Fire Safety Certificates and Statements

Owners of buildings have a legal obligation to ensure all fire safety measures on their property are maintained and in working condition. This is a requirement of the Environmental Planning and Assessment Act 1979.

This applies to commercial, industrial and residential buildings.

NSW government changes in July 2020 affected building owners, developers and certifiers, with the commencement of the Building and Development Certifiers Act 2018. To find out about the changes to fire safety certification, including frequently asked questions and the role of an accredited practitioner (fire safety), visit the NSW Department of Planning and Environment.

Fire Safety Certificates

A Fire Safety Certificate is issued by or on behalf of the building owner upon completion of new building work. It confirms that fire safety measures have been installed and checked by a qualified person. More information and a standard template are available from the NSW Department of Planning and Environment.

Fire safety measures include equipment, forms of construction or strategies in a building. Examples of these systems may include, fire extinguishers, hydrants, sprinklers, emergency lighting, exit signs, detection and alarm systems and lightweight construction. See Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 for more information.

What is an ‘accredited practitioner’?

An ‘accredited practitioner (fire safety)’ is a person who undertakes specialised fire safety assessment, as required by regulation.

Building owners need to select an accredited practitioner (fire safety) from a register of accredited practitioners.

Fire Safety Statements

A fire safety statement is issued by or on behalf of the owner of an existing building.

It confirms that an accredited practitioner (fire safety) has assessed, inspected and verified the performance of each fire safety measure in the building.

There are two types of fire safety statements:

• Annual fire safety statement: This statement must be issued each year and includes all essential fire safety measures that apply to a building. The statement verifies that an accredited practitioner (fire safety) has inspected and confirmed that the various required systems in the building are compliant.
• Supplementary fire safety statement: This statement is issued at more regular intervals (specified in the fire safety schedule) for any critical fire safety measures that apply to the building.

Fire safety statements must be issued using a standard template form available from the NSW Department of Planning and Environment.

Property Owners/ Agents that are required to provide a Fire Safety Statement are to submit their statements to both Council and Fire and Rescue NSW.  These properties are recorded in a Fire Safety Register where the statements are receipted and acknowledged.  In addition, the register records relevant dates, contact/Agent details and related correspondence.

The Fire Safety Register contains the Essential Fire Safety Measures installed within the building that provide the required level of fire safety for building Owners, Occupants and Visitors.

The register is used to record any updated fire services or new fire services installed within the building.  In addition to any fire services non-compliances and enforcement action that may be undertaken.

Council will not be charging for the administrative maintenance of the Fire Safety Register for Annual Fire Safety Statements lodged prior to 1 July 2026.

Lodging your Annual Fire Safety Statement

Initially, you will need to lodge your Annual Fire Safety Statement (AFSS) to Council within three months of the date of the inspection and assessment. You will then be required to lodge this AFSS annually thereafter.

Email Council : council@inverell.nsw.gov.au

A copy of the statement must also be submitted to Council as well as Fire and Rescue NSW. Email: firesafety@fire.nsw.gov.au

Any owner required by legislation to provide a statement must lodge one, regardless of whether the property is tenanted or vacant. Fines apply for failing to provide an annual or supplementary Fire Safety Statement.

Failure to maintain essential fire safety measures will also result in significant penalties.

Note: Please also be aware that Audit inspections may be carried out by Council Officers. Where instances of for example, false or misleading, inaccurate information, and or fraudulent Fire Safety Statements are submitted, Council may take legal/ and or enforcement action, and or notify the Accreditation body of Accredited Practitioners (Fire Safety) being the Fire Protection Association of Australia (FPAA) and or NSW Fair Trading.