FAQ
Victoria Building Act & Building Regulations FAQs
Essential safety measures obligations in Victoria FAQs
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.
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However, the Building Regulations 1994 has since been superseded and replaced with the Building Regulations 2018.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.
In Victoria, the building owner is generally responsible for ensuring that essential safety measures are maintained, inspected and documented in accordance with the Building Act 1993, Building Regulations 2018 and any applicable occupancy permit, maintenance schedule or maintenance determination.
In practical terms, this responsibility may be managed by an owners corporation manager, building manager, facilities manager, managing agent or contractor. However, the owner remains responsible for ensuring the correct systems are maintained, accurate records are kept, defects are addressed and the Annual Essential Safety Measures Report is prepared each year.
Essential safety measures may include fire detection and alarm systems, sprinklers, hydrants, hose reels, fire doors, emergency lighting, exit signs, paths of travel, smoke control systems, mechanical services and other fire and life safety measures required for the building.
Yes. In Victoria, essential safety measures records must be available for inspection when requested by the relevant authority (this may include the municipal building surveyor or chief officer, depending on the circumstances). Building owners should ensure that AESMRs, maintenance records, inspection reports, defect records and supporting documentation are organised, current and readily accessible. If records are incomplete or difficult to locate, this can create unnecessary risk during a council review, audit or compliance enquiry. A well-managed ESM system ensures that records can be produced promptly and that the building owner can demonstrate a clear, ongoing approach to compliance.
Annual Essential Safety Measures Report (AESMR) FAQs
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.
An Annual Essential Safety Measures Report must be prepared each year for buildings in Victoria where essential safety measures are required. The timing is generally linked to the relevant anniversary date for the building, such as the anniversary of the occupancy permit or maintenance determination.
The AESMR must be prepared within the required annual reporting period and should be supported by evidence that each essential safety measure has been inspected, tested and maintained during the previous 12 months.
Because timing can vary depending on the building’s documentation and approval history, owners should confirm the relevant anniversary date and maintain a clear compliance calendar. This helps ensure contractor inspections, defect rectification, record reviews and AESMR preparation are completed before the reporting deadline.
To prepare an Annual Essential Safety Measures Report, the key starting point is the document that identifies the essential safety measures required for the building. This may be an occupancy permit, maintenance schedule, maintenance determination or consolidated maintenance schedule.
Supporting documents may include contractor service records, inspection reports, testing records, defect reports, repair records, maintenance logs, prior AESMRs, approved plans, building permits, certificates of final inspection, fire engineering reports, council correspondence and any documentation relating to building notices, orders or rectification works.
The purpose of these records is to confirm what measures apply, what standard they must be maintained to, whether the required maintenance has been completed, and whether any defects or outstanding actions remain. Accurate documentation is essential to preparing a reliable AESMR.
Yes, building owners should keep past Annual Essential Safety Measures Reports and the supporting inspection, testing and maintenance records. These records provide evidence that the building’s essential safety measures have been maintained over time.
Keeping clear historical records also makes it easier to respond to council requests, fire authority enquiries, insurance reviews, building audits, property transactions, contractor changes and future AESMR preparation.
Poor record keeping can create significant compliance risk. If past AESMRs, service records or defect reports are missing, EBC Group can assist by reviewing the available documentation, identifying gaps and helping establish a more reliable record management process going forward.
Occupancy permits and building classification FAQs
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.
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.
This is when things a little complicated, to eliminate the complication we suggest a registered Building Surveyor be engaged to issue your building with a consolidated Maintenance Schedule.
Under Regulation 219 of the Building Regulations 2018 a Municipal or private Building Surveyor may on the application the building owner be engaged to create a consolidated list of essential safety measures and the maintenance requirements relating to those essential safety measures.
If an occupancy permit doesn’t list essential safety measures, it doesn’t automatically mean that the building has no ongoing fire safety obligations. Some older permits may be incomplete, unclear or issued before current documentation practices were introduced. In other cases, essential safety measures may be identified in approved plans, maintenance schedules, building surveyor records, council records or later determinations.
The first step is to review the available building documentation and confirm the building’s age, classification, approval history, installed systems and any subsequent alterations. Where the applicable requirements remain unclear, it may be necessary to seek further advice, request records from council or the relevant building surveyor, or establish a maintenance determination or consolidated maintenance schedule.
EBC Group can assist by reviewing the available records, inspecting the building’s fire and life safety systems, identifying likely essential safety measures and helping owners move toward a clearer, documented compliance position.
Fire safety compliance and older buildings FAQs
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.
We assist building owners and agents in achieving compliance with the complex and ever-changing essential safety measures legislation in the State of Victoria by issuing the Annual Essential Safety Measures Report.
This will ensure the maintenance of all Essential Safety Measures are maintained by appropriately qualified personal ensure the risk, health and safety is minimised ensuring all stakeholders are protected.
Note: Where the annual essential safety measures report along with record of maintenance checks and any service or repair work carried out to any safety installation are requested by the Municipal Building Surveyor or Chief Officer it must be made available at the building within 24 hours’ notice as required by regulation 225 of the Building Regulations 2018.
In Victoria, the documentation required will depend on the type of building, the stage of works and the compliance matter being addressed. For new building work, fire and life safety requirements are generally addressed through the building permit, occupancy permit or certificate of final inspection process.
For existing buildings, the key annual compliance document is usually the Annual Essential Safety Measures Report. This report confirms that the essential safety measures required for the building have been maintained during the previous 12 months and are supported by appropriate inspection, testing and maintenance records.
If a council, municipal building surveyor, fire authority, insurer or other stakeholder requests evidence of compliance, building owners should be able to provide the relevant occupancy permit, maintenance schedule, AESMR, contractor service records, defect reports and supporting documentation. EBC Group can assist by reviewing the available records, identifying missing information and helping prepare a clear compliance position.
A fire safety assessment in Victoria generally begins with identifying the essential safety measures that apply to the building. This may involve reviewing the occupancy permit, maintenance schedule, approved plans, maintenance determination, prior AESMRs, contractor records and any council or building surveyor correspondence.
The next step is to compare the required measures against the systems and features installed on site. This may include active fire systems, passive fire protection, emergency lighting, exit signage, fire doors, paths of travel, hydrants, hose reels, sprinklers, alarms and other building safety measures.
Once the relevant systems are confirmed, the assessment reviews whether each measure has been inspected, tested and maintained to the required standard. Any missing records, defects, non-conformances or unclear obligations are documented, and a practical rectification pathway is prepared. The outcome is a clearer understanding of the building’s current fire safety compliance position and the actions required to maintain or restore compliance.
Buildings constructed before 1994 may not have the same style of occupancy permit or essential safety measures documentation that is commonly expected for newer buildings. This can make compliance more complex, particularly where records are incomplete, the building has changed ownership, or alterations have occurred over time.
Even where older documentation is limited, building owners still need to ensure that required fire and life safety measures are maintained and that the building remains safe for occupants. This may involve reviewing historical approvals, council records, installed systems, maintenance records, fire safety upgrades, building notices or orders, and any later changes to the building.
For older buildings, a practical review is often the best starting point. EBC Group can help identify existing fire and life safety measures, assess available documentation, highlight compliance gaps and recommend a pathway for maintaining essential safety measures with greater confidence.
EBC Group assists building owners, owners corporations, strata managers, facilities managers and managing agents with practical, detailed support across essential safety measures compliance in Victoria. Our team can review occupancy permits, maintenance schedules, AESMRs, contractor records and existing compliance documentation to identify what applies to the building and what may be missing. We can also assist with building compliance audits, essential safety measures assessments, AESMR preparation support, defect tracking, contractor coordination, evacuation diagrams, block plans and ongoing compliance management.
Where records are incomplete, obligations are unclear or multiple buildings need to be managed, EBC Group provides a structured approach that helps owners understand their responsibilities, reduce compliance risk and maintain safer buildings for occupants and stakeholders.