NSW fire safety regulations
& compliance requirements

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State Regulations

NSW fire safety regulations

NSW’s “essential fire safety measures” are governed by the Environmental Planning and Assessment Act 1979 & the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulations 2021. Building owners or agents are obliged to issue an Annual Fire Safety Statement (AFSS) every year to verify compliance with established performance standards.

FCA works with clients
across the state

Every building owner, manager or strata committee must take responsibility for meeting these requirements—whether it’s an apartment complex, council facility, office building or industrial warehouse. FCA  works with clients across the state to ensure they meet their obligations under all relevant New South Wales fire safety regulations, with tailored advice, inspections and documentation to simplify the process. Our team helps you navigate the evolving landscape of fire legislation so you can focus on operating safely and compliantly. From system design and audits to annual fire statements, we deliver end-to-end solutions for fire safety compliance in NSW.

Navigating building safety regulations in New South Wales

All buildings in NSW must meet a baseline standard of fire performance. This includes structural protections, operational safety measures, and emergency procedures. These requirements are outlined in a combination of state regulations (primarily the Environmental Planning and Assessment Regulation 2021) and national standards such as the Building Code of Australia.

Whether you’re managing a new build or maintaining an existing property, understanding how these building safety regulations in NSW apply to your facility is critical. FCA provides compliance support that covers everything from essential safety measures to the certification and renewal of fire safety documents. We work with you to identify your building’s specific obligations and ensure every item is documented, maintained and ready for audit.

Fire safety audits and site inspections

A professional fire safety audit in NSW helps you identify potential risks and track whether systems meet current codes. FCA conducts detailed site reviews that include system condition checks, documentation audits, and performance testing.

We also help with audit preparation for regulatory authorities and insurers, ensuring you have the records and reporting needed to demonstrate compliance. Whether you manage one building or a multi-site portfolio, we deliver clear, practical reporting that keeps you informed and legally protected.

Certification and the role of accredited practitioners

Under NSW law, many fire safety documents must be prepared or verified by an Accredited Practitioner (Fire Safety). These professionals confirm that all safety measures, such as alarms, sprinklers, and passive systems, are functional and compliant.

EBC Group works with Accredited Practitioners to inspect your site and issue required documentation, including Annual Fire Safety Statements (AFSS), interim reports, and system-specific certifications. We manage the scheduling, reporting and lodgement process, ensuring nothing falls through the cracks.

Ongoing fire safety management across NSW

Managing fire safety involves more than an annual check. Our fire safety management services in NSW help clients stay ahead of inspections and avoid costly non-compliance. Using our proprietary compliance software, we track testing schedules, system status, and certificate renewals, all accessible via your client portal.

We also assist with:

  • Maintenance logs
  • Contractor coordination
  • Emergency planning and evacuation reviews
  • Legislative updates and site re-assessments
Common Questions

Most Popular Questions

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.

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.

 

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.

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