Part 15 of this document requires that owners of all buildings (excluding Class 1a & 10 as defined in the Building Code of Australia BCA Volume 1) have a responsibility of ensuring the safety equipment’s, safety fittings and safety measures (known as “essential safety measures”) as listed under Schule 8 of the Building Regulations 2018 and are maintained in a state that enables them to fulfil their purpose.

To verify that each safety measure is operating at the required level the Regulations require the owner prepare a document that is called an “annual essential safety measures report” as required under Regulation 223.

This document lists each essential safety measure that is installed within the building, who has been maintaining each essential safety measure for the past 12 months and this document is to be accompanied by any maintenance and inspection records provided by the maintenance contractors. 

It essentially proves that you as the owner or agent have taken all reasonable steps in insuring that each essential safety measure is operating at the required level of performance to fulfil its purpose. 

This document is to be issued on an annual basis in accordance with regulation 223 of the Building Regulations 2018.

Where a building has been constructed or has undertaken major alterations after 1 July 1994, there has always been the requirement for the issuing of this document as required by Part 11 of the Building Regulations 1994.

However, the Building Regulations 1994 has since been superseded and replaced with the Building Regulations 2018. The importance of ensuring that fire and life safety fittings within all building has been recognised and as such Part 15 of this document stipulates that all buildings regardless of the time of construction must prepare an annual essential safety measures report.        

The 2018 Regulations recognise time to adjust is required and as such they have allowed within 28 days before 13 June 2018 and each anniversary of that date. However, this date has since come and gone, non-compliance with these Regulations may result in heavy fines.

The Municipal Building Surveyor or chief officer of the relevant Fire Brigade is responsible for the enforcement of these Regulations.

Non-compliance may result in an infringement notice issued by Council or the Fire Brigade up to $1000 and furthermore, non-compliance may result in prosecution in which a fine may be imposed of  $10,000 for an individual or $50,000 for companies for each breach of the Regulations.

As mentioned previously all buildings within Victoria are required to be provided with an annual essential safety measures report, excluding Class 1a & 10 buildings.

The Class of a particular buildings or group of buildings are identified within a document refer to as a “certificate of occupancy permit” or “certificates of final inspection”. All occupancy permits/certificates of final issued in Victoria are provided with the classification of the building or building to which it is applicable to.  

Where a building has been constructed or has undertaken major renovation or alterations after 1 July 1994 a “certificate of occupancy permit” or “certificate of final inspection” issued by the relevant building surveyor under Part 5 Section 45 Building Act 1993 will be subject to conditions of occupancy which include a list of maintenance requirements of the relevant essential safety measures.

i.e.  A list of essential safety measures with the level of performance, frequency of inspection and the type of maintenance required must be attached as an appendix to the occupancy permit. 

Occupancy permits issued prior to this date did not require a list of essential safety measures be included as a condition of occupancy, this requirement was first introduced with the Building Act 1993.

A schedule of essential safety measures and the maintenance requirements that relate to each may be prepared. A registered Building Surveyor on the application the building owner may be engaged to create a “maintenance schedule” under Regulations 219 of the Building Regulations 2018.  

As a condition of the occupancy permit this document must be displayed in a prominent position within the building as approved by the Relevant Building Surveyor.

Where the certificate has been misplaced, contact the Local Council and request a search as Councils are required to keep copies of such documents. Where Council cannot provide, engage a registered Building Surveyor to issue your building with a Maintenance Schedule.