Starting February 13, 2025, apartment owners across New South Wales will see new fire safety regulations come into effect. Compliance with the Australian Standard AS1851-2012, which provides a framework for inspecting, testing, and maintaining fire safety systems, will become mandatory (unless your building is built pre July 1988). This blog will outline the key aspects of these changes, why they matter, and how owners can prepare to avoid penalties and ensure safety.
Understanding AS1851 and Its Purpose
The AS1851 standard is designed to ensure that fire protection systems, like smoke alarms, sprinkler systems, and hydrants, remain operational and effective in emergencies. While AS1851 has long been considered a best practice, it will now be a legal requirement in NSW, compelling apartment owners to align their fire safety processes with its guidelines. This shift aims to ensure that fire systems are functional, reducing risks to occupants and properties and lowering potential fire-related costs.
Impacts on Apartment Owners
These regulatory changes are part of the NSW Environmental Planning and Assessment (EP&A) Regulation 2021. Here’s what apartment owners need to consider:
Mandatory Routine Inspections: The AS1851 standard requires inspections at various intervals, such as monthly, yearly, and even every 30 years for some fire protection systems. This adds to the need for skilled professionals to handle the required testing and maintenance.
Strict Record-Keeping Requirements: Owners Corporations must keep detailed records of fire safety inspections and maintenance for a minimum of seven years. These records must be available on-site, enabling prompt review by local authorities. Failure to maintain adequate documentation can lead to substantial penalties.
Consequences of Non-Compliance
Failing to comply with AS1851 carries severe legal and financial risks:
Substantial Penalties: Non-compliance can result in fines up to $66,000 for each instance of missed or delayed maintenance and further penalties for inadequate documentation.
Insurance Challenges: Insurance claims related to fire damage may be denied if fire safety systems are not maintained per AS1851 standards. In such cases, owners would be left with considerable financial exposure if a fire occurs.
Legal and Liability Risks: Owners Corporation may face increased liability if it’s shown that lapses in fire safety contributed to incidents. This can lead to costly legal settlements or even long-term reputational damage.
Expected Increase in Maintenance Costs
For buildings that have not yet aligned with AS1851 requirements, compliance may entail higher costs:
More Frequent Testing: AS1851 requires more frequent checks, which could increase the demand for professional services, potentially leading to higher costs.
Expanded Maintenance Requirements: Many older systems may need significant upgrades or even replacements to meet the AS1851 standards, which can drive up both immediate and ongoing costs.
Additional Record-Keeping: Complying with the new record-keeping rules may increase administrative expenses for secure, long-term storage of documentation on-site.
Steps for Owners Corporations to Prepare
To prepare for AS1851 compliance and mitigate potential risks, it’s critical to take the following steps:
AS1851 adherence: Owners Corporations should check with their fire safety practitioner provider to understand if they already align with AS1851 requirements e.g. are systems tested monthly?
Budget for Compliance: Increased inspection and testing frequency may mean higher maintenance budgets. Planning early can help offset the costs and reduce the financial impact on residents.
Keep Up-to-Date Documentation: Ensure your building’s fire safety records are current and accessible. This will help avoid penalties, reduce liability risks, and demonstrate a commitment to resident safety.
Navigating the strata landscape can be complicated, especially with the frequently changing legislation and regulations such as compliance with AS1851. These changes often mean new responsibilities and often serious consequences for non-compliance for Owners Corporations. Keeping up with these regulations can be overwhelming, especially as legislation continues to change and evolve. Engaging an experienced strata manager like Compass Strata can give you peace of mind, ensuring that your property remains compliant, safe, and prepared for any regulatory updates.
