New South Wales Fire Safety Regulations FAQs

Part 12 of the Regulations requires that the owner of any building (excluding Class 1a & 10 as defined in the BCA Volume 1) a responsibility of ensuring the safety equipment, safety fittings and safety measures known as “statutory fire safety measures” are maintained in a state that enables them to fulfill their purpose.

The building owner or their agent must ensure a qualified practitioner registered as Fire Safety Assessor and accredited in the relevant safety measures that they are assessing, is engaged to assess each installed essential fire safety measure for compliance against the performance standards and complete a Part 15 inspection. This must be done within three months before the due date of the Annual Fire Safety Statement. Once this is completed the statement can be lodged by the owner or agent with the relevant Local Government Area in which the building is located and the Commissioner of Fire and Rescue NSW (FRNSW) via email [email protected]

Note: Annual fire safety statement was formally known as “form 15A” under the 1994 Regulations and previous to that known as “form 7” under Ordinance 70.

Every year the owner of a building must engage a fire safety assessor to inspect the building and certify that each of the measures listed in the most recent fire safety schedule are still installed in the building or the land, and that they remain capable of operating to the standard listed in the schedule. There is a further requirement what are known as supplementary fire safety statement.

A supplementary fire safety statement is a declaration by or on behalf of a building owner that a CFSP has assessed, inspected and verified the performance of each existing critical fire measure that applies to the building. The intervals when supplementary fire safety statements must be issued for each critical fire safety measure is listed in the fire safety schedule.

Once each fire safety measures are inspected and found to be operating to a standard no less than that specified in the schedule, an annual fire safety statement is to be prepared annually. Then a copy accompanied by the most recent schedule must be lodged by the owner or agent with the relevant Local Council in which the building is located and to the Commissioner of Fire and Rescue NSW (FRNSW). Then a copy along with the schedule must be prominently displayed within the building, replacing the previous year’s statement.

The assessment and inspection of the building and each essential fire safety measure must be carried out within a 3 month period prior to the date on which the statement is issued. 

On the issuing of either a complying development certificate, construction certificate, development consent or a fire safety order for a Class 2 to 9 building the person doing so must issue a fire safety schedule.

A fire safety schedule (FSS) plays a key role in ensuring that a building’s fire safety. This document specifies the essential fire safety measures (both current and proposed) that should be implemented in the building premises and specifies the minimum standard of performance for each of those measures.

To confirm that each measure has been implemented in the building premise an interim or final fire safety certificate is to be prepared by the owner.

Note: An earlier fire safety schedule that is in existence is superseded by the later schedule and ceases to have effect when the later fire safety schedule is issued.

The issuing of a fire safety schedule is to be followed up with an issuing of a fire safety certificate (formally known as a form 6 or form 15 certificates) so that a final occupation certificate can be granted for the building premise or in response to a fire safety order issue by Council.

The requirement for the issue of these documents came into effect with the introduction of Ordinance 70 published in July 1988. Buildings built before 1st July 1988 and that have not had a change in classification, additions/alterations or a fire safety orders issued since, would not have been subject to a fire safety schedule and a subsequent form 7 (i.e. annual fire safety statement).

However, it is recommended that a fire safety schedule be sought by the building owner so that a fire safety statement can be issued, as the owner has a responsibility to ensure that occupants of buildings are not put in unnecessary risks. The maintenance of essential fire safety measures on a regular basis ensures this. 

Failure to comply with these requirements is an offence under the Environmental Planning and Assessment Act 1979 a can incur a penalty for each week beyond the expiry of that time for which failure continues. Councils also have powers to serve a fire safety order where they deem necessary.

More importantly not ensuring the regular maintenance of essential fire safety measures and compliance with the regulatory requirements can significantly affect the levels of safety of occupants of the building and have significant liability implications for the owners.  

How can EBC-Group help me as the building owner or agent?

This will ensure the maintenance of all Fire Safety Measures are maintained by appropriately qualified personal ensure the risk, health and safety is minimised ensuring all stakeholders are protected.

In NSW, the building owner is responsible for ensuring the Annual Fire Safety Statement is prepared, issued and lodged by the required due date. In practice, this may be managed by the owner’s agent, strata manager, facilities manager or building manager, but the legal responsibility remains with the owner.

The completed Annual Fire Safety Statement must be lodged with the relevant local council and Fire and Rescue NSW, and a copy must also be displayed prominently within the building. The statement must be accompanied by the current fire safety schedule, which identifies the essential fire safety measures that apply to the building and the performance standard each measure must meet.

An Annual Fire Safety Statement is issued once each year and covers the essential fire safety measures listed on the building’s fire safety schedule. It confirms that an accredited practitioner (fire safety) has inspected, assessed and verified that each measure is capable of performing to the required standard, and that the building’s exit systems comply with the Regulation.

A Supplementary Fire Safety Statement applies only where the fire safety schedule identifies one or more critical fire safety measures. These statements are issued at more frequent intervals, as specified in the fire safety schedule. In simple terms, the annual statement covers the building’s required fire safety measures each year, while supplementary statements provide more regular verification for critical measures that need closer monitoring.

If an Annual Fire Safety Statement is not lodged by the due date, the building owner may face penalty notices, enforcement action and ongoing compliance scrutiny from the local council. Penalties can apply for each week the statement remains outstanding, and receiving a fine doesn’t remove the obligation to lodge the statement.

A missed AFSS due date can also create broader issues, including increased liability exposure, insurance complications, difficulty responding to council enquiries and greater risk if a fire safety measure hasn’t been properly maintained. If your AFSS is overdue, the best approach is to act quickly: confirm the current fire safety schedule, engage appropriately accredited practitioners, complete the required inspections, address any defects and lodge the statement as soon as possible.

Most NSW commercial, industrial, retail, strata and multi-residential buildings that have essential fire safety measures listed on a fire safety schedule will require an Annual Fire Safety Statement. The obligation generally applies to buildings other than Class 1A and Class 10 buildings, as defined under the Building Code of Australia.

Whether a specific building requires an AFSS will depend on its classification, approval history, fire safety schedule, occupation certificate, development consent, construction certificate, complying development certificate or any fire safety order that applies. Older buildings may not always have a clear fire safety schedule, particularly where they were built before the modern fire safety certification framework. In these cases, owners should seek advice to clarify the building’s requirements and ensure fire safety measures are still being maintained appropriately.

Before preparing an Annual Fire Safety Statement in NSW, the key document is the current fire safety schedule. This schedule lists each essential fire safety measure installed in the building and the performance standard that applies to it. Without a current and accurate schedule, it can be difficult to confirm what must be inspected, assessed and certified.

Other useful documents include the previous Annual Fire Safety Statement, any Supplementary Fire Safety Statements, fire safety certificates, occupation certificates, development approvals, construction certificates, complying development certificates, fire safety orders, contractor service records, defect reports, maintenance logs, block plans and any relevant as-built drawings. These records help confirm the building’s compliance history and support a more accurate AFSS process.

Fire safety measures for an Annual Fire Safety Statement in NSW must be inspected, assessed and verified by an appropriately accredited practitioner (fire safety), where that function is covered by an approved accreditation scheme. The practitioner must be accredited for the specific fire safety measures they’re assessing, as different systems require different competencies.

This may include measures such as fire detection and alarm systems, sprinkler systems, hydrants, hose reels, emergency lighting, exit signage, smoke control systems, fire doors, passive fire protection and paths of travel. Building owners and agents should ensure that the practitioners engaged are suitably accredited for the relevant measures and that supporting documentation is retained for audit and lodgement purposes.

Yes, EBC Group can assist where building records are incomplete, inconsistent or difficult to interpret. This is common in older buildings, buildings with multiple owners or agents over time, properties that have undergone refurbishments, and sites where historic fire safety documentation hasn’t been maintained properly.

Our team can review available records, identify missing or outdated documents, compare installed fire safety measures against the available fire safety schedule, liaise with councils or contractors where required, and help establish a clearer compliance pathway. Where gaps are identified, we provide practical recommendations so owners and managers can move from uncertainty to a documented, manageable compliance position.

Yes, EBC Group can support owners, strata managers, facility managers and portfolio managers with AFSS compliance across multiple NSW buildings. Managing several properties can be challenging, particularly where each site has different fire safety schedules, due dates, contractors, building classifications and council requirements.

We help streamline this process by tracking AFSS due dates, coordinating inspections, reviewing documentation, managing contractor inputs, identifying defects, supporting lodgement requirements and maintaining clear compliance records across the portfolio. This gives owners and agents a more consistent approach to fire safety compliance and reduces the risk of missed deadlines or incomplete submissions.

Yes. Separate to AFSS obligations, NSW workplaces must have an emergency plan under work health and safety requirements. The emergency plan should provide clear procedures for responding to emergencies, evacuating occupants, notifying emergency services, providing medical treatment and assistance, and communicating with workers and other people at the workplace.

For building owners, occupiers and employers, this means fire safety compliance shouldn’t stop at the Annual Fire Safety Statement. A complete approach should also include emergency planning, evacuation diagrams, staff training, warden arrangements, emergency response procedures and regular review of the plan to ensure it remains suitable for the workplace, building layout, hazards and occupants.