Blackash was engaged to prepare a bushfire protection assessment for a non-habitable shed on the Hawkesbury River. While the shed did not have any sleeping areas or kitchen, Council issued orders requiring the lodgement of a building certificate.

The Building Code of Australia (BCA) identifies Classes of buildings. A non-habitable structure is categorised as a Class 10. The NSW Rural Fire Service Planning for Bushfire Prone Areas 2006 (PBP) requires that non-habitable structures such as sheds meet the aim and objective of PBP. PBP provides for safer outcomes for these existing types of development, rather than simply meeting prescriptive requirements.

Class 10 buildings such as sheds and non-habitable structures should be located greater than 10 metres from a building of another class unless they also comply with the relevant construction requirement of the main building under AS 3959 – 1999 and the BCA.