Responsibilities of building owners under AS 1851-2012
From 13 February 2026, all class 1b and class 2 to class 9 buildings in NSW must have essential fire safety measures inspected and tested in accordance with AS 1851-2012 (unless there is a performance solution in place).
This page provides advice for building owners (including owners corporations, strata committees, and developers) and building managers about what they are required to do.
Key information for building owners
As part of the reforms to the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 that commence 13 February 2026, all building owners of class 1b and class 2 to class 9 buildings in NSW must ensure that their building complies with AS 1851-2012. This includes both new and existing buildings.
Building owners must ensure essential fire safety measures are inspected and tested in accordance with AS 1851-2012, or to the standard nominated in the relevant performance solution.
Building owners must also keep records in the manner prescribed by AS 1851-2012 for at least 7 years and make the records available for inspection.
The new legislation does not require non-conformance or non-critical defects to be resolved immediately.
Which buildings does AS 1851-2012 apply to?
In NSW, AS 1851-2012 applies to all new and existing class 1b and class 2 through to class 9 buildings.
Town houses over a common basement are considered a class 2 building and will also be covered by the legislation.
Which legislation applies?
The requirements and penalties are set out under Section 81 and Section 81A of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
Who enforces AS 1851-2012?
Local government (Council) is the regulatory authority and has responsibility for enforcing compliance with AS 1851-2012.
There are significant penalties for non-compliance, including fines of $33,000 for individuals and $66,000 for corporations.
When does AS 1851-2012 apply?
New buildings
The requirement to comply with AS 1851-2012 comes into effect when the building (or part of the building) obtains an occupation certificate.
Developers will need to comply with AS 1851-2012 in the period between when they complete the building and it is sold to the final occupant/s.
Existing buildings
The legislation requires buildings to start complying with AS 1851-2012 from 13 February 2026 onwards.
This legislation applies even if the building was approved and built prior to the enactment date of this legislation.
Which fire safety measures does AS 1851-2012 apply to?
The legislation only requires fire safety measures that are deemed essential and covered by AS 1851-2012 to be inspected and tested.
Essential fire safety measures are those measures which are itemised in a schedule known as the Fire Safety Schedule (FSS).
To confirm which essential fire safety measures are in the building, building owners should check the Annual Fire Safety Statement (the statement is required to be displayed prominently in the building), or the Fire Safety Schedule (FSS).
Some types of essential fire safety measures are not covered by AS 1851-2012 (for example, emergency exit lighting). Building owners are not required to inspect and test these measures because the legislation is specific about implementing AS 1851-2012 only.
For measures that are essential fire safety measures but not covered by AS 1851-2012, building owners are required to maintain them to the standard specified in the Fire Safety Schedule (FSS) or to its original design. For more information, see section 81(1) of the EP&A DCFS.
Note that the legislation is not specific on the exact requirements of this maintenance.
What building owners need to do to stay compliant
From 13 February 2026, building owners will be legally required to ensure that all essential fire safety measures installed in their building are maintained in accordance with AS 1851-2012.
Building owners must ensure that maintenance is conducted by competent persons, and that all systems and equipment remain operational at all times by undertaking remedial works associated with identified defects promptly.
NSW regulations also require building owners to submit an Annual Fire Safety Statement to their local council and Fire and Rescue NSW. This statement confirms that each fire safety measure listed in the building’s Fire Safety Schedule has been assessed within the past 12 months and is operating effectively. Only accredited practitioners may carry out these assessments to verify a measure’s performance.
Building owners are also responsible for keeping all fire safety documentation on site and available for inspection.
Failure to comply with these obligations may result in enforcement action, including fines or Fire Safety Orders.
Ultimately, the building owner is accountable for maintaining fire safety and ensuring occupant protection at all times.
Note, there is no requirement to have a passive fire register under AS 1851-2012.
Building owners should engage a suitably qualified fire contractor to carry out the inspection and testing work.
Building owners are encouraged to request the original design documents from the builder for buildings that are still covered by the statutory warranties under the Home Building Act.
All residential building work in NSW is covered by a 2-year statutory warranty for non-major defects and a 6-year statutory warranty for major defects.
Building owners can also try to obtain original documents from the consent authority (such as the local council). Councils may charge a fee to provide these documents and may not have all the information relevant to AS 1851-2012.
Building owners should engage a suitably qualified fire contractor to carry out the inspection and testing work.
Building owners of older buildings are not expected to conduct all long duration service intervals when the regulation starts. For example, it is not expected that a 30-year-old building needs to have the 1, 5, 10 and 25 year service completed when the regulation starts in February 2026. Service intervals can start from the implementation date of 13 February 2026.
It is expected that the 1 yearly service is completed in February 2027, regardless of the age of the building.
It is acknowledged that many aged buildings will have incomplete design documents which may make conducting a comprehensive AS 1851-2012 inspection more difficult.
The initial set of parameters for which the testing is carried out against is called 'baseline data' in AS 1851-2012. Many buildings may not have all the baseline data for all aspects of essential fire safety measures.
It is important to note that AS 1851-2012 requires very minimal baseline data. Generally when data is missing, the item is noted as a non-critical defect or non-conformance rather than a critical defect.
The new legislation requires buildings to be inspected and maintained in accordance with AS 1851-2012 and does not require all non-conformance or non-critical defect to be resolved immediately.
Read more about restrictions on building work.
Record keeping requirements
AS 1851-2012 requires a hard copy logbook to be left on site at the completion of testing. The fire contractor may offer an electronic means of recording testing and inspection results, but the standard does not allow for an electronic register to replace the physical logbook yet.
It is an expectation that building owners would give an incoming contractor the existing logbook if a building owner changed the AS 1851-2012 contractor during a building’s lifetime.
Additional obligations separate to the requirements of the EP&A Act
Fire safety measures not included in the Fire Safety Schedule do not need to be maintained in accordance with S81A of the Development Certification and Fire Safety Regulation (DCFS).
However, a building owner may be subject to other complimentary legislation, including but not limited to:
- An owners corporations governed by the Strata Scheme Management Act 2015 (SSMA) will have an obligation to maintain and repair all common property.
- Under the Work Health Safety Act 2011, a person conducting a business or undertaking (PCBU) may need to maintain other aspects of the building related to fire safety.
For example, a PCBU or owners corporation may have a duty of care to maintain and develop an evacuation plan. This is distinct and separate from the requirements of the EP&A Act.
There are no specific requirements to maintain the measures covered in other pieces of legislation in accordance with AS 1851-2012. However, AS 1851-2012 is an industry recognised standard and so it would be logical to use it as the basis for demonstrating compliance.
Engaging a fire safety practitioner
Who to engage
As the inspection of a fire protection system is limited to visual observation or testing, this means anyone can do inspection and testing work in AS 1851-2012.
The exception to this is work related to mechanical ventilation. In NSW, mechanical ventilation work includes testing work and is considered a specialist trade. This means any work related to mechanical ventilation must be done by someone with a licence, irrespective of the cost of the contract.
It is recommended that building owners engage companies who are accredited or members of the Fire Protection Association of Australian (FPAA). FPAA is a professional membership scheme and in NSW and administers the accreditation and registration scheme for the fire protection sector.
However, there is no requirement to be accredited under an FPAA scheme to undertake AS 1851-2012 inspection, testing and maintenance work. Conversely, a person who is an accredited FPAA member does not necessarily mean they are licensed to do the work.
Find out more about licensing requirements for building professionals under AS 1851-2012.
Due diligence when engaging a fire safety contractor
Building owners should carry out a level of due diligence that is proportionate to the cost of the works. In general, it’s recommended that building owners do the following:
- check the person is licensed or accredited (if required);
- ask the person to provide the recommendation in writing and cite the relevant clause or Standard in a report;
- seek a second opinion from a licensed or accredited person and provide them the original report;
- obtain multiple quotes via a competitive tender process; and
- compare scopes of works between contractors to ensure the prices are comparable.
Under the Home Building Act, a builder or contractor must provide a written contract if the works exceed $5,000 (including GST) and must be covered by the Home Building Compensation Fund (HBCF) if the works exceed $20,000 (including GST).
Learn more about contracts for residential building work and how to get competitive quotes.
Complaints against fire practitioners
If there is a concern about a specific fire practitioner or inspector, the building owner should initially try to resolve the complaint directly with the practitioner. Building owners should communicate the complaint in writing and specify a preferred outcome. This approach ensures that businesses or individuals are fully aware of the situation and creates a record of communication. This is important if the matter needs to be investigated in the future.
If the complaint is against a person or company registered under the FPAA, a building owner should lodge a complaint via the FPAA website.
If the complaint is against a person or company that is licensed under the Home Building Act and the work is residential building work, a complaint can be lodged with Building Commission NSW.
Complaints relating to misleading conduct or deceptive advertising are handled by NSW Fair Trading.
Inspection process
A fire safety contractor will inspect the fire protection system in accordance with AS 1851-2012. They will inspect the essential fire services and issue a report to the building owner.
Inspection outcomes
There are three possible outcomes for each fire safety measure after they have been inspected, these are:
Critical defect
A critical defect is one which renders the system inoperable and must be addressed as soon as possible. The building owner should consider having mitigation strategies in place in case there is an emergency while the system is inoperable.
Non-critical defect
A non-critical defect is a defect that will not critically affect the operation of the fire safety measure. It is recommended building owners have a plan in place to rectify these defects as they may evolve into a critical safety defect in the future.
Non-conformance
A non-conformance is generally caused by missing or incorrect information and does not impact the system’s operation. It is recommended that building owners consider how to resolve non-conformances, but this may not be possible in all cases. For example, in an older building, the non-conformance could be caused by not having access to the building’s original designs.
Non-conformances should be assessed on a case-by-case basis and in consultation with a suitably qualified person.
As part of the testing process, a fire safety contractor may place some components of the fire safety system under stress. If this caused something to fail, the contractor may be liable for consequential damages.
Building owners should speak to their insurer to see if consequential damages can be covered by their policy. It's also advisable to obtain additional quotes and see if there is a contractor who has an insurance policy which would cover consequential damage. Building owners should seek independent legal advice if they have concerns about signing an indemnity.
Restrictions on building work
Under the EP&A Act, the definition of building work is quite broad. Some building work requires development approval or consent. The majority of maintenance work can be classified as exempt development, which means they do not need planning approval.
More information about exempt development can be found on the Planning NSW website
For information and support on more specific questions or situations, building owners should first contact their local council. Most councils will have a duty planner who can provide free advice on what planning approvals are required.
AS 1851-2012 and relationship with the Annual Fire Safety Statement (AFSS)
AS 1851-2012 is an inspection, testing and maintenance standard. The standard itself does not require system upgrades.
It is, however, acknowledged that as part of the maintenance and inspection scheme, the inspector/s may uncover critical defects which impacts the process of obtaining the AFSS.
If this were to occur, the local government (council) are the relevant statutory authority for both AS 1851-2012 compliance and reviewing AFSS submissions. Therefore, building owners should immediately inform council when they become aware that they may be late in lodging the AFSS, and work with council to come to a solution.
There is no strict requirement for all AS 1851-2012 inspection and test items to be completed prior to the lodgement of the AFSS. AS 1851-2012 is distinct from the AFSS process, however, an AFSS assessor may consider the outcomes of the AS 1851-2012 inspection results to inform their assessment.
Relationship with the National Construction Code (NCC)
The National Construction Code (NCC) is the set of technical requirements for all buildings in NSW.
For older buildings, it may not always be possible to determine the applicable version of the NCC that the building must comply with. However, AS 1851-2012 does not require checking of the fire safety measures against the NCC.
In NSW, under the Environmental Planning and Assessment Act 1979, a building’s essential fire safety measures only need to be maintained to the standard at the time of construction. The standard for each essential fire safety measure will be set out in the Fire Safety Schedule (FSS). The FSS nominates each essential and critical fire safety measure, their standard of performance and any performance solutions the building has.
Under section 80A of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, a building owner can request the reissue of the FSS from the local council if the schedule has been lost or destroyed or the council is satisfied there are errors or omissions in the FSS.
Good practice guide to implementing AS 1851-2012
Developed by the Fire Safety Industry Reference Group, this detailed guide assists building owners in meeting their obligations under AS 1851-2012.
The guide has specific recommendations for how to implement AS 1851-2012 in buildings, how to maintain essential fire safety measures, as well as examples of common issues.
The guide is primarily targeted at professionals and is a technical document.
