doorways, exits, fire stairs etc.

The Stage 1 report of the audit of the Fire Services was received  and reviewed by Council. This report was discussed at a meeting with the owners representatives on Thursday 23 April 2009 and as a result a works plan has been agreed to. The Stage 2 report is currently being completed and will be received by Council shortly.The appeals were referred back to the Land and Environment Court on Tuesday 19 May 2009. Both parties suggested to the LEC registrar that the matter should be placed under the Court’s Case Management system. This was agreed to by the registrar and the matter was re-listed for the late June 2009.

Residential Strata’s{ excluding Block B}

The body corporate have appointed a new fire consultant.  He has completed a joint inspection with Council’s consultant. Subsequently  a fire services audit was carried out and a draft document lodged with Council. The draft document was reviewed by Council’s staff and its consultants followed by a meeting.The Audit document and agreed works program will be finalised shortly.

Structural Engineers Reports

Council commisioned structural engineers reports on the Auburn Central Buildings and following the information in these reports Council has issued orders for rectification. As a result, the owners have started the required works to address the issues raised in the reports.

Two of Council’s building surveyors and compliance officers are continuing to respond to complaints and issues arising from Auburn Central. They are pursuing compliance with Council’s strict fire safety regulations and provide advice and support to occupants and the fire brigade. Council sees the need to dedicate these resources to Auburn Central, as the safety of the occupants is of primary concern to Council.

Links to Council Reports and the Section 430 Investigation Report
This report details the findings of an investigation into Auburn Council, which was undertaken under section 430 of the Local Government Act 1993. The investigation was initiated because the Department of Local Government had concerns about the fire safety, planning and approval of the Auburn Central Development.

Section 430 Report - Investigation into the Auburn Central Development

Council reports: