Strata Fire Safety Compliance in NSW: A Practical Guide for Committee Members
- EverSure Fire
- 3 days ago
- 7 min read
Managing fire safety in a strata building is fundamentally different from managing it in a single-ownership property.
There's no single decision-maker. Multiple parties have overlapping interests, competing budget priorities, and, unless everyone understands their obligations clearly – significant gaps in accountability.
Those gaps are exactly where fire safety failures happen.
This guide is written for strata committee members, owners corporation representatives, and strata managers in NSW who want to understand what fire safety compliance requires and how to make sure it gets done.
The Legal Framework: Three Laws That Work Together
Fire safety compliance in strata buildings sits at the intersection of three separate pieces of legislation. Understanding how they interact is the foundation of effective compliance management.
Strata Schemes Management Act 2015 (SSMA)
A decision of a strata committee is taken to be the decision of the owners corporation. This single principle has enormous implications for fire safety. When a committee votes on maintenance budgets, approves or defers rectification works, or decides how to respond to a fire safety report, those decisions carry the full legal weight of the owners corporation.
Committees are responsible for keeping common property in good repair. Fire safety systems installed on common property: alarms, sprinklers, hydrants, exit lighting, fire doors – sit squarely within that obligation.
Environmental Planning and Assessment Act 1979 & Regulation 2021
This is the primary fire safety legislation. It places the duty to lodge an Annual Fire Safety Statement, and to ensure all essential fire safety measures are maintained to the required standard – directly on the building owner. In a strata context, that means the owners corporation for all common property.
The February 2026 amendments mandating AS 1851-2012 compliance apply fully to strata buildings.
Work Health and Safety Act 2011 (WHS Act)
The WHS Act imposes a duty of care on persons conducting a business or undertaking, which includes owners corporations and strata committee members who make decisions affecting the safety of residents, workers, and visitors. Fire safety failures can trigger penalties from SafeWork NSW entirely independent of council enforcement action.
Together, these three instruments mean that a single fire safety gap in a strata building can attract enforcement from your local council, Fire & Rescue NSW, and SafeWork NSW at the same time.
What the Owners Corporation Is Actually Responsible For
As a general principle: if a fire safety system is on common property, it is the owners corporation's responsibility to maintain it.
This covers the majority of the systems in the building: fire indicator panels, sprinkler and hydrant systems, fire hose reels, emergency and exit lighting, fire doors in common areas, stairwell pressurisation, mechanical smoke exhaust, and the paths of travel to exits.
The Annual Fire Safety Statement, lodged with council, Fire & Rescue NSW, and displayed in the building – must be submitted annually. The owners corporation cannot delegate that obligation away. Even if a strata manager or managing agent handles the administration, the legal duty sits with the OC.
Need help with AFSS management for your strata building? EverSure handles the full compliance cycle — inspections, logbooks, defect reporting, and AFSS lodgement. Contact our team →
What Changed in February 2026: AS 1851-2012 Is Now Mandatory
Since 13 February 2026, all fire safety measures covered by an AFSS must be maintained in strict compliance with AS 1851-2012, the Australian Standard for routine servicing of fire protection systems. The obligations apply to every classified strata building.
In practical terms this means:
Structured servicing schedules. Testing and maintenance must follow the specific frequencies in AS 1851: monthly, quarterly, six-monthly, and annual tasks depending on the system. Generic 'tick and flick' reports are no longer sufficient.
Mandatory on-site logbooks. Every strata building must maintain a physical logbook documenting all servicing activities, accessible for inspection at any time.
Documented servicing procedures. Service records must demonstrate that specific AS 1851 procedures were followed, not just that a technician visited the site.
For strata buildings managed remotely, a question that must be resolved in writing: who is responsible for maintaining the logbook, and where is it kept? That answer needs to be in the strata management agreement or confirmed by a formal OC resolution. Ambiguity here is a liability gap.
Personal Liability: The Conversation Nobody Wants to Have
Here is the reality that every committee member needs to understand:
A vote against funding essential fire safety maintenance is a documented decision that creates personal exposure.
If a fire safety inspection identifies critical defects – a non-functioning exit sign, a sprinkler system with failed test results, unsealed penetrations in a fire-rated wall, and the committee votes not to fund rectification, every member who voted against it is potentially liable for the consequences.
Under the WHS Act, that personal liability is unlimited.
This is not theoretical. If an incident occurs and the committee's documented decision not to act on a known defect becomes discoverable the exposure to individual members is real and significant.
The practical rule: fire safety expenditure is not discretionary. When a qualified practitioner identifies a critical defect, the committee's obligation is to fund rectification. Deferring to the next AGM is not a compliant response.
Owners corporations must act under the SSMA by issuing a formal Notice to Comply where required and, if necessary, applying to NCAT. Inaction weakens the OC's legal position and increases exposure.
Budget Planning: Capital Works Fund and Special Levies
The most common root cause of strata fire safety non-compliance is simple: the budget isn't there.
The capital works fund should include specific provision for fire safety system upgrades, major maintenance cycles, and rectification of defects identified in annual inspections. A proactive ten-year plan that accounts for realistic system lifecycles avoids financial shocks at the worst possible moment:
Emergency lighting batteries: 3–5 years
Fire indicator panels: 10–15 years
Sprinkler heads: 25 years
For buildings transitioning to full AS 1851-2012 compliance, a special levy may be required to fund catch-up works. That conversation is never easy at an AGM, but it is considerably less expensive than enforcement action, an insurance claim denial, or a preventable incident.
Practical Compliance Checklist for Strata Committees
Annual obligations
Lodge the AFSS within 12 months of the previous statement
Engage an Accredited Practitioner (Fire Safety) to conduct the annual assessment, at least 8 weeks before the deadline
Confirm all essential fire safety measures are listed on the Fire Safety Schedule
Display a copy of the current AFSS inside the building
Review the capital works fund and confirm fire safety lifecycle costs are accounted for
Ongoing maintenance under AS 1851-2012
Confirm your contractor is servicing each system at the correct frequency (monthly, quarterly, six-monthly, annual – varies by system)
Verify the on-site logbook is being updated after every service visit
Confirm records are being retained for a minimum of seven years
After every fire safety inspection
Review the defect report in full
Categorise all defects as critical or non-critical
Present critical defects to the committee at the earliest available opportunity
Pass and minute a resolution to fund critical defect rectification
Schedule non-critical defects in the capital works programme
Committee meeting minutes
Record every fire safety decision: what report was received, what defects were identified, what resolution was passed, and what timeframe was approved for rectification. This documentation is your protection if a decision is later questioned.
Insurance
Confirm your building insurance policy includes fire safety compliance as a condition
Provide your insurer with updated AFSS documentation at each renewal
Ask specifically whether AS 1851-2012 compliance documentation affects your premium or coverage conditions
FAQ
Who is responsible for fire safety in a strata building? The owners corporation is responsible for all fire safety systems and measures on common property. This includes the obligation to lodge the Annual Fire Safety Statement. Individual lot owners are responsible for anything within their own lots. Tenants are responsible only for their own actions, they cannot be held liable for the building's compliance obligations.
Can strata committee members be personally liable for fire safety failures? Yes. Under the Work Health and Safety Act 2011, committee members who make decisions affecting the safety of residents, workers, and visitors carry a personal duty of care. A documented vote against funding known critical defects creates direct personal exposure.
Does AS 1851-2012 apply to strata buildings? Yes. Since 13 February 2026, AS 1851-2012 compliance is mandatory for all strata buildings that lodge an Annual Fire Safety Statement, regardless of age, size, or classification.
How often does a strata building need a fire safety inspection? Different systems require different inspection frequencies under AS 1851-2012 – emergency lighting is checked monthly, many systems quarterly or six-monthly, and a full annual assessment is required for the AFSS. A qualified contractor manages the schedule; the committee's role is to ensure a contractor is engaged and the logbook is being maintained.
What happens if our strata building misses the AFSS deadline? Council issues escalating weekly penalty notices starting from the first week of non-lodgement, with fines reaching $3,000–$4,000 per week after week four. Serious or repeated non-compliance can lead to prosecution in the NSW Land and Environment Court, where maximum penalties reach $110,000 for corporations.
How EverSure Can Help Your Strata Building
EverSure Fire Protection has been managing fire safety compliance for strata buildings across Greater Sydney since 2006. We work with owners corporations, strata committees, and managing agents to cover the full compliance cycle:
AS 1851-2012 compliant servicing and maintenance
On-site logbook management
Annual fire safety assessments and AFSS lodgement
Defect identification, reporting, and rectification
Emergency and exit lighting testing and certification
Passive fire protection inspections and repair
If you're a strata committee member unsure whether your building meets its obligations or you've received a defect report and need to act on it, call us today.
📞 02 8212 4801 ✉️ info@eversurefire.com.au
Disclaimer: This article provides general information about fire safety obligations in strata buildings under NSW law as of June 2026. It is not legal advice. For guidance specific to your building and circumstances, consult a qualified fire safety practitioner or solicitor.
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