New South Wales will implement significant changes to fire safety regulations through the Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Fire Safety) Regulation 2021. Here’s what these changes mean for your strata building.
Key Changes at a Glance
The new regulations introduce mandatory adoption of Australian Standard AS1851-2012, bringing substantial changes to how fire safety systems must be maintained and documented in strata buildings. However, the implementation of these key requirements has been deferred to allow more time for industry readiness.
What is AS1851-2012?
AS1851-2012 are the Australian Testing Standards for Fire Safety, involving the routine servicing of fire protection systems and equipment. It ensures all equipment performs to approved design standards.
There are four key stages of AS1851 that owners should be aware of:
- The design and installation of fire systems and equipment.
- The requirement to inspect, test, and perform preventative maintenance on these systems.
- Conducting a survey of the building to assess its condition.
- Providing an annual condition report and, if necessary, an Annual Fire Safety Statement (AFSS).
Why is the Legislation Changing?
These legislative updates respond to critical safety issues identified in the 2018 Building Confidence Report, which found fire defects to be a major concern, and catastrophic events like the Grenfell Tower Fire in the UK and the Lacrosse Tower Fire in Melbourne.
The changes aim to enhance safety in strata buildings, reduce defects and associated costs, and ensure a safer built environment while minimising long-term expenses.
What Will Be Changing?
Mandatory AS1851 Compliance (from 13 February 2026)
Owners’ corporations must adhere to Australian Standard 1851-2012 (AS1851) for routine fire system maintenance unless an alternative performance solution exists as designed by a Fire Engineer and approved for the building.
AS1851 significantly increases the rigor and frequency of fire safety system maintenance and inspections compared to current requirements. The standard implements a more systematic, documented approach to ensure ongoing system reliability and performance.
Key differences include:
- More frequent and detailed inspections as detailed here
- Enhanced documentation requirements
- Specific testing protocols for each system
- Stricter personnel qualifications
- Comprehensive performance monitoring
Accredited Practitioners for Fire Safety Certificates (from 13 February 2027)
From February 2027, fire safety certificates must be issued following an assessment by an accredited practitioner (fire safety). Owners corporations should plan to update contracts and work with qualified professionals to meet this new requirement.
- Record-Keeping Requirements
Owners corporations must retain and store fire safety records onsite for at least seven years. Digital record-keeping options are being considered to make compliance easier to manage.
- Focus on Passive Fire Safety
Greater enforcement of passive fire measures (e.g., fire seals, dampers, doors) requires creating and maintaining Passive Fire Registers.
- Legal and Financial Risks
Non-compliance penalties can reach $66,000 per offence. Insurance claims could be impacted if events occur, and systems are not repaired and maintained in accordance with Australian Standards.
What We Will Be Doing to Help Owners Navigate These Changes:
- Educating Owners Corporations
We will provide regular updates, including webinars and workshops, to help owners understand their obligations under the updated AS1851 timeline.
- Reviewing and Updating Contracts
Our team will assist owners corporations in reviewing contracts with fire safety service providers to ensure compliance with the extended deadlines for AS1851 and accredited practitioners.
- Facilitating Record-Keeping
All fire safety records facilitated by us will be securely stored on My Portal, and we’ll work with owners to set up efficient systems for compliance.
- Assisting with Passive Fire Compliance
To address stricter requirements, we’ll collaborate with passive fire specialists to create Passive Fire Registers and resolve defects.
- Budgeting and Financial Planning
We will assist in budgeting for these changes, ensuring adequate funding for future compliance requirements.
- Managing Inspections and Maintenance
Early coordination with accredited fire safety practitioners will ensure smooth transitions and compliance.
What Should Owners Corporations Do Now?
- Stay informed: Keep up with our updates and communications about the deferred timelines.
- Start early: Collaborate with your strata manager to plan inspections and updates in advance.
- Review budgets: Plan for increased maintenance and compliance costs over the next few years.
We’re committed to helping you navigate these changes while minimising disruptions and costs. If you have any questions, reach out to your strata manager. Together, we can build a safer, compliant future for your community.
