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Retired NSW Fire Brigades fire investigator Ross Brogan, who is building a new home in Surf Beach, says those looking to build in Eurobodalla could face stricter guidelines following the Victorian bushfires.

Mr Brogan, who spent 38 years working for the NSWFB fire investigation unit in Sydney, spent many months and thousands of dollars extra to sort out a backyard easement legality issue for his new home.

He said he purchased his block of land three years ago at the new Surf Beach subdivision, which was approved by Eurobodalla Shire Council with land lots marked clearly.

Mr Brogan said 12 months later, when he was getting ready to build, a bank valuer went to council and was told it was not viable to build on that block of land.

He said the valuer was told there needed to be an 80-metre easement, which would mean there would be only 15 metres available to build on before hitting the front easement mark.

Mr Brogan said prior to the Canberra 2001/2002 bushfires, legislation required that a home in Eurobodalla have an 80-metre easement between it and bush areas.

He said that after the Canberra fires, new legislation wiped out that easement rule and gave authority to the NSW Rural Fire Service to approve, or not, building plans according to new guidelines.

The new legislation, Building in Bushfire Prone Areas, requires a specialist to conduct a bushfire risk assessment.

Land titles created before the legislation, which includes the need for an 80m easement, still required the big easement unless changed legally.

Mr Brogan had to spend thousands of dollars and four months getting the easement reduced.

He said he lodged the development application in May, but it took 18 weeks to be approved because a council environmental officer wanted to reduce the amount of native vegetation clearing required for the asset protection zone.