The Building Commission NSW has announced an important update regarding the implementation of fire safety reforms that were initially slated to take effect in February 2025.
The final stages of these reforms, which include the mandatory frequency of fire safety servicing and the requirement for accredited practitioners to sign off on fire safety certificates, have now been deferred.
These changes, which impact building owners, strata managers, developers, and the fire safety industry, will now be phased in over the next two years, with key requirements expected to come into effect in 13 February 2026 and February 2027.
The reforms were introduced through the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 and were designed to reduce fire safety risks, minimise property damage, and lower the incidence of fire safety defects in both new and existing buildings.Â
Read the NSW Government Fact Sheet
Key Changes to Fire Safety ReformsÂ
- Defer by 12 months the mandatory requirement to comply with Australian Standard(AS) 1851 to 13 February 2026, which mandates the frequency of fire safety servicing and maintenance.Â
- Defer by 24 months the requirements that a fire safety certificate can only be issued if an assessment has been done by an accredited practitioner (fire safety) to 13 February 2027.Â
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Two Additional ChangesÂ
Enable mechanisms so that a Fire Safety Schedule can reflect work resulting from compliance action taken by Building Commission NSW.
- This amendment aligns with the Building Commission NSW’s process with how Building Work Rectification Orders (BWROs), Undertakings and the EPA (DCFS) Regulation are issued. It will allow a new Fire Safety Schedule (FSS) to be amended or issued following the completion of a BWRO or undertaking where the BWRO and undertaking had required changes to fire safety measures. Currently, this process is already in place when a Fire Safety Order is issued for a property.
- Â An FSS specifies each of the existing and proposed fire safety measures that apply to the building. The measures specified in the fire safety schedule will vary for each building and can include both essential and critical fire safety measures. This provision is expected to commence on 13 February 2025.
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Include housekeeping amendments aimed at correcting drafting errors, removing inconsistencies and clarifying ambiguities.
- The reforms also include housekeeping amendments that address drafting errors, inconsistencies, and ambiguities in the existing regulations. These amendments are designed to improve the overall clarity of the regulations. These provisions are also set to commence on 13 February 2025.Â
