Fire Safety

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Click here to download the Annual Fire Safety Statements brochure


What is an Annual Fire Safety Statement? Download a copy of the Annual Fire Safety Statement 

An annual fire safety statement is issued by the owner of a building to the effect that:

  • Each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing.
  • In the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule.
  • In the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and
  • The building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under division 7 of the Environmental Planning and Assessment Act 1979.


Requirements of annual fire safety statements.

The assessment and inspection of an essential fire safety measure or building must have been carried out within the period of three months prior to the date on which the annual fire safety statement is issued.

The choice of person to carry out an assessment or inspection is up to the owner of the building.

The person who carries out an assessment must inspect and verify the performance of each fire safety measure being assessed.

A fire safety certificate for a building or part of a building must contain the following information:

  • The name and address of the owner of the building or part
  • A description of the building or part, including its address
  • A list identifying each essential fire safety measure in the building or part, together with the minimum standard of performance specified in the relevant fire safety schedule in relation to each such measure
  • The date or dates on which the essential fire safety measures were assessed
  • The type of certificate being issued (that is, final or interim)
  • A statement to the effect referred to in clause 170 (for a final certificate) or clause 173 (for an interim certificate)


The date on which the certificate is issued.

A fire safety certificate for a building or part of a building must be accompanied by a fire safety schedule for the building or part.


Final fire safety certificates. Download a copy of the Final Fire Safety Certificate

The assessment of essential fire safety measures must have been carried out within the period of three months prior to the date on which a final fire safety certificate is issued.

The choice of person to carry out an assessment is up to the owner of the building.

A person who carries out an assessment :

  • Must inspect and verify the performance of each fire safety measure being assessed; and
  • Must test the operation of each new item of equipment installed in the building premises that is included in the current fire safety schedule for the building.

A final fire safety certificate, issued in relation to work that has been authorised or required by a development consent, construction certificate or fire safety order, need not deal with any essential fire safety measure that is the subject of some other final fire safety certificate or fire safety statement issued within the previous six months, unless the person who issues the development consent, construction certificate or fire safety order determines otherwise.


Supplementary fire safety statements. Download a copy of the Supplementary Fire Safety Statement

The assessment of critical fire safety measures (see definition below) must have been carried out within the period of one month prior to the date on which the supplementary fire safety statement is issued.

The choice of person to carry out the assessment is up to the owner of the building.

The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed.


Essential fire safety measures to be maintained

The owner of a building to which an essential fire safety measure is applicable must not fail to maintain each essential fire safety measure in the building premises:

  • In the case of an essential fire safety measure applicable by virtue of a fire safety schedule to a standard no less than that specified in the schedule; or
  • In the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented.

As soon as practicable, after receiving a request in that regard from the owner of a building to which an essential fire safety measure is applicable otherwise than by virtue of a fire safety schedule, the Council must provide the owner with a schedule of the essential fire safety measures for the building premises.


Definitions/Common Terms

Annual Fire Safety Statement - means a statement referred to in clause 175.

Critical Fire Safety Measure -
 means a fire safety measure that is identified in a fire safety schedule or fire link conversion schedule as a critical fire safety measure, being a measure that is of such a nature, or is implemented in such an environment or in such circumstances, that the measure requires periodic assessment and certification at intervals of less than 12 months.

Essential Fire Safety Measure - in relation to a building, means a fire safety measure that is included:

(a)  in the fire safety schedule for the building, or

(b)  in the essential services (within the meaning of Ordinance No 70 under the Local Government Act 1919) attached to an approval or order referred to in Part 59 of that Ordinance, being an approval or order that was in force immediately before 1 July 1993, or

(c)  in the essential services (within the meaning of the Local Government (Approvals) Regulation 1993) attached to an approval referred to in clause 22 of that Regulation, being the latest such approval granted during the period from 1 July 1993 to 30 June 1997, or

(d)  in the essential services (within the meaning of the Local Government (Orders) Regulation 1993) attached to an order referred to in clause 6 (1) of that Regulation, being the latest such order given during the period from 1 July 1993 to 30 June 1997.

Final Fire Safety Certificate - means a certificate referred to in clause 170.

Fire Exit - in relation to a building, means any exit to the building that has been provided in compliance with any requirement imposed by or under the Act or this Regulation or by or under any other law, whether or not that law is currently in force.

Fire Safety Certificate - means an interim fire safety certificate or a final fire safety certificate.

Fire Safety Measure - means any measure (including any item of equipment, form of construction or fire safety strategy) that is, or is proposed to be, implemented in a building to ensure the safety of persons using the building in the event of fire.

Fire Safety Order - means an order of the kind referred to in item 6 of the Table to section 121B of the Act and includes, if an order is subsequently made under section 121R of the Act, an order under that section.

Fire Safety Statement - means an annual fire safety statement or a supplementary fire safety statement.

Fire-Isolated - when used in connection with the words “stairway, passageway or ramp”, means a fire-isolated stairway, fire-isolated passageway or fire-isolated ramp, as the case may be, within the meaning of the Building Code of Australia.

Interim Fire Safety Certificate - means a certificate referred to in clause 173.

Statutory Fire Safety Measure - means a fire safety measure of a kind referred to in the Table to clause 166.

Supplementary Fire Safety Statement - means a statement referred to in clause 178.


Links to relevant legislation

Links to relevant legislation Where the text refers to “sections”, search the Act (below)”clause” search the “Regulations” below.

The relevant legislation is as follows:

Forms found on this page are also available under Council Forms on the website.