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All owners of buildings categorised Class 1b to Class 9 under the Building Code of Australia must submit an Annual Fire Safety Statement (AFSS).
The statement confirms that an accredited practitioner (fire safety) has inspected, assessed and verified the fire safety measures for the building are capable of performing to the minimum standard of performance and there are no fire safety offences.
Class 1a buildings do not need an AFSS
Buildings classified as Class 1a under the Building Code of Australia do not need to submit an AFSS. These include single dwelling houses, terraces and villa houses.
If you are unsure whether this classification applies to your property, check the Building Code of Australia building classifications.
Annual Fire Safety Statement due dates
The Annual Fire Safety Statement (AFSS) must be submitted to Council within 12 months of the date the previous AFSS was lodged.
Council does not send a reminder letter when the AFSS is due and does not have the authority to alter the due date. It is the owner’s responsibility to submit the AFSS to Council on time and in accordance with s 89 of the Regulation.
It is an offence not to submit an AFSS to Council by the required due date. Council may issue the following penalties for each week the AFSS is overdue:
Time | Penalty |
---|---|
1 week overdue | $1000 |
2 weeks overdue | $2000 |
3 weeks overdue | $3000 |
4 weeks overdue | $4000 |
New developments
New developments require a final Fire Safety Certificate that is issued as part of the Occupation Certificate process. The certificate serves in place of the Annual Fire Safety Statement (AFSS) for the first 12 months.
A copy of the final Fire Safety Certificate must be displayed prominently within the building until the first AFSS is issued.
More information and a Fire Safety Certificate template can be found on the NSW Government website.
Submit an Annual Fire Safety Statement
All building owners must issue the Annual Fire Safety Statement (AFSS) using the standard template published by the NSW Government's Department of Planning. The AFSS template and supporting guidelines can be found on the Department of Planning website.
You must submit the AFSS to Council using our online lodgment form and complete payment. A copy of the Fire Safety Schedule must be submitted with the AFSS.
Submit an Annual Fire Safety Statement
You must also submit the AFSS to Fire and Rescue NSW.
A copy of the AFSS and Fire Safety Schedule must be prominently displayed in the building.
Changes to a Fire Safety Schedule
A fire safety schedule is a legal document that can only be issued or modified by a Registered Certifier, Council, Fire and Rescue NSW, or the NSW Building Commission in specific circumstances.
An accredited practitioner (fire safety) cannot issue a fire safety schedule or make changes to a fire safety schedule.
Reissue a fire safety schedule
Council may reissue a fire safety schedule under Section 80A of the Regulation, only to correct spelling errors. It is not possible to modify, alter, introduce or remove a fire safety measure or a minimum standard of performance by reissuing a fire safety schedule.
Building owners may apply online to reissue a fire safety schedule under s 80A of the Regulation. An application fee is required for Council to assess the application.
Applications for any changes other than correcting a spelling error will be refused, and the application fees will not be refunded.
Apply to reissue Fire Safety Schedule
Modify a fire safety schedule
Council may modify, alter, introduce, or remove a fire safety measure or a minimum standard of performance as part of a fire safety order in accordance with Schedule 5 of the Act.
You can request that Council consider modifying a fire safety schedule by submitting a written request via email to council@northsydney.nsw.gov.au.
This request must be supported by relevant documentation, including reports prepared by an accredited practitioner (fire safety), justifying the proposed changes.
Please note that applicable fees will be charged, and Council will recover all reasonable costs and expenses incurred in processing the request.
Fire safety servicing requirements
The NSW Government has introduced additional requirements to ensure fire safety measures are regularly serviced in accordance with Australian Standard 1851-2012, which apply from 13 February 2026.
Building owners are still required to maintain fire safety measures to a standard no less than that specified in the fire safety schedule or schedule of essential services for the building, in accordance with s 81 of the Development Certification and Fire Safety Regulation. In most circumstances, this is a higher benchmark than the proposed fire safety servicing requirements.
The new servicing requirements apply to owners of all buildings that have a fire safety schedule or a schedule of essential measures. If you are required to submit an AFSS to Council, the new servicing requirements apply to your building.
Australian Standard 1851-2012 is published by Standards Australia and includes specifications for the routine servicing of fire safety measures. The NSW Government has mandated compliance with AS 1851-2012, however, the standard is not publicly available for free. A copy of AS 1851-2012 can be purchased from Standards Australia for approximately $330.
Baseline data
'Baseline data' is a fire safety industry term used to describe the documentation that was used to document the design, installation and commissioning of a fire safety measure. Examples include the approved plans, specifications, test reports and certificates.
The Registered Certifier is responsible for obtaining, reviewing and approving baseline data at the time of building certification. All information relied upon by the Registered Certifier, including baseline data, must be submitted to Council for public record.
As the majority of buildings are certified by private Registered Certifiers, a significant number of certifiers have not submitted the required baseline data to Council. Council can only provide access to information that has been formally submitted and recorded.
An application may be lodged under the Government Information (Public Access) Act 2009 (GIPA) to view or obtain a copy of Council’s records.