If your building has a fire safety schedule, you are required to lodge an Annual Fire Safety Statement (AFSS) with your local council every 12 months. Missing your due date is an offence under the Environmental Planning and Assessment Act 1979, and penalties can reach up to $110,000 for corporations or an on-the-spot fine for failure to submit.
Despite how high the stakes are, many building owners are unclear on exactly how the process works. This guide walks through every step from start to finish, so you know what to do, who does it, and when it needs to happen.
Want Fire Safe ANZ to handle the entire AFSS process for you? We manage routine testing, accredited assessment, and lodgement support for buildings across NSW. Request a quote today
Your AFSS due date is fixed. It is set by the date of your first fire safety statement or by a council notice, and it does not change from year to year. The legislation stipulates that an AFSS must be submitted within 12 months from the date of the last AFSS submission. Failure to do so is an offence under the Act.
The most common mistake building owners make is leaving the process too late. Leaving the assessment to the final week before your anniversary date is one of the most common mistakes building owners make. Industry guidance recommends starting at least 90 days before your due date, because the inspection, defect rectification, and paperwork all need to be completed before the statement can be lodged.
If you are unsure of your due date, check with your local council or look at your previous AFSS lodgement confirmation.
The first and most critical step is engaging an Accredited Practitioner (Fire Safety), also known as an APFS. Building owners can no longer simply have a general handyman assess or maintain the fire equipment. Only an accredited practitioner (fire safety) is legally allowed to inspect, assess, and sign the AFSS.
It is crucial to find a practitioner who is accredited for all the specific essential fire safety measures in your building. The FPAA website has a public register you can use to verify this.
When engaging an APFS, confirm:
Fire Safe ANZ works with accredited practitioners across NSW to deliver end-to-end AFSS compliance support. Contact us to find out how we can help with your building.
Once engaged, the APFS will ask for all your existing fire safety documentation. This includes the previous year’s AFSS, the building’s original fire safety schedule (which lists all the essential fire safety measures the building is required to have), and maintenance records and logbooks for the past 12 months or longer. This document hunt is often the first hurdle. If you cannot provide a complete set of records, the APFS is already starting from behind, which can increase their assessment time and your costs.
Make sure you have on hand:
All Fire Safe ANZ clients have 24/7 access to their complete service records through our client portal, so this step is straightforward at AFSS time.
Inspections and testing must occur no more than three months before lodgement of the AFSS. This is a firm requirement. An assessment carried out outside the three-month window cannot be used to support lodgement.
During the assessment, the APFS physically inspects and tests every essential fire safety measure listed on your fire safety schedule. This typically includes:
The APFS verifies that each measure is performing to at least the standard specified in your fire safety schedule. Any defects identified must be rectified before the statement can be signed.
For a full breakdown of what is assessed during an inspection, read our guide: What to Expect From a Fire Safety Audit in Australia
If the assessment identifies defects, those issues must be resolved before the AFSS can be endorsed. Depending on the nature of the defect, this might involve:
Do not attempt to lodge an AFSS with known unresolved defects. The building owner is solely responsible for ensuring the AFSS is accurate and submitted on time. If the statement is found to be false or is submitted late, the fine comes to you, not your contractor.
For more on common defects that get discovered before lodgement, read: 5 Signs Your Building Will Fail Its Next Fire Safety Audit
Once all defects are resolved and the APFS is satisfied that every essential fire safety measure is performing to the required standard, they will endorse the AFSS using the standard NSW government form, available from the NSW Department of Planning.
The fire safety statement must be issued by an accredited practitioner (fire safety) using the standard form available on the NSW Department of Planning and Environment website.
Once the APFS has endorsed the statement, you as the building owner must sign it and then lodge it with two separate bodies:
To lodge a fire safety statement electronically, complete the Annual Fire Safety Statement submission online form. There is no charge applicable.
Most councils now accept electronic lodgement through their online portals. If you are unsure of your council’s lodgement process, contact them directly or check their website.
Lodgement is not the final step. A copy of the building’s current AFSS and fire safety schedule must be prominently displayed within the building. This is a separate legal requirement from lodgement and is checked during council inspections and fire safety audits.
The AFSS and fire safety schedule are typically displayed together in the building’s main entry lobby, fire indicator panel area, or a similarly prominent location accessible to occupants and emergency services.
The Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 does not give Council the ability to grant an extension of time to submit an AFSS. The legislation stipulates that an AFSS must be submitted within 12 months from the date of the last AFSS submission. Failure to do so is an offence under the Act. Council does however have discretionary power to provide additional time to submit your AFSS based on specific circumstances.
Offences can be subject to a court-imposed penalty of up to $110,000 or an on-the-spot fine for failing to provide an annual fire safety statement.
If you realise you are approaching your due date without a compliant assessment in place, contact Fire Safe ANZ immediately. The sooner we can begin the inspection and rectification process, the better your position.
It is worth noting that some buildings also require a Supplementary Fire Safety Statement (SFSS) in addition to the annual AFSS. A Supplementary Fire Safety Statement applies only to critical fire safety measures and is issued more often, at the interval set out on the schedule. Think of the AFSS as your yearly whole-building check and the SFSS as the focused check for high-risk systems that need tighter oversight.
Check your fire safety schedule to confirm whether any of your essential fire safety measures are designated as critical, as these will require more frequent assessment and statement lodgement.
Let Fire Safe ANZ take AFSS off your to-do list. We handle routine testing, accredited assessment, and lodgement support for buildings across NSW. Call 1300 553 566 or request a quote online
