Reforms to building fire safety regulation
Changes to building fire safety regulation in NSW are being introduced to make buildings safer and increase compliance with fire safety measures.
These changes affect building owners, developers, fire safety practitioners, certifiers and building practitioners.
Key information
- Fire safety reforms were first introduced in 2022.
- The commencement of the reforms was staggered from 13 February 2023.
- The 2023 reforms introduced a requirement for all Fire Safety Schedules (FSS) to be issued using a standard template form published by the NSW Government.
- Further changes will come into effect from 13 February 2026 (following a deferral of the previous 13 February 2025 date). This includes compliance with the Australian Standard AS 1851-2012.
Why were fire safety reforms introduced?
Reforms were introduced to fire safety regulations to improve compliance with requirements for the design, certification and maintenance of fire safety measures in buildings through:
- increasing the involvement of Fire and Rescue NSW (FRNSW) in reviewing non-standard fire safety design proposals,
- creating an independent checker role to assess newly installed fire safety measures before buildings are occupied,
- improving documentation of fire safety measures by standardising documentation and simplifying amendment processes, and
- mandating procedures for the maintenance of fire safety measures.
These changes were made to the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 in December 2022 and aim to reduce life safety risks, damage to property and the incidence and cost of fire safety defects. They implement a number of recommendations from the Improving fire safety in new and existing buildings report commissioned by the Office of the Building Commissioner.
How the changes will impact you
From 13 February 2023
For class 2, 3 or 9c buildings, owners must provide a copy of the fire safety certificate to the building practitioner issuing a building compliance declaration under the Design and Building Practitioners Act 2020. Find out more about building practitioners and building compliance declarations.
Building owners will also be able to more easily request corrections of minor errors in fire safety schedules or a replacement if the schedule is lost or destroyed.
From 1 August 2023
Owners must ensure that a person who develops a non-standard fire safety design proposal in all types of buildings except single dwellings and certain types of boarding houses, guest houses or similar, consults with FRNSW if a construction certificate is required for the building work.
There will also be expanded requirements for fire safety related matters to be referred to FRNSW after an application for a construction certificate is made.
From 13 February 2026
Building owners must maintain essential fire safety measures in all types of buildings except single dwellings in accordance with procedures in the Australian Standard 1851-2012 Routine service of fire protection systems and equipment, where the maintenance activity is addressed by the standard.
Learn more about building fire safety requirements under AS 1851-2012.
From 13 February 2027 (or 18 months after an accreditation scheme is approved, whichever occurs first)
Building owners must use an accredited person(s) to certify newly installed fire safety measures before issuing a fire safety certificate, and include relevant information about that accredited person in the fire safety certificate.
From 1 August 2023
Fire safety practitioners (usually a fire safety engineer) who develop a design brief for a performance solution for a fire safety requirement in a Class 2-9 building will need to consult with FRNSW if a construction certificate is required for the building work. Find out more about the FRNSW requirements for consultation.
From 13 February 2026
Persons maintaining essential fire safety measures in class 1b-9 buildings must do so in accordance with procedures in the Australian Standard 1851-2012 Routine service of fire protection systems and equipment, where the maintenance activity is addressed by the standard.
Learn more about building fire safety requirements under AS 1851-2012.
From 13 February 2027 (or 18 months after an accreditation scheme is approved, whichever occurs first)
Persons who certify newly installed fire safety measures before a fire safety certificate is issued must be accredited.
From 13 February 2023
A council or a certifier will be able to re-issue a fire safety schedule on request by a building owner to correct minor errors or omissions or to replace a missing schedule.
From 1 August 2023
A certifier must refer all fire safety related performance-based matters for all Class 2-9 buildings to FRNSW after receiving an application for construction certificate and after receiving an application for an occupation certificate. Find out more about the FRNSW requirements for referrals.
Councils and certifiers must use a mandatory Fire Safety Schedule template for Class 1b to 9 buildings.
From 13 February 2023
Building practitioners who issue a building compliance declaration under the Design and Building Practitioners Act 2020 (currently applicable to Class 2, 3 and 9c buildings and buildings with a Class 2, 3 or 9c component) must lodge a copy of the fire safety certificate with their declaration. Building owners will be required to provide a copy of the fire safety certificate to the building practitioner.
Find out more about building practitioners and building compliance declarations.
Building fire safety requirements 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.
When do the changes come into effect?
The reforms will come into effect in stages to assist compliance by industry and property owners. There is a staggered commencement for the key reforms affecting building owners and industry.
13 February 2023
- Councils / certifiers able to correct minor errors in Fire Safety Schedules or to replace a missing schedule.
- Builders required to lodge Fire Safety Certificate with Building Compliance Declaration.
1 August 2023
- Building owners, developers and certifiers consulting with Fire and Rescue NSW on performance solutions. Find out more about the FRNSW requirements for consultation.
- Councils / certifiers required to use the Fire Safety Schedule.
13 February 2026
- Building owners applying mandatory procedures for maintaining fire safety measures in accordance with Australian Standard AS1851-2012 or the relevant performance solution
This commencement date was deferred from the previous commencement date of 13 February 2025 following an amendment to the regulation.
Learn more about building fire safety requirements under AS 1851-2012.
13 February 2027, or 18 months after an accreditation scheme is approved (whichever is first)
- Building owners required to use accredited person(s) to certify newly installed fire safety measures.
This commencement date was deferred from the previous commencement date of 13 February 2025 following an amendment to the regulation.
Fire Safety Schedule (FSS) template from 1 August 2023
All FSS must be issued using the standard template form published by the NSW Government. This requirement commenced 1 August 2023.
This template must be used when issuing a new FSS, as well as when reissuing an existing FSS due to corrections or missing documentation. This applies to certifiers, councils, building owners and practitioners.
Frequently asked questions
The building owner is responsible for ensuring that the person who develops the performance-based design brief for them, usually a fire safety engineer, requests input from Fire & Rescue NSW.
The owner of a building is usually the person who has legal title to the land on which the building is erected or is to be erected if the building has not been built.
No. This requirement does not apply until 13 February 2027 or 18 months after an accreditation scheme is approved (whichever occurs first). Stakeholders would be notified if an accreditation authority and scheme has been established.
Until this requirement starts, building owners need to continue to ensure ‘a properly qualified person’ undertakes the assessments before the owner issues the Fire Safety Certificate for new building work.
The deferment of the new requirement is achieved through Schedule 1A (‘Savings, transitional and other provisions’) in the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
This delay allows time for a new accreditation scheme to be created, amongst other things.
No. The existing accreditation scheme approved by the NSW Government for accredited practitioners (fire safety) (APFS), and administered by the Fire Protection Association Australia, does not apply to this new function. This is because the existing scheme does not cover the function of assessing measures for the purpose of the Fire Safety Certificate. For more information on the existing scheme see Fire safety practitioners.
Work is underway to develop a new accreditation scheme specifying the qualifications and experience needed for the new accredited function.
People currently accredited as an APFS may qualify for the new accredited function depending on the requirements of the new scheme.
If you need to complete an annual or supplementary fire safety statement, you are required to maintain the essential fire safety measures in your building.
For some owners, no preparation is needed if you already have contracts with practitioners to maintain measures and provide documentation in accordance with AS1851-2012 - Routine service of fire protection systems and equipment, even though this is not currently mandatory.
If measures are not already being maintained to AS 1851-2012 in buildings needing an annual fire safety statement, the standard is not mandatory until 13 February 2026. However, building owners should ensure maintenance contracts are updated to require compliance with this standard by that date.
If an annual fire safety statement is not required for your building, building owners should still ensure that the fire safety measures serving the building are adequately maintained.
Learn more about building fire safety requirements under AS 1851-2012.
More information
Full details about the changes can be found in the amended fire safety regulation 2025.
- Building fire safety requirements under AS 1851-2012
- Upgrading fire safety measures in strata buildings: when and why it’s required
- Fire and Rescue NSW - Building fire safety
- Fire safety practitioner requirements and accreditation
- Planning NSW - Fire safety in buildings
- Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment Regulation 2025