Fire Safety Regulation Changes – Effective February 2025
Fire safety isn’t just a checkbox, it’s a critical line of defence between a well-managed building and a devastating event. With that in mind, the NSW Government has introduced sweeping changes to fire safety regulations, effective 13 February 2025, under amendments to the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
These reforms are designed to eliminate ambiguities, improve accountability, and ensure every building in NSW meets consistent national standards of safety and compliance.
At Essential Asset & Fire, we’ve broken down what these changes mean for you, your properties, and how you can stay compliant, without disruption or penalty.
Why the Fire Safety Regulation Reforms?
The reforms follow years of concern over:
- Subpar fire safety maintenance
- Varying levels of assessor qualifications
- Non-compliance with testing standards
- Legal grey areas around responsibility and liability
According to data from Fire and Rescue NSW, over 40% of commercial buildings audited in 2023 failed basic fire safety compliance. This led to direct action from the Department of Planning and NSW Fair Trading to lift the bar across the board.
Summary of Key Regulation Changes from February 2025
1. AS 1851-2012 Compliance Now Mandatory
From February 2025, all essential fire safety measures must be maintained in line with AS 1851-2012, the Australian Standard for routine servicing of fire protection systems.
This applies to:
- Fire hose reels
- Portable fire extinguishers
- Sprinkler systems
- Fire alarms and detection systems
- Emergency lighting and exit signs
- Fire hydrants and pumps
AS 1851 lays out strict timelines for inspections (monthly, six-monthly, annually), testing requirements, pass/fail criteria, and detailed record-keeping expectations.
Failure to follow AS 1851 will be considered non-compliance—with fines and insurance implications.
2. Only Accredited Practitioners Can Sign Off Fire Safety Certificates
A crucial shift is that only NSW Government-accredited fire safety assessors can issue or sign:
- Fire Safety Certificates (FSCs)
- Annual Fire Safety Statements (AFSS)
This change will be enforced either on 13 February 2025 or 18 months after the official accreditation authority is launched, whichever comes later.
Implications:
- You may need to switch service providers if your current assessor is not accredited.
- Past certificates issued by non-accredited parties may be scrutinised during audits.
3. Stricter Fire Safety Statement Requirements
The format, submission, and signing of Annual Fire Safety Statements will undergo updates:
- Must include precise evidence of system performance
- More detail is required on each system assessed
- Statements must be signed by the building owner or authorised agent
- All documentation must be retained and available upon request for at least 7 years
Expect more unannounced inspections by Fire and Rescue NSW and council officers.
4. Expanded Record-Keeping and Audit Trails
Owners and strata managers are now required to:
- Keep full testing and maintenance logs
- Provide evidence of AS 1851 compliance
- Retain all contractor service reports, defects identified, and rectifications
Digital systems or logbooks must be clear, accessible, and consistently updated.
Who Is Affected?
These changes apply across the entire property spectrum in NSW, including:
| Stakeholder | Obligations |
| Commercial Property Owners | Must maintain systems per AS 1851 and use accredited assessors |
| Strata & Body Corporates | Responsible for all common area fire safety measures |
| Developers | Must comply during construction certification |
| Facility & Asset Managers | Accountable for documentation and service scheduling |
| Retailers & Warehouses | Must comply to retain occupancy certificates and insurance |
| Schools & Health Facilities | High-risk buildings must demonstrate proactive compliance |
How Non-Compliance Will Be Penalised
NSW councils and Fire & Rescue NSW are now empowered to issue fines, orders, and take enforcement action where compliance fails.
Fines:
- Up to $110,000 for individuals
- Up to $220,000 for corporations
Other risks include:
- Insurance claim denial
- Shutdown of occupancy
- Loss of builder/developer certification
- Legal liability in the event of fire
What Building Owners Should Do Right Now
Here’s a proactive checklist to help you stay ahead:
✅ Audit Your Fire Systems
Check:
- Last test dates
- Whether reports follow AS 1851 layout
- Current condition and accessibility of equipment
✅ Check Assessor Accreditation
Ask your current provider:
- Are they NSW Government accredited (or planning to be)?
- Do they use AS 1851-compliant processes?
If not, start the search for an accredited alternative.
✅ Update Maintenance Schedules
Maintenance will need to follow AS 1851 frequency:
- Monthly visual checks
- Six-monthly servicing
- Annual performance checks
Missing one could invalidate your fire safety statement.
How This Impacts Your Insurance
Your insurance broker will expect:
- Up-to-date Annual Fire Safety Statements
- Compliance with AS 1851 as a condition of coverage
- Documentation of any fire system defects and repairs
Non-compliance may result in premium loading, exclusions, or denied claims.
At Essential Asset & Fire, we collaborate with insurers and brokers to provide the reporting and documentation you need to stay fully protected.
Common Mistakes to Avoid
🚫 Assuming past compliance still qualifies
🚫 Using unaccredited fire safety assessors
🚫 Skipping monthly or six-monthly maintenance
🚫 Not keeping complete records or logbooks
🚫 Failing to notify tenants of compliance requirements
Frequently Asked Questions
A: Only if they follow AS 1851 and are part of an accredited provider’s compliance team.
A: Ensure your documentation format and assessment process align with the 2025 changes, as many buildings will need to update their record-keeping approach.
A: Yes, particularly common areas in strata-titled properties.
Future-Proof Your Compliance
Fire safety compliance is no longer optional or static. Regulations are evolving, and the cost of doing nothing is only going up.
If you need a property compliance audit and not sure where your documentation stands, reach out to our team, who can help you with:
- Understanding what the law requires
- Taking fast, practical steps to comply
- Avoiding fines, shutdowns, and insurance gaps
- Ensuring tenants, owners and building managers are compliant
Important Disclaimer: This article is general in nature and does not constitute legal or building compliance advice. Always consult a licensed fire safety practitioner and review relevant legislation for your property classification.
For more fire safety tips and resources, visit our blog regularly and stay informed.
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