Fire Safety in Strata Buildings NSW — Who is Responsible?

Fire safety in strata buildings is one of the most persistently misunderstood areas of NSW building compliance. Strata title creates a complex web of shared ownership, divided responsibilities and competing interests — and fire safety obligations are caught right in the middle.

The Strata Fire Safety Framework

Fire safety obligations in NSW strata buildings are governed by the Environmental Planning and Assessment Act 1979 and Regulation 2021, the Strata Schemes Management Act 2015, and the Building Code of Australia. The key principle is that fire safety obligations follow ownership: the owners corporation owns common property and bears the associated fire safety obligations; lot owners are responsible within their lots.

Owners Corporation Fire Safety Obligations

• Ensuring all essential fire safety measures on common property are assessed and maintained to the required standard
• Engaging an AFSP to assess essential fire safety measures and prepare the AFSS
• Lodging the AFSS with council and the NSW Fire Brigade within the required timeframe
• Displaying a copy of the AFSS in the building within 7 days of lodgement
• Maintaining service records for all essential fire safety measures in common areas
• Funding the cost of AFSS assessment, maintenance and defect rectification

Lot Owner Fire Safety Responsibilities

• Fire safety measures within their lot specified in the building's fire safety schedule
• Not interfering with or damaging common property fire safety systems
• Not propping, modifying or disabling fire doors in common areas or their lot
• Complying with the owners corporation's by-laws relating to fire safety
• Providing access to their lot when required for fire safety inspection or maintenance

The Strata Manager's Role

The strata manager is an agent of the owners corporation — not an independent duty holder. Fire safety obligations remain with the owners corporation even if the strata manager fails to coordinate compliance. Strata managers are not AFSPs and cannot assess or certify essential fire safety measures.

Building Manager vs AFSP

The building manager's role is operational — coordinating access, managing contractors, filing records and flagging defects. The AFSP's role is professional certification — physically inspecting and testing essential fire safety measures and making the statutory declaration. These roles cannot be conflated. A building manager signing or certifying an AFSS is acting unlawfully.

The AFSS Process in Strata Buildings

1. 1.Owners corporation engages an AFSP with relevant accreditation categories.
2. 2.AFSP reviews the building's fire safety schedule.
3. 3.Service contractors service all essential fire safety measures at required AS 1851 frequencies.
4. 4.AFSP inspects the building, reviews service records and assesses each measure.
5. 5.Defects are reported and must be rectified before the AFSS is certified.
6. 6.AFSP certifies the AFSS.
7. 7.Strata manager lodges the AFSS with council and NSW Fire Brigade.
8. 8.Copy displayed in building within 7 days.

Common Disputes and How to Resolve Them

Lot owner installs unauthorised fitout affecting fire safety

The owners corporation has the right and obligation to require rectification. If the lot owner refuses, action can be taken under the Strata Schemes Management Act. The owners corporation can engage a contractor to rectify at the lot owner's cost.

Strata committee refuses to fund AFSS compliance

Individual lot owners or the building manager can apply to NCAT for orders requiring the owners corporation to comply with its statutory obligations. The NSW Fire Brigade also has independent powers to issue Fire Safety Orders that cannot be ignored regardless of the committee's position.