Legislation8 min readJune 2026

Annual Fire Safety Statements (AFSS): The Complete NSW Guide for 2026

Everything building owners and AFSPs need to know about lodging, timing, and common defects that trigger non-compliance notices from the fire brigade.

AFSSNSWBCAAFSPEP&A Reg

The Annual Fire Safety Statement (AFSS) is one of the most important compliance obligations for building owners in New South Wales. It is a formal declaration — lodged annually with your local council and the NSW Fire Brigade — certifying that the essential fire safety measures in your building have been assessed and are performing to the required standard.

Yet despite its significance, the AFSS remains one of the most misunderstood and poorly managed compliance requirements in NSW. This guide exists to fix that.

What is an Annual Fire Safety Statement?

An AFSS is a document prepared by an Accredited Fire Safety Practitioner (AFSP) that declares two things: first, that each essential fire safety measure in the building has been assessed and found to perform to the standard required by its current fire safety schedule; and second, that the building has been inspected and complies with the requirements of Part 9 of the Environmental Planning and Assessment Regulation 2021.

Key Definition

Essential fire safety measures are the fire safety systems and equipment specified in your building's fire safety schedule — the formal document issued by your council that lists each measure and the standard it must meet.

Who Must Lodge an AFSS?

Under the Environmental Planning and Assessment Regulation 2021 (Clause 185), the owner of a building that has a current fire safety schedule is required to cause an AFSS to be prepared and lodge it. The obligation sits with the building owner — not the tenant, not the managing agent, and not the strata committee.

  • Class 2: Multi-unit residential buildings (apartments, units)
  • Class 3: Residential accommodation (boarding houses, hostels, hotels)
  • Class 5: Office buildings
  • Class 6: Shops and retail premises
  • Class 7: Car parks and storage buildings
  • Class 8: Factories and industrial buildings
  • Class 9: Public buildings, hospitals, schools, assembly buildings

Strata Buildings

In strata-titled buildings, the owners corporation is typically the party responsible for lodging the AFSS, as it is responsible for maintaining common property fire safety systems.

What Does an AFSS Cover?

The AFSS covers every essential fire safety measure listed in the building's fire safety schedule. Common measures include fire sprinklers, detection and alarm systems, hose reels, extinguishers, emergency lighting, passive fire protection and fire doors.

MeasureApplicable StandardCommon Buildings
Automatic fire sprinkler systemAS 1851 — Section 4Class 2–9
Fire detection and alarm systemAS 1851 — Section 10Class 2–9
Fire hose reelsAS 1851 — Section 3Class 5–9
Portable fire extinguishersAS 1851 — Section 2Most commercial
Emergency and exit lightingAS 2293.3Class 2–9
Passive fire protectionBCA / AS 1905.1Class 2–9
Fire doors and smoke doorsAS 1851 — Section 17Class 2–9

The Role of the AFSP

The AFSS must be prepared and signed by an AFSP — a person accredited by NSW Fair Trading under Part 8 of the EP&A Regulation 2021. AFSPs are accredited in specific categories corresponding to classes of essential fire safety measures.

Finding an AFSP

You can search for registered AFSPs on the NSW Fair Trading website. Always verify that the AFSP holds current accreditation in the specific categories relevant to your building's essential fire safety measures.

Preparing for Your AFSS

  1. 1.Obtain and review your current fire safety schedule.
  2. 2.Engage service contractors aligned with your schedule.
  3. 3.Maintain compliant service records throughout the year.
  4. 4.Engage your AFSP at least six to eight weeks before your lodgement deadline.

Timing is Critical

The AFSS must be lodged within 12 months of the previous statement. There is no grace period in NSW. A late AFSS immediately places the building in a non-compliant state.

Common Defects That Trigger Non-Compliance

Fire Door Defects

Fire doors are consistently among the top sources of defects — propped open, disabled closers, damaged intumescent seals, non-compliant hardware and damaged frames.

Penetration Seal Defects

Unsealed or inadequately sealed service penetrations through fire-rated walls and floors are among the most common passive fire defects, accumulating invisibly over years of building works.

Emergency Lighting Defects

Failed batteries, damaged luminaires, obscured exit signs and inadequate illumination levels are regularly identified during inspections.

Service Record Gaps

If your contractors have not provided compliant service records at the required frequency, your AFSP cannot make the required declaration — effectively rendering the measure non-certifiable.

The AFSS Lodgement Process

  • Lodge with your local council (online portal or in person)
  • Lodge with NSW Fire Brigade (online lodgement system)
  • Display copy prominently within the building within 7 days
  • Retain copies of the AFSS and all supporting records for at least 3 years

Penalties for Non-Compliance

Failure to lodge an AFSS, lodging a late AFSS, or lodging a false or misleading AFSS can result in significant penalties. Councils can issue penalty infringement notices and fire safety orders. The NSW Fire Brigade can issue Fire Safety Orders independently and has the power to order building evacuation.

Insurance Implications

A building without a current AFSS may be considered non-compliant by its insurer, potentially affecting the validity of a claim arising from a fire event.

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