This article is about the delay and changes to fire safety reforms in NSW, Australia, including increased inspection frequency, stricter record-keeping, and higher penalties for non-compliance, impacting owners corporations and requiring them to plan for increased costs and administrative burden.
The Building Commission NSW has announced a delay in the implementation of planned fire safety reforms. Originally scheduled for February 2025, these reforms will now be rolled out in 2026 and 2027.
New regulations will significantly impact owners corporations, owners, strata managers, developers, and fire safety professionals. These changes, stemming from the Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Fire Safety) Regulation 2022, aim to bolster fire safety standards and increase accountability.
What’s Changing?
The biggest shift involves aligning AFSS inspections with Australian Standard 1851-2012. This means:
- Increased Inspection Frequency: Seven critical fire safety measures now require monthly servicing, a significant jump from previous requirements.
- Stricter Record-Keeping: Detailed records of all inspections, including any missed servicing, must be kept onsite for at least seven years. These records must be readily available for inspection by authorities.
- Zero Tolerance for Non-Compliance: Failure to adhere to these new rules can result in hefty fines of up to $66,000 per incident.
The Impact on Your Owners Corporation
These changes translate to:
- Increased Costs: Expect a rise in maintenance costs due to more frequent inspections and potential repairs.
- Heightened Risk: The potential for costly fines adds a significant layer of risk for your Owners Corporation.
- Increased Administrative Burden: Maintaining comprehensive records and ensuring compliance with the new regulations will require careful planning and diligent record-keeping.
What Can Owners Corporation Plan Ahead for?
- Avoid the Rush: Schedule inspections and engage qualified fire safety practitioners early to avoid last-minute delays and potential penalties.
- Budget Accordingly: Factor in the increased costs of inspections and potential repairs into your financial planning.
- Review Existing Records: Gather all necessary fire safety records and ensure they are readily available for inspection.
- Consult with Experts: Seek guidance from strata compliance experts who can provide tailored advice on navigating these new regulations.
- Fire Safety By-laws: Reduce your risk and consult JS Mueller & Co Strata Lawyers to ensure your fire safety by-laws are current
New Key Dates and Changes
These new AFSS requirements are a significant shift. By proactively addressing these changes, your owners corporation can ensure compliance, mitigate risks, and protect the safety and value of your property.
For more information including the new key dates and changes scheduled for 2026 and 2027 visit NSW Government
Strata, Mitigate your Risk…
It is critical that you prepare and ensure you are across the new regulations, new key dates and in preparation your fire safety by-laws are up to date.
Adrian Mueller
JS Mueller & Co Lawyers
E: [email protected]
P: 02 9562 1266
This post appears in Strata News #730.
If you have a question or something to add to the article, please leave a comment below.
Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.
JS Mueller & Co Lawyers has been servicing the strata industry across metropolitan and regional NSW for over 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection.
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This article has been republished with permission from the author and first appeared on the JS Mueller & Co Lawyers website.
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