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In densely populated cities like Sydney, strata living is an increasingly common housing model. Whether you reside in a high-rise apartment, townhouse complex, or mixed-use building, fire safety compliance is not merely a regulatory checkbox — it’s a critical responsibility that affects everyone within the community.

The Strata Fire Safety Compliance Framework in New South Wales is built to ensure the wellbeing of occupants, protect assets, and uphold public safety standards. Failure to meet these obligations can lead to legal penalties, financial liabilities, and, more importantly, increased risk to life and property. This article explores why compliance matters, what’s involved, the potential consequences of neglect, and who plays what role in meeting fire safety obligations.

The Importance of Fire Safety in Strata Properties

Modern strata buildings are designed to house dozens or even hundreds of people within a single structure. This level of cohabitation makes fire prevention and emergency readiness a shared concern, demanding collective awareness and action.

Understanding Fire Risk in Shared Living Environments

Unlike standalone homes, strata dwellings share infrastructure such as walls, ceilings, corridors, ventilation systems, and electrical wiring. These shared facilities present unique fire hazards that can accelerate the spread of fire and smoke if not properly managed.

• The proximity of dwellings increases the chance that a small fire in one unit will affect adjacent apartments.
• Vertical layouts in high-rise buildings can funnel smoke through stairwells and ducts, impacting residents on multiple levels.
• Shared utility systems, including power boards and gas connections, may amplify risk if not adequately maintained.
• Limited evacuation routes make timely detection and coordinated responses critical in emergencies.
• Storage in common areas (e.g., basement carparks or hallways) can obstruct exits or add fuel loads during a fire.

Understanding these risks is the first step toward building a culture of safety within your strata community.

Legal and Community Responsibilities

The strata fire safety compliance in NSW is governed primarily under the Environmental Planning and Assessment Regulation 2021. This legislation outlines specific duties for strata schemes, including installation, maintenance, certification, and reporting of essential fire safety systems.

• Owners corporations are legally required to ensure their building complies with all current fire safety standards, regardless of size or occupancy type.
• Residents and lot owners are expected to comply with by-laws related to fire safety, such as not obstructing common areas, keeping fire doors closed, and avoiding unauthorised modifications to their units that affect fire protection systems.
• Visitors and short-term occupants also have responsibilities, particularly in terms of evacuation protocols and maintaining access to exits.

The combination of legal mandates and ethical accountability ensures that all individuals in a strata setting contribute to fire safety outcomes.

What Fire Compliance Involves

Fire safety compliance for strata properties goes well beyond the installation of smoke alarms. It involves an interconnected system of infrastructure, planning, record-keeping, and professional oversight to ensure that all fire protection systems are functional, accessible, and legally certified.

Essential Fire Safety Measures (EFSMs)

Every strata building must incorporate Essential Fire Safety Measures that suit its structural and functional needs. These measures are tailored during construction and must be maintained over the building’s lifetime. Common EFSMs include:

• Automatic Fire Detection and Alarm Systems: These are hardwired systems that monitor smoke, heat, or gas and trigger alerts for evacuation. Alarms must meet Australian standards and be tested regularly.
• Fire Hydrants and Hose Reels: Located throughout common areas and basements, these systems allow emergency responders and residents to combat fires in early stages. Pressure levels and hose integrity must be professionally checked.
• Portable Fire Extinguishers: Positioned strategically, these extinguishers are designed for specific types of fires (electrical, flammable liquids, etc.). They must be accessible, unobstructed, and serviced semi-annually.
• Emergency and Exit Lighting: These systems illuminate escape routes during power failures and must operate continuously for a minimum duration during emergencies. Battery backup systems are also tested.
• Fire Doors and Compartment Walls: Designed to resist the spread of fire, these passive systems compartmentalise sections of the building. Doors must remain self-closing and never be wedged open.
• Smoke Control and Ventilation Systems: Installed in stairwells, lift shafts, and plant rooms, these systems remove smoke from escape routes to maintain visibility and oxygen flow during an evacuation.

Maintaining EFSMs is not optional. All must be maintained according to the schedule defined under AS 1851 and other relevant Australian standards.

Annual Fire Safety Statements (AFSS)

The Annual Fire Safety Statement is a compulsory document that all strata buildings must submit annually to their local council and Fire and Rescue NSW. It confirms that fire safety measures have been inspected and found to be compliant by an accredited practitioner.

• Preparation: A fire safety contractor or certifier inspects all EFSMs in the building to confirm they meet installation and performance standards.
• Submission: The signed AFSS must be lodged with the local council and Fire and Rescue NSW by the due date. One copy must also be displayed prominently within the building’s entryway.
• Legal Sign-off: The AFSS must be signed by a representative of the owners corporation, such as the strata committee chairperson or managing agent, signifying legal responsibility for the statement’s accuracy.

Non-compliance or false declarations can lead to serious legal consequences, including fines and prosecution.

Ongoing Maintenance and Inspections

Compliance is not achieved once a year; it’s an ongoing process. Fire protection systems require routine inspection, testing, and maintenance, often by multiple specialists.

• Monthly checks may include emergency lights, smoke detectors, and visible extinguisher condition.
• Quarterly inspections typically cover system functionality testing, fluid levels, and minor replacements.
• Annual servicing involves detailed checks of all EFSMs, replacing expired components, and issuing reports.
• Record management is crucial. Maintenance logs must be retained and made available to auditors, local councils, and potential purchasers.

A proactive maintenance approach prevents costly last-minute repairs, avoids AFSS submission delays, and maintains insurance eligibility.

Consequences of Non-Compliance

Neglecting fire compliance exposes a strata scheme to legal, financial, and reputational damage, not to mention the human toll of an uncontained fire.

Legal Penalties and Fines

NSW councils enforce fire safety laws with powers to:

• Issue fines starting from $1,000 and increasing for repeat or prolonged non-compliance.
• Serve fire orders, which require urgent rectification of unsafe conditions and may involve expensive repairs.
• Prosecute offenders under planning legislation, leading to court appearances and higher penalties.
• Conduct audits and site inspections, especially if complaints have been received or previous issues were identified.

These enforcement actions may also be published, impacting the public profile of the strata scheme.

Insurance and Liability Risks

Insurance providers assess the risk profile of a strata building based on its compliance history. Poor documentation or overdue certifications can result in:

• Declined insurance claims, particularly if a fire-related incident occurs while compliance measures are overdue or inoperative.
• Policy cancellation or premium hikes, on non-compliant buildings, are seen as higher risk.
• Exposure to personal liability, particularly for committee members who failed to act on known issues. Legal liability may extend to financial losses or personal injury claims by residents.

Insurance coverage is a financial safeguard, but only if all legal obligations are met and provable.

Impacts on Residents and Property Value

Non-compliance doesn't just affect the legal standing of a strata scheme — it can significantly harm the everyday experience and financial security of its residents:

• Evacuation delays or confusion due to poor signage or non-functional alarms can increase injury risk in an actual emergency.
• Tenant dissatisfaction can lead to increased turnover, rental vacancies, and lower rental yields.
• Reduced resale value, as buyers and investors conduct due diligence and may withdraw or demand lower purchase prices if fire safety documentation is lacking.
• Negative media exposure or reputation, especially if legal action or a fire-related incident becomes public knowledge.

Maintaining compliance helps preserve the community’s quality of life and protects financial investments.

Roles and Responsibilities in a Strata Scheme

Fire safety compliance is not just a shared duty — it must be actively managed through clearly assigned responsibilities.

Owners Corporation and Strata Committee Duties

The owner's corporation is ultimately accountable for compliance and must:

• Allocate budgetary resources for scheduled inspections, maintenance contracts, and equipment upgrades.
• Review inspection reports and act swiftly on any identified deficiencies, ensuring no gaps remain unresolved.
• Approve contractor engagement and ensure that all service providers are licensed and experienced in fire protection for strata properties.
• Keep accessible records of all certifications, testing logs, and AFSS submissions for at least seven years, in accordance with NSW Fair Trading requirements.

Strata committees, acting on behalf of the owner's corporation, oversee the practical execution of these tasks and ensure they align with legislative timeframes.

Strata Managers and Fire Safety Contractors

Strata managers serve as professional administrators and play a vital role in coordinating fire compliance logistics:

• Liaise with councils and certifiers, ensuring submissions are on time and complete.
• Track deadlines, especially for the Annual Fire Safety Statement, to avoid fines and disruptions.
• Communicate with contractors, resolving access issues and arranging building entry for inspections and repairs.
• Advise committees on best practices and upcoming regulatory changes.

Fire safety contractors are responsible for the technical delivery of inspections, maintenance, and certifications. Choosing reputable, insured, and accredited contractors reduces risk and ensures accuracy in compliance documentation.

Contact Strata One for Fire Compliance Support

Maintaining strata fire safety compliance in NSW requires coordination, planning, and technical expertise. We know how complicated and time-consuming it can be, which is why at Strata One, we work closely with committees, managers, and residents to simplify fire compliance across Sydney.

Whether your strata scheme needs support with Annual Fire Safety Statements, contractor coordination, maintenance schedules, or general fire safety education, we offer professional solutions that keep your building safe, compliant, and ready for inspection.

Contact Strata One today to get professional fire compliance support that meets your building’s unique requirements and exceeds industry standards.