Question: Our building manager says new fire protection laws require us to inspect all apartments’ fire-stopping penetrations in our 2003 building at a high cost. Is this required?
At a recent EGM for our 119-apartment complex in Zetland, NSW, our building manager advised of strengthened fire protection laws requiring the owners corporation to provide proof of sealing for fire-stopping measures within the walls of all apartments.
The building manager has suggested we penetrate the bathroom walls of all apartments to inspect whether they comply with the new fire regulations. This project would be costly and may require a special levy.
Our building was completed in 2003. Most owners feel this is an unreasonable requirement for an older building, particularly given that amendments to fire protection legislation a few years ago already subjected us to high costs to ensure compliance. Can we challenge these new requirements?
Answer: The new regulations do not require upgrades to fire-stopping penetrations, but if an Accredited Practitioner has concerns about passive fire performance, they may request further work before issuing an AFSS.
The new regulations do not require any upgrades or otherwise. There may be other reasons to assess penetrations, and we do recommend a passive register to ensure you know what you have and can track changes as they occur, but please be aware that the AS1851-2012 does not require this.
That said, if the Accredited Practitioner (Fire Safety) found something causing them concern about the performance of passive fire or penetrations, they may be able to request this before issuing an AFSS (Annual Fire Safety Statement).
Either way, your contractor and building manager should be able to explain the full reasons for the work in plain English before you agree to proceed, as the audit results could be extensive and expensive.
This post appears in the July 2026 edition of The NSW Strata Magazine.
Rob Broadhead
2020 Fire Protection
E: rob.broadhead@2020fire.com.au
P: 1300 340 210
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