Annual Fire Safety Statement (AFSS) in NSW —Guide for Building Owners, Managers & Builders

Fire safety compliance in New South Wales isn’t a once-a-year box to tick—it’s a year-round commitment that protects lives, property, business continuity, and your legal position. There is a commitment to the building owners, agent and managers to ensure that a compliant AFSS is submitted timely. So we have put together for you some information which explains what the AFSS is, why it matters, who’s responsible, how to prepare, what can go wrong, and how to make the whole process simpler and more cost-effective—especially for small and medium buildings.

What Is an AFSS?

An Annual Fire Safety Statement (AFSS) is a legal declaration that is to be submitted once every 12 months by the building owner, manager or authorized agent to confirm the following:

Every Essential Fire Safety Measure (EFSM) listed on the building’s Fire Safety Schedule has been inspected, tested, and verified as capable of performing to its required standard.
Egress and exit systems (stairs, paths of travel, exit doors), emergency lighting, and exit signage are functioning correctly.
The building is being maintained to the standards set out by the Building Code of Australia (BCA) and relevant Australian Standards (e.g., AS 1851 for routine service of fire protection systems and equipment).

The AFSS is submitted to local council and Fire and Rescue NSW (FRNSW) and must be displayed in a prominent and visible location (commonly at the main entrance, foyer etc). It is not merely paperwork—it’s a formal assurance that the building’s life-safety systems will work when needed.

The Legal Framework

The AFSS obligation sits under the Environmental Planning and Assessment (EP&A) framework in NSW. In practice that means:

Your Fire Safety Schedule lists the systems/measures your specific building must maintain (e.g., portable extinguishers, hydrants, sprinklers, detection and alarm, fire doors, mechanical smoke control, emergency lighting and exit signs, EWIS/OWS).
Each listed measure must be maintained to the nominated performance standard (which often references a particular Australian Standard or a specific design basis).
Every 12 months, an Accredited Practitioner (Fire Safety)—APFS—must assess the measures and a responsible person must sign the AFSS confirming compliance.

Tip: Keep your Fire Safety Schedule handy. If you’re unsure which measures are on it (or a copy can’t be found), ask council for the latest version or speak with your fire services provider.

Essential Fire Safety Measures (EFSMs): What’s Typically Included

Your EFSMs depend on the building’s class, size, use, age, and any fire engineering solutions, but commonly include:

Fire detection and alarm (smoke/heat detectors, panels, manual call points)
Automatic sprinkler systems (and associated pumps/valves)
Hydrants and hose reels
Portable fire extinguishers (correct type, location, signage)
Emergency lighting and exit signs
Fire doors, smoke doors, and fire-rated building elements
Mechanical smoke control and stair pressurisation
Emergency Warning & Intercommunication Systems (EWIS) or Occupant Warning Systems (OWS)
Paths of travel/egress (clear, illuminated, and appropriately signed)

For smaller buildings (retail, office suites, cafés, childcare, warehouses), the set may be modest—often extinguishers, hose reels, detection/alarms, and emergency lighting/exit signs—but each item must still be maintained, tested, and documented.

AFSS vs. Fire Safety Certificate vs. Supplementary Statements

It’s easy to mix up the documents. Here’s the simple split:

Fire Safety Certificate (FSC): Issued after new works (e.g., new building, fit-out, or upgrade) to certify that newly installed EFSMs comply with the approved plans/specifications.
Annual Fire Safety Statement (AFSS): The recurring yearly statement that your existing EFSMs have been maintained and still comply.
Supplementary Fire Safety Statement (SFSS): Sometimes required for critical measures at intervals shorter than 12 months (e.g., a six-monthly certification of a specific system).

Who’s Responsible for the AFSS?

The building owner holds the non-delegable legal responsibility to ensure the AFSS is completed and submitted on time. You can (and should) engage competent contractors, strata managers, or facility managers to conduct inspections and coordinate the process—but ultimate liability remains with you.

Key roles:

Owner/Agent: Ensures maintenance is done, arranges inspections, signs and submits.
APFS (Accredited Practitioner): Competently assesses each EFSM and endorses the AFSS.
Fire Services Provider: Performs routine service (AS 1851), repairs defects, and prepares systems for the APFS assessment.

Who Can Sign the AFSS?

The statement must be endorsed by an APFS (Accredited Practioner of Fire Safety) accredited under government scheme. Accreditation ensures the signatory has the right competencies and scope for the systems being assessed. In practice:

Your provider may have multiple APFS practitioners, each accredited for specific measures (e.g., detection/alarms vs. sprinklers vs. passive fire measures).
Don’t assume any technician can sign—check accreditation and scope against your Fire Safety Schedule.

Risk to avoid: Having a non-accredited or wrongly-scoped person sign can invalidate the AFSS and expose the owner to penalties or liability.

Penalties & Enforcement (What to Expect)

Councils enforce AFSS obligations using fire safety orders, penalty notices, and in serious or persistent cases court proceedings. Typical consequences can include:

Penalty notices for late submission
Fines for not displaying the AFSS in a prominent position
Orders requiring rectification works (with deadlines)
Increased scrutiny (follow-up audits, additional reporting)
In extreme cases, restriction of use or closure until made safe

Important: Penalty amounts and processes can vary by council and overtime. Treat published numbers as indicative only and check your council’s current schedule.

New Buildings: What Builders Need to Get Right

For builders, nothing burns time and margins like a late-stage fire compliance surprise. Keep projects on track by:

Locking EFSM scope early: Confirm the Fire Safety Schedule basis (BCA classification, performance solutions) and align design accordingly.
Coordinating trades: Avoid conflicts (e.g., ductwork blocking sprinkler coverage, ceiling recesses misaligned with detector spacing).
Witnessing commissioning: Attend critical commissioning tests so failures aren’t discovered at handover.
Establishing the maintenance regime: Set the owner up with a maintenance provider so the first AFSS (12 months post-occupation) is easy.

Builder example: A mixed-use development set ceiling heights higher than design; detector spacing had to change. Early coordination avoided an expensive re-work and handover delay.

Existing Buildings: Small Issues Become Big Problems

For owners and managers of existing assets:

Aging assets (panels, pumps, luminaires) tend to fail more frequently—budget for staged replacement.
Change of use (e.g., more stock, new machinery, kitchen expansion) may alter fire load or egress needs—review EFSM impact.
Minor works (new partitions, false ceilings) can compromise detector spacing or block egress—always check the fire implications.

Owner example: A café added high shelving along an exit path. During monthly checks, the obstruction was flagged and removed before an audit—preventing an AFSS failure and a council notice.

Ten Common Reasons AFSS Submissions Fail

Emergency lights not passing discharge tests.
Exit signage missing, damaged, or obscured.
Detectors obstructed by fit-out changes or too dirty to function.
Extinguishers out of date, wrong type, wrong location, or missing signage.
Fire doors not self-closing, wedged open, or with damaged seals/hardware.
Alarm faults left uncleared on the Fire Indicator Panel.
Hydrant/hose reel flow/pressure anomalies not investigated.
EWIS/OWS audibility issues in certain zones.
Passive fire penetrations not correctly sealed after services works.
Poor documentation—no logbooks, missing test sheets, or unclosed defects.

Prevention tip: A quick internal walk-through each month (between formal service visits) catches many of these before they grow teeth.

Worked Examples (Small Buildings & Real Numbers)

Example A — Retail Strip Shop (Class 6):

Measures: extinguishers, hose reel, emergency lights/exits, smoke detection to back-of-house.
Issues: two failed emergency lights; one extinguisher wrong rating for cooking risk.
Fix: swap to wet chemical in kitchen; replace two luminaires.
Outcome: Passed AFSS on first attempt; avoided council re-inspection fee.

Example B — Small Warehouse (Class 7b):

Measures: hose reels, hydrants, extinguishers, exit/egress, manual call point & local alarm.
Issues: re-racking reduced aisle width; pallets stacked into an egress path.
Fix: re-mark and enforce storage boundaries; test hydrant with flow certificate.
Outcome: AFSS lodged on time; implemented monthly supervisor checks.

Example C — Childcare Centre (Class 9b):

Measures: detection/alarm, emergency lighting/signage, door hardware, occupant warning.
Issues: detectors close to bathroom door causing nuisance alarms; one exit sign out.
Fix: relocate detector per spacing/airflow rules; replace sign; staff refresher on evacuation.
Outcome: Reduced false alarms, clean AFSS sign-off.

Example D — Mixed-Use Office with Café (Classes 5/6):

Measures: EWIS/OWS, detection/alarm, emergency lighting, extinguishers, hydrants.
Issues: new café fit-out created hot works penetrations and moved a detector.
Fix: certified fire-stopping; re-spacing and re-programming detection; update as-builts.
Outcome: All measures verified; AFSS achieved; no insurer queries at renewal.

Special Situations (Where Owners Get Caught Out)

Heritage Buildings: Upgrades may need sympathetic solutions; engage early to balance compliance and conservation.
Change of Use or Fit-Outs: A new tenancy or mezzanine can alter EFSM requirements; trigger a review before works begin.
Performance Solutions (Fire Engineering): Your obligations might differ from “deemed-to-satisfy” rules; keep the fire engineering report on file and ensure your provider understands it.
Shared Sites / Multiple Titles: Clarify who owns what (hydrants on common land, shared EWIS, etc.). Confusions will result in missed maintenance and gaps in submission of AFSS.
After-Hours Operations: Ensure alarms and occupant warning are tested without disrupting critical operations; plan tests to minimise business impact.

Integrating AFSS with WHS and Insurance

Fire safety maintenance sits neatly alongside Work Health & Safety responsibilities and insurer expectations:

WHS: Safe egress, working alarms, and emergency lighting form part of your duty of care to workers and visitors.
Insurance: Demonstrating routine maintenance and a current AFSS reduces claim friction and shows risk maturity.
Training/Drills: Brief tenants/staff annually; keep a written emergency plan and evacuation diagrams updated.

Choosing the Right Provider (Questions to Ask)

Confirm if the assessors you are engaging are accredited APFS under relevant jurisdiction.
Do you provide digital reports?
What’s your SLA for closing defects and urgent call-outs?
How do you handle obsolescence (e.g., end-of-life panels, luminaires)?
Can you provide references from similar buildings (size/use/class)?
How do you stage works to keep our business running while you test?

Red flags: Unclear scope, no accreditation, reluctance to share test sheets, or pushing blanket replacements without reason.

How SPS Fire and Safety Makes AFSS Easy

We (SPS) believe in simplifying the process by establishing clarity of compliance requirement and then by speeding up the process:

Routine Service (AS 1851): Monthly, six-monthly, and annual testing across all common EFSMs.
Defect Rectification: From emergency lights to panel faults and passive fire sealing.
APFS Endorsement: Accredited practitioners with the current and right accreditation for your measures.
Digital Evidence: Photo-rich reports, device lists, and an always-ready audit pack.
Cost Control: Bundled plans, multi-site pricing, and “repair-first” principles.
Deadline Discipline: we set reminders in our system and inform you timely to avoid last minute panic.

Whether you run a single shop, a small warehouse, a childcare centre, or a multi-tenant office, we tailor the service level to the risk and budget—without ever compromising safety.

Frequently Asked Questions (FAQs)

Q1: Our building is small—do we really need all this?
If you have a Fire Safety Schedule, you must maintain the measures listed and lodge the AFSS annually. Smaller buildings usually have fewer measures, but the obligation still applies.

Q2: Can our electrician sign the AFSS?
Only if they’re an Accredited Practitioner (Fire Safety) with scope matching your measures. Trade qualifications alone are not enough.

Q3: What if we miss the submission of AFSS prior to due date?
Expect penalty notices and follow-up from council. Act quickly—complete testing, fix defects, obtain APFS endorsement, and lodge. Proactive communication with council helps.

Q4: We’re getting nuisance alarms—can we turn detectors off?
No. Address the cause (e.g., relocate a detector, adjust spacing/airflow, fix environmental issues). Disabling detection risks safety and compliance.

Q5: Do tenants or owners pay?
Lease terms vary, but the owner is accountable for AFSS. Many owners recover costs via outgoings; clarify responsibilities in agreements.

Q6: How long does AFSS preparation take?
If routine service is up to date and defects are minor, days—not weeks. If major issues are found (e.g., failed pumps, non-compliant exits), schedule rectifications before the APFS endorsement.

The Takeaway

The Annual Fire Safety Statement is more than an annual form—it’s the public, legal, and practical confirmation that your building’s life-safety systems work. By keeping on top of routine service, fixing defects promptly, and partnering with an accredited, transparent provider, you can turn AFSS season from stressful to predictable and painless.

SPS Fire and Safety
📧 Email: sps@spsservices.com.au
📞 Phone: 1800 799 147
🌐 Website: www.spsservices.com.au

Stay safe. Stay compliant. And let’s make your next AFSS the easiest one yet.