Building compliance in Battery Energy Storage Systems

by | Sep 19, 2025 | Building industry technology

Battery Energy Storage Systems (BESS) are at the forefront of Australia’s energy transition, providing grid stability, peak load management, and support for renewable power generation. With both NSW and Victoria driving rapid deployment of large-scale storage projects, the commercial appetite for BESS development is strong. Yet while developers, utilities, and project managers are well-versed in the technical and financial aspects of storage, the building compliance dimension often receives less focus until it becomes a costly roadblock. Building Surveyors are central to navigating regulatory complexity. Their expertise ensures projects align with the NCC, Australian Standards, state-based regulations, and local government planning controls. Early and strategic engagement with Building Surveyors not only prevents compliance pitfalls but also secures faster approvals, reduces risks, and safeguards commercial outcomes. 

Current BESS development trends

  • New South Wales: utility-scale storage is accelerating, with projects tied to Renewable Energy Zones (REZs) and transmission augmentation. Planning frameworks are tightening as community concerns around fire safety and land use grow. The largest BESS development in the Southern Hemisphere is located in Eraring.
  • Victoria: with ambitious renewable energy targets and strong state investment, Victoria is home to some of the largest operational BESS projects. The Victorian Government’s planning schemes increasingly mandate clear demonstration of compliance pathways for energy infrastructure.
  • Market drivers: both States are influenced by network security needs, falling battery costs, and federal capacity investments. This growth brings intensified scrutiny of fire risk, environmental impacts, and structural resilience, all areas requiring Building Surveyor oversight.

The regulatory framework

The compliance environment for BESS development spans national, state, and local jurisdictions, creating a layered and often complex approval process. 

National Construction Code: 

  • Fire safety provisions, including compartmentation, access/egress, and detection/suppression systems. 
  • Structural requirements under AS 1170 for managing heavy, containerised battery loads. 
  • Electrical integration requirements aligned with AS/NZS 3000 and AS/NZS 5139. 

Key Australian Standards: 

  • AS/NZS 5139: Electrical installations for battery systems. 
  • AS 1170 series: Structural design actions. 
  • AS 2419 and AS 2118: Fire hydrant and sprinkler systems for large-scale installations. 
  • AS 3959: Bushfire construction requirements (planning for bushfire protection).

State-specific requirements: 

  • NSW: Approvals under the Environmental Planning and Assessment Act 1979; SafeWork NSW oversight of electrical safety; additional fire safety certification. 
  • Victoria: Planning approvals via the Victorian Planning Provisions; compliance with the Electrical Safety Act 1998 (administered by Energy Safe Victoria); building permits under the Building Act 1993, requiring certification by building surveyors. 

Local government overlays: 

  • Conditions can include noise restrictions, setback requirements, heritage considerations, and requests for independent fire engineering reports. 

This fragmented framework means that compliance is not a single approval but a coordinated process across multiple regulators, a task where Building Surveyors act as the central coordinator. 

Compliance challenges in BESS projects 

While the technical case for BESS is strong, several compliance hurdles frequently create project delays or unplanned costs: 

  • Fire risk management: thermal runaway concerns can necessitate complex fire engineering solutions. 
  • Structural loads: containerised or modular systems can impose unusual point loads requiring structural certification. 
  • Integration with existing infrastructure: retrofitting BESS into substations or brownfield sites may create non-standard compliance pathways. 
  • Multi-layered approvals: overlaps between planning, electrical, and building regulations can delay projects without Building Surveyor coordination. 
  • Stakeholder engagement: private entities, local government, energy providers require a structured engagement process

The role of Building Surveyors

Building Surveyors provide the thread that ties these obligations together. During the design phase, they identify the applicable NCC classifications, determine the performance requirements for fire and structural systems, and anticipate where performance solutions may be required. BESS projects also require a detailed assessment and interpretation of Development Approval conditions, in which a Building surveyor is legislatively required to ensure they are complied with. As projects progress into approval, they certify compliance documentation, coordinate with fire engineers and electrical specialists, and prepare submissions to council or state regulators. 

Once construction is underway, they conduct inspections to ensure built outcomes align with approvals, flagging issues before they become costly reworks. They are also integral to final occupancy and commissioning, ensuring all compliance certificates are in place for operation. Importantly, their oversight provides developers and utilities with risk assurance, protecting investments from delays, redesigns, and regulatory setbacks. 

So, Building Surveyors act as the compliance integrators across the project lifecycle: 

  • Design Phase: identify applicable NCC classifications, structural and fire performance requirements. 
  • Approval Phase: certify compliance documentation, coordinate with fire engineers, and prepare building approval submissions. 
  • Construction Phase: conduct inspections, ensure conformity with approved designs, and certify occupation readiness. 
  • Risk Management: detect compliance gaps early, avoiding redesigns or retrofit costs. 

Practical compliance strategies

The most effective compliance strategy begins with early engagement. Involving a Building Surveyor during feasibility allows the project team to map all compliance obligations before design commitments are made. Building Surveyors also add value through integrated design reviews, working alongside electrical engineers, fire consultants, and planning specialists to ensure designs are compliant from the outset. This often involves engagement with multiple stakeholders and authorities. 

Where prescriptive standards prove impractical, they can approve performance-based solutions, such as alternative fire suppression systems or innovative enclosure designs, that still satisfy regulatory requirements. Robust documentation management, verified by Building Surveyors, helps streamline the council and state approval process, ensuring decision makers have confidence in the project’s safety and compliance credentials. 

Future regulatory considerations

The regulatory landscape is far from static. For project sponsors, insurers, and financiers, certification is increasingly becoming a prerequisite for insurance coverage and warranty validity. This trend underscores the growing importance of surveyors not just as compliance officers, but as enablers of finance and risk assurance. 

  • NCC 2025 updates: expected changes may introduce more prescriptive requirements for energy storage installations. 
  • Fire Standards evolution: with increasing BESS incidents globally, Australian Standards are likely to tighten around fire performance and emergency response. 
  • Sustainability and ESG: compliance will extend beyond safety into environmental and lifecycle performance reporting. 
  • Insurance and warranties: insurers increasingly require Building Surveyor certification as a condition for coverage of high-capacity storage projects. 

Business and project management implications

For developers and utilities, the commercial case for engaging Building Surveyors early is compelling. Proactive compliance planning saves both time and cost by avoiding redesigns, delays, and disputes. Risk mitigation delivered by a building compliance professional provides a safeguard against regulatory setbacks, protecting project investment and delivery schedules. Their involvement also builds confidence with stakeholders, from financiers to local communities, that the project is not only technically sound but also demonstrably safe and compliant. 

Finally, the long-term benefits are just as significant; certified compliance supports smoother asset management, warranty claims, and even resale, embedding value across the lifecycle of the project. 

Conclusion 

BESS projects in NSW and Victoria face an intricate compliance environment shaped by the NCC, Australian Standards, State laws, and council planning schemes. Building Surveyors are uniquely positioned to integrate these requirements, bridging the technical and regulatory worlds. 

For power utilities, developers, and project managers, engaging a qualified Building Surveyor early in the project lifecycle is not just about meeting minimum regulatory thresholds, it is about securing timely approvals, minimising risk, and protecting commercial outcomes. In the competitive and fast-evolving BESS sector, they are not an optional extra but a critical partner in successful project delivery. 

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