Fire safety compliance

The NSW Government requires that both new and existing buildings be certified for fire safety.

Existing building

Step 1.Obtain a copy of the Current Fire Safety Measures Schedule

Fire safety measures are statutory measures that are proposed or existing measures implemented in a building to ensure the safety of persons using the building in the event of fire. Some examples being an exit sign or a hose reel.

A fire safety schedule is issued by Council or an accredited certifier with a Construction Certificate or Complying Development Certificate for a new or altered building or in some cases with a Development Consent for a change of use in an existing building. 

Should Council conduct an inspection and find that the premises does not have adequate provision to prevent or suppress fire, Council may issue a Fire Safety Order under Order 6, Section 121 of the Environmental Planning and Assessment Act 1979.  The requirements are relevant to Class 1b to 9 classification of building structures.

The Essential Fire Safety Measures Schedule specifies the required minimum standard of performance for each measure listed. The combination of essential fire safety measures and the Annual Fire Safety Statement are designed to ensure that the measures are maintained to their operational/installation standard.

Request Copy of Current Essential Fire Safety Measures Schedule

Step 2.Have an annual inspection and assessment

Only an Accredited Practitioner (Fire Safety) (APSS) accredited by the Fire Protection Association Australia can complete the annual inspection and assessment.

Building owners can select anyone from the register of accredited practitioners via the FPAA website

From the date of inspection and assessment, you have 3 months to complete and submit your Annual Fire Safety Statement.

Step 3.Submit the Annual Fire Safety Statement

Your accredited fire safety practitioner should complete their sections of the Annual Fire Safety Statement using the standard template and supply it back to you to fill in any remaining, required sections. If they don't, you can use the standard template below. 

Template form – Fire Safety Statement(DOCX, 158KB)

Information to assist building owners to complete each section of the Statement is provided on pages 3, 4 & 5 of the Statement.

The Annual Fire Safety Statement is due 12 months after the date issued (Section 8) on your last Annual Fire Safety Statement.

Be aware this date can change from year to year.

You must complete any remaining, required sections of the Annual Fire Safety Statement within 3 months of having the inspection and assessment done and submit to:

Statements that do not satisfy the above provisions will be rejected and may be subject to the levying of additional fees or issue of a penalty infringement notice.

Step 4.Display in your building

In a prominent location in your building you need to display:

  • the Annual Fire Safety Statement, and
  • the Essential Fire Safety Measures Schedule. 

Step 5.Penalties

 There are penalties for not complying with the fire safety provisions of the Environmental Planning and Assessment Act. These are:

Owner not display copy of final fire safety certificate

  • Individual $1,500
  • Corporation $3,000

Owner Fail to supply Annual Fire Safety Statement within 1 week

  • Individual $1,000
  • Corporation $1,000

Owner Fail to supply Annual Fire Safety Statement within 2 weeks

  • Individual $2,000
  • Corporation $2,000

Owner Fail to supply Annual Fire Safety Statement within 3 weeks

  • Individual $3,000
  • Corporation $3,000

Owner Fail to supply Annual Fire Safety Statement within 4 weeks

  • Individual $4,000
  • Corporation $4,000

Owner not display Annual Fire Safety Statement

  • Individual $580
  • Corporation $580

Owner fail to maintain essential fire safety measures

  • Individual $3,000
  • Corporation $6,000

New building or change to building

A fire safety certificate is a certificate issued by, or on behalf of the owner(s) upon completion of new building work, changed use of a building or fire safety upgrade works. 

Any development that requires a fire safety schedule, requires submission of a fire safety certificate before an Occupation Certificate can be issued.

The certificate confirms that each of the fire safety measures that apply to a building (as listed in the fire safety schedule) have been installed and checked by a properly qualified person. This helps verify that the required fire safety measures can perform to the minimum standard.

Fire safety certificates must be prepared and issued using the NSW Government’s standard form template, available from Planning NSW Fire Safety website

An interim fire safety certificate covers each essential fire safety measure specified in the fire safety schedule for the part of the building to which the certificate relates (i.e. part occupation of a building).

A final fire safety certificate covers each essential fire safety measure specified in the fire safety schedule for the completed building. 

Find more information about building and planning