The annual fire safety statement is one of many legal obligations that accompany the ownership and management of commercial or multi-residential buildings, and is one of the most commonly misunderstood. This single document proves that the key fire protection systems put in place to keep a building safe are functioning properly and keeping the people that live, work or visit the building safe each day. It is the centrepiece of fire certification in Australia, connecting the process of initial building approval with real-world safety performance.

As a building owner, strata manager or facilities manager, knowing what a fire statement is, its differences from fire safety certification and how fire certification works in Australia can save you time, money and potential legal hassles.

What is a Fire Safety Statement?

A fire safety statement is a document, typically from a qualified practitioner, stating that the fire safety elements within a building have been inspected, tested and are working as intended. These measures are usually a combination of fire doors, smoke alarms, sprinklers, hydrants, emergency lighting and exit signs.

This document needs to be submitted to the local council or building authority annually under fire certification in Australia by the owner in most Australian states. The statement is a document that demonstrates that the building continues to comply with the fire safety standards put in place at the time of first approval for occupation.

A building owner could be non-compliant with local regulations without a current compliance statement on file and may face fines, legal liability or even closure of the premises until the building is brought into compliance again.

Why Fire Safety Statement is Important Document?

Fire safety is not a “set and forget” responsibility. System deterioration, battery failure, propped doors, and clogged/damaged sprinkler heads. This annual compliance review provides a structured review process that will help identify and resolve issues before they become hazardous.

There is more than a legal obligation here, there is a human one: fire safety measures are in place to provide people with time to get out safely in case of emergency. The fire statement is one of the few compliance documents that is directly linked to life-safety outcomes and as such, authorities take non-compliance seriously.

This is important for building owners, as they will benefit from maintaining a good insurance position and the value of their property. A current fire statement is often a requirement of many insurance policies, and a missing statement could make a claim after the incident more difficult or even negate a claim. Combined with a comprehensive building maintenance compliance checklist, this can help building owners prevent other critical services from having similar gaps.

Fire Safety Statement vs Fire Safety Certification: What’s the Difference?

These two terms are often used interchangeably, but they aren’t quite the same thing.

A fire safety certification is the larger process of proving that a building’s fire protection systems are designed and built to standards established by the code — it is typically issued at the time of construction, renovation or upgrade of the building’s fire protection systems. Technical assessment from a qualified practitioner which is a baseline for the subsequent inspections. If a building is not designed with appropriate fire safety certification, it can not be legally approved for occupancy.

The annual declaration is the continual (or every five years, depending on the jurisdiction) assurance that the systems already certified are still working as they should. Consider certification as the first ‘pass mark’ and the annual statement as the ‘health check’ that follows.

Both documents are a complete record of a building’s fire compliance history and are normally required by local councils to ensure that a building is legally useable. The annual statement stage cannot be reached if there is no valid fire certification for the building, as there is no verified baseline to compare against.

How Fire Certification in Australia Works

Requirements for fire certification vary in Australia, depending on the National Construction Code (NCC), Australian Standards and state-based regulations. Firstly, knowing what is involved with fire certification in Australia at a state level is a great way to stay compliant year-round.

• New South Wales: Owners report to NSW Fire Brigade and local council an Annual Fire Safety Statement (AFSS) confirming that key fire safety systems are in place and working.
• Victoria: Owners keep an Essential Safety Measures (ESM) report and annual inspections are carried out under the Building Regulations.
• Queensland: Compliance is governed by the Fire and Emergency Services Act via Occupier’s Statements and maintenance schedules.
• Other states and territories: Comparable systems are in place, usually involving a qualified practitioner to test and certify the performance of the system each year.

Fire certification is not completely consistent across the country in Australia, so property owners with properties in several states should have a clear compliance calendar for each property. The purpose remains the same, regardless of jurisdiction: to ensure key fire safety features are actually effective when they are needed.

The Australian Building Codes Board is an external resource that provides an authoritative summary of national building codes and how the state codes relate to the National Construction Code and to fire certification requirements generally.

What Building Owners Needs To Do

It’s okay if you do not think completing your fire safety statement is overwhelming if you have a process in place every year.

1. Be aware of the date. Typically compliance deadlines are linked to a prior statement or occupation certificate. Failure to do so may result in penalties, so make sure to write it on your compliance calendar.

2. Do hire a qualified practitioner. Essential fire safety measures can only be assessed and a statement issued by an assessor or a practitioner who has a recognised fire safety certification. When you hire an experienced provider, you can be certain that there are no hidden defects.

3. Schedule inspections early. By waiting until last minute, you have a greater chance of finding a problem that will get you over your deadline before you can make a statement.

4. Keep detailed records. Keep a record of previous statements, fire safety certification documents and repairs performed. This is very useful if the building is sold in Australia and the conveyancer will ask for a full fire certification in Australia history for due diligence.

5. Address defects immediately. If it’s discovered during an inspection, don’t put off the repairs. All fire safety statements can be rendered invalid by an outstanding defect and the building may remain technically non-compliant until it has been addressed.

6. Know of your wider responsibilities. A fire safety statement is part of a compliance programme which may also contain other essential services reporting and workplace health and safety requirements — regularly check through your checklist to ensure there are no gaps.

Common Mistakes That Building Owners Make

Fire safety compliance is a tricky subject even for the savvy building owner. In conjunction with their certification records, owners of portfolios should consult our Fire Safety Guide for Commercial Buildings. Common issues include:

• Presuming that compliance is automatic because the fire safety certification has been completed in the past will not satisfy the annual statement requirement.
• Contractors not recognised as a fire safety certified company, which could lead to a statement being turned down by the local council.
• Not replacing fire safety devices after renovations, leaving discrepancy between documented and installed fire safety devices.
• Failing to consider smaller systems, such as exit signage, when conducting inspections, because the inspectors are only coming to check the large systems.

The risks can be avoided through knowledge of fire certification in Australia, choosing a competent practitioner and making fire safety a continuous process rather than a one-off item to be checked.

Key Takeaways

• In most Australian jurisdictions, a fire statement is a statement made once a year to ensure that a building’s key fire safety systems are operating effectively.
• The certification of fire safety and a statement of fire safety are similar, but not the same; the certificate establishes that the premises are initially compliant, the statement establishes that the premises are still compliant.
• The requirements for fire certification are different in each state in Australia, and building owners should seek out the fire requirements for each of their properties.
• Fire doors, fire alarms, sprinklers, hydrants, emergency lighting and exit signage are common fire safety features which are covered by fire certification in Australia.
• One of the most frequent non-compliant problems identified during fire door inspections is simple everyday problems, such as blocked and wedged open fire doors.
• The best ways to stay compliant year after year are to hire a practitioner who has the proper fire safety certification, maintain proper records and fix defects as soon as possible.

Final Thoughts

The annual statement may sound like yet another item on the list, but it’s actually a very significant part of life and property safety. Knowing the connection to fire safety certification, the current fire certification situation in your state and developing good inspection practices can help ensure your building is compliant and at no unnecessary risk.

The best way to make sure that your fire safety statement isn’t a stressor, but another part of the good stewardship of your building is to stay proactive.

Frequently Asked Questions (FAQs)

Q. When do I need to submit a fire safety statement?

A fire safety statement must be completed on an annual basis in most Australian states. Depending on which jurisdiction, there may also be a requirement for a supplementary statement which is also to be submitted every 5 years, so check the requirements of your council area and building classification.

Q. Who can give a fire safety statement?

The statement can only be signed off by an accredited fire safety practitioner or suitably qualified assessor as recognised under state regulations. Your local council may refuse to accept the statement if it is prepared by an unqualified contractor.

Q. What are the consequences for not meeting my fire safety statement deadline?

Failure to do so may lead to penalties, formal notices issued by the local council and, in extreme cases, limitations upon the use of the building until it is compliant. It may also make insurance claims more difficult in case of an incident during the lapsed period of the statement.

Q. Is a fire safety statement a building’s occupancy certificate?

No. An occupancy certificate is typically only issued once – at the first time a building is approved for use. A fire safety statement is an annual document which reaffirms that the fire systems included in the original fire safety certification are functioning correctly.

Q. Is a fire safety statement required for all buildings or only commercial buildings?

A range of requirements are enforced at a state and building-specific level, but most commercial buildings, multi-residential apartment buildings, and buildings with shared essential fire safety measures must have one. Generally speaking, single houses are not subject to this requirement.

Q. What is the average cost of a fire safety statement?

The cost depends on the size of the building, the number of required fire safety features installed and the location or state where the building is located. Higher costs for sprinkler systems, fire hydrants and other systems are generally expected at larger buildings with more complex systems as compared to smaller buildings that have only basic fire safety systems.

Q. Is there a way for me as the building owner to fill out a fire safety statement myself?

No. Fire safety statements must be signed off by an accredited practitioner who has recognised fire safety certification. The building owner is responsible for arranging the inspection and keeping records, but cannot self-certify their building.

If you are the owner, manager or are planning to buy a building in Sydney, you’ve likely heard the term fire safety certificate, or seen it for yourself, probably at the worst possible moment, such as when you were about to enter into a property settlement or received a council notice. It may seem like just another piece of paper, but it has a serious purpose of keeping people safe and ensuring you’re on the right side of the law.

This guide explains what a fire safety certificate is, its importance, who needs one and how it works in NSW. We’ll keep it simple and not get into the jargon that makes this subject more confusing that it already is.

What is a Fire Safety Certificate?

Fire safety certificate is a document that states the fire safety devices within a building, such as fire doors, sprinklers, smoke alarms and exit signage, are in place and functioning properly. Imagine it’s a health check-up, but for your building’s ability to protect people in the event of a fire.

This certificate is awarded once the property has been inspected by a qualified assessor, who certifies that each fire safety measure has achieved the required level of performance in NSW. Not only is it a courtesy, but a legal document that the building is performing its duties in an emergency.

It’s important to understand this difference. A standalone certificate is usually only issued once, it is usually after construction or when new fire safety work has been carried out in the building. An annual fire safety certificate, on the other hand, is a certificate issued every year which states that all fire safety measures are still working correctly. These two terms are often used interchangeably, but it’s important to understand the difference to avoid the headache of council knocking on your door.

What is the importance of Fire Safety Certification in Sydney?

Sydney’s skyline is crisscrossed with older buildings, repurposed warehouses, mixed-use developments and high density apartment blocks each with their own fire hazards. Fire safety certification in Sydney is in place as it is known that a fire could escalate from a small fire into a tragedy in a matter of minutes due to old wiring, obstructed fire exits and a sprinkler system that has been neglected for several years.

In addition to the safety aspect, certification also offers property owners legal and financial protection. However, if a fire does happen and your building has no certificate, you may find your insurance claim rejected and you could be liable for hefty fines or even prosecution for contravening NSW planning and environmental laws.

Who Needs a Fire Safety Certificate in NSW?

In general, it is required to have some sort of fire safety certification on any building other than a standalone house. This includes:

This requirement applies to commercial premises, including offices, retail outlets, warehouses, educational establishments, childcare and healthcare facilities where vulnerable people are to be found. Strata-titled residential buildings (such as apartment complexes and unit blocks) must also be kept compliant, as shared fire systems such as hydrants and alarms are used by more than one household. Catering premises such as restaurants, pubs and function centres must also be certified because they are likely to have high occupancy rates and open flame cooking equipment.

If you’re not sure whether your property is in one of these categories it would be worth seeking professional advice before assuming you are exempt. It is cheaper to check, than it is to be wrong.

How does the Fire Safety Certificate in NSW process work?

The process of obtaining a fire safety certificate is fairly standard, although the inspection may be lengthy.

A fire safety assessor is sent to the building and checks each of the essential fire safety measures as outlined in the building’s fire safety schedule. This could involve checking to see if fire doors are closed correctly, emergency lighting operates during a power outage, alarm systems are working and fire extinguishers for service dates.

The assessor then compares the building against the performance standards that were originally approved for the building. If it is in order, the certificate will be issued. When something is below the standard, the owner typically will be provided a set time to correct the problem before reapplying.

In most buildings, the whole cycle is repeated every year with a new statement of compliance being filed with the local council and the NSW Fire and Rescue authority. One of the most frequently missed compliance deadlines is this annual lodgement, which frequently happens when owners simply don’t know that it was due.

What happens if you don’t have Fire Safety Certification?

The cost of not completing fire safety certification is not only high risk, but high cost. Penalty notices can be issued by councils throughout NSW and in more serious cases, it can go to court, where fines for individuals and corporations can be in the tens of thousands of dollars. Added to that, if you are selling or leasing a property, buyers and tenants have the right to ask for a current certificate, and without a certificate or an expired one, the transaction can be halted or slowed.

The other cost, not so apparent, is reputational risk. A failure to ensure safety in a building in the event of a fire can affect the trust of tenants, residents and insurers for years to come, for commercial landlords or strata committees.

Selecting a professional Fire Safety Certification Provider in Sydney

Not every evaluator is the same, and here, it’s truly not worth cutting corners. A qualified, accredited certifier doesn’t just check off boxes, they know how the National Construction Code and local NSW regulations apply to your particular type of building.

It is beneficial to inquire about the certification provider’s accreditation, experience, and ability to communicate results when selecting a provider to manage your certification needs. A competent certifier will not only give you a pass or fail, they will explain what they found, why it is important, and what (if anything) needs to be done.

Staying Ahead of Compliance

The best way to get compliant is to make it a continuous effort instead of a yearly climb. Keep a simple reminder for your renewal date in a calendar, have a folder of old inspection reports and deal with minor issues as they are identified not at the next inspection. The proactive approach is almost always faster and less stressful to the property owner than the last minute approach, and is also cheaper.

With a single trusted fire safety certificate partner, you’ll find it much easier to stay on top of the annual fire safety certificate deadline for each of your properties or strata portfolio across Sydney, as they will already know your buildings’ history and understand the fire safety schedules.

Final Thoughts

A fire safety certificate may be an administrative formality, but it’s a proven commitment that your building is prepared to keep the occupants safe in case of a fire. As a strata manager, commercial landlord or first-time Sydney property owner, it’s essential that you understand fire safety certification so you can stay compliant, avoid penalties and, above all, keep people safe.

If you’re about to get inspected or you’re not sure where your property is at, it’s a good idea to get expert advice sooner rather than later.