What can happen if your records are missing?

The impact of missing building compliance records depends on the nature of the building, the records involved and whether a regulator, council, insurer, purchaser or tenant is asking for information. However, there are several common consequences.

Annual reporting becomes harder

Many Australian buildings are subject to annual fire safety or essential safety measures reporting requirements. In NSW, for example, building owners may need to lodge an Annual Fire Safety Statement. In Victoria, relevant buildings may require an Annual Essential Safety Measures Report. Other states and territories have their own obligations, terminology and processes.

These reports aren’t prepared in isolation; they depend on accurate supporting documentation. If essential safety measures records are incomplete, it can be difficult to confirm what needs to be inspected, whether the correct maintenance has occurred, whether the correct standard has been applied, and whether previous defects have been addressed.

This can delay annual reporting and create unnecessary pressure close to lodgement deadlines. In some cases, missing records may mean additional investigations, site inspections or document reconstruction work are needed before a statement or report can be completed with confidence.

A fire compliance audit may identify gaps

A fire compliance audit is often where record issues become visible. An audit may compare the building’s required fire safety measures against the records available and the systems installed on site. If the documentation doesn’t align, the auditor may identify gaps that need to be resolved.

For example, a building may have fire doors, emergency lighting and sprinkler systems installed, but no clear record showing that each measure has been inspected and maintained at the required intervals. Alternatively, the available schedule may list systems that are no longer present, or fail to list systems that have been added through later works.

These gaps don’t always mean the building is unsafe, but they do mean the compliance position is unclear. That uncertainty needs to be addressed.

A good audit shouldn’t simply list problems; it should help owners and managers understand what’s missing, what needs verification, what requires rectification and what documentation should be established going forward.

Defects may be missed or left unresolved

One of the biggest risks with poor record management is that defects can fall through the cracks. A contractor may identify an issue during routine servicing, but if the report isn’t reviewed, saved and tracked, the defect may remain unresolved. Over time, small issues can become larger compliance and safety concerns.

This is particularly important for fire and life safety systems. A blocked path of travel, damaged fire door, faulty emergency light, impaired sprinkler component or unresolved alarm defect may affect the building’s ability to protect occupants in an emergency. Proper records help ensure defects aren’t only identified, but also prioritised, actioned and closed out with evidence.

Council or authority requests become more difficult to answer

Building owners and managers may be asked to provide records during council reviews, fire authority inspections, building notices, orders, audits or compliance investigations. When documentation is current and organised, these requests can usually be managed with far less stress. When records are missing, the response becomes more complicated.

You may need to contact previous contractors, search archived emails, review old plans, inspect the building again, obtain replacement documentation, or engage specialists to help establish the current compliance position. Delays or incomplete responses can increase scrutiny and may lead to further questions, directions or enforcement action, depending on the circumstances.

Insurance and liability issues may arise

Insurers often expect building owners to maintain appropriate safety systems and keep evidence of inspections, maintenance and defect rectification. If there’s an incident and key records can’t be produced, it may be harder to demonstrate that the building’s fire and safety obligations were being properly managed (this can create additional complexity around claims, liability and risk management).

The same issue can arise during disputes, lease negotiations, property transactions or due diligence reviews. Missing fire safety records may raise concerns for purchasers, tenants, insurers, committees or asset managers who need confidence that the building has been responsibly maintained.

Compliance costs can increase

Record gaps are usually cheaper and easier to fix early. When documentation has been neglected for years, the process of rebuilding the compliance picture can take more time. It may require a detailed site review, comparison against historical approvals, liaison with council or contractors, review of maintenance standards, identification of installed systems, defect inspections and the creation of new registers.

That work is often necessary, but it can be more involved than maintaining clear records from the beginning. In practical terms, poor documentation can turn a manageable annual process into a larger compliance recovery project.

The main difference between AFSS vs AESMR

The AFSS and AESMR both support ongoing fire safety compliance, but they’re not interchangeable. In NSW, the AFSS is tied to the fire safety schedule and must be lodged annually with council and Fire and Rescue NSW. In Victoria, the AESMR confirms the maintenance of essential safety measures and must be kept with supporting records, ready to produce when required.

The purpose is similar: safer buildings, stronger accountability and clear evidence that life safety systems are being maintained. The process is different, and building owners need to manage each one according to the relevant state requirements.

Why do these reports matter?

It’s easy to treat fire safety reporting as paperwork; that’s where risk starts to creep in. An Annual Fire Safety Statement or Annual Essential Safety Measures report provides evidence that the systems designed to protect occupants are being inspected, maintained and documented. These systems may sit quietly in the background most of the time, but in an emergency they need to work immediately. A properly managed AFSS or AESMR helps building owners identify defects, reduce enforcement risk, support insurance and liability management, maintain better records and protect tenants, residents, staff and visitors.

The value isn’t just in the final document; it’s in the process behind it.

H2: Common issues for building owners

Many fire safety compliance problems come back to poor documentation. Older buildings, strata properties, refurbished sites and buildings with multiple agents over time often have incomplete records or unclear compliance histories. Common issues include missing fire safety schedules, outdated maintenance records, unresolved defects, unclear contractor scopes, inaccurate measure lists and due dates being tracked manually. These gaps can delay inspections, affect lodgement and increase regulatory risk; it’s far easier to fix them early than to rebuild the compliance picture days before a deadline.

Who’s responsible?

In both NSW and Victoria, the building owner carries the core responsibility. An agent, strata manager, facilities manager or contractor may coordinate parts of the process, but the owner must ensure the correct measures are maintained, records are retained, defects are addressed and annual reporting obligations are met. Engaging contractors isn’t the same as managing compliance; owners still need a clear system for tracking what’s been inspected, what’s been certified, what’s still outstanding and what evidence is available.