NSW Fire Safety Rules Changed in 2026: What Strata Committees Must Check Now
Start with the boring documents
- Check the fire safety schedule before arguing about quotes.
- Confirm the contractor is maintaining systems to AS 1851, not a looser habit from previous years.
- Treat every open fire defect as a dated risk item, not a vague maintenance note.
Fire safety in strata usually stays invisible until a door fails, an alarm panel faults, a contractor refuses to sign the Annual Fire Safety Statement, or council starts asking questions. By then the committee is no longer deciding whether to be organised. It is deciding how expensive disorganisation will be.
The 2026 change is simple enough on paper. From 13 February 2026, NSW apartment buildings must have essential fire safety systems inspected and tested regularly under Australian Standard AS 1851, unless the building has an applicable performance solution. For committees, the practical effect is not just another compliance acronym. It changes what needs to be in the maintenance contract, what evidence should be kept, and how quickly defects need to be dealt with.
This is especially important for older apartment buildings that have been running on a "tick and flick" style annual inspection. If the contractor now applies AS 1851 properly, the same building may suddenly receive more defects, more recommendations, and more urgent rectification quotes than owners are used to seeing.
What AS 1851 Actually Changes
AS 1851 sets out routine servicing requirements for fire protection systems and equipment. In an apartment building, that can include fire doors, smoke detection, alarm panels, hydrants, hose reels, sprinklers, exit signs, emergency lighting, smoke control systems and other measures listed on the building's fire safety schedule.
The important document is the fire safety schedule. It tells you which essential fire safety measures apply to your building. A small 1970s walk-up will not have the same list as a modern high-rise with sprinklers, mechanical smoke control and multiple evacuation systems.
The Annual Fire Safety Statement, or AFSS, is the annual sign-off that those measures have been assessed and are capable of performing to the required standard. The AFSS does not fix the building. It records whether the building's listed measures have been assessed by an accredited fire safety practitioner and whether they are in a condition that can be certified.
That distinction matters. A committee cannot solve fire safety by asking for the certificate. It needs to manage the work that makes the certificate possible.
The Committee Checklist
Start with the fire safety schedule. If the committee cannot produce it, ask the strata manager, council or the fire contractor. Do not rely on last year's AFSS alone. The schedule is the source document.
Review the current fire maintenance contract. It should expressly say that the contractor is inspecting and testing in accordance with AS 1851, or explain why a different approved performance solution applies. If the contract is vague, ask for written clarification.
Ask for a current defects register. This should identify each defect, the affected asset, when it was found, whether it is critical or non-critical, the recommended action, who is responsible, and the target completion date.
Check fire doors carefully. Fire doors are one of the most common weak points in apartment buildings because residents wedge them open, replace hardware, paint over tags, damage closers or install unauthorised security devices. A door that looks ordinary can be a failed fire safety measure.
Walk the evacuation paths. Stairwells, corridors, exits and fire-isolated passages should not become storage areas. Bikes, prams, furniture, boxes and renovation materials in common corridors are not just untidy. They can become obstruction and fuel.
Confirm the AFSS due date and submission process. In NSW, the statement must be given to council and Fire and Rescue NSW, and displayed in the building. Missed dates can become penalties, insurance problems and buyer due diligence issues.
Budget for rectification before the annual inspection. If the committee waits until the contractor refuses to sign, every defect becomes urgent. Urgent fire work is rarely cheap.
Keep evidence. Minutes, quotes, work orders, inspection reports, photos, certificates and correspondence should all sit in one place. If a fire safety issue later becomes a dispute, the building's best defence is a clean record of what it knew and what it did.
Questions to Ask the Fire Contractor
The first question is direct: "Are you maintaining our building's essential fire safety measures in accordance with AS 1851?"
The next question is: "Which measures on our fire safety schedule are you responsible for, and which are outside your scope?"
That second question often exposes gaps. One contractor may service the alarm panel and emergency lighting but not the fire doors. Another may inspect hose reels but not smoke dampers. Committees often assume the word "fire contractor" covers everything. It does not.
Ask how defects are graded. A critical defect should trigger immediate action. A non-critical defect still needs a timeline. If every issue is treated as low priority until the AFSS deadline, the system is not working.
Ask whether access failures are being recorded. If contractors cannot enter plant rooms, locked risers, roof areas or particular lots where required, the committee needs to know. Failed access can become a failed inspection.
Ask what changed in 2026. A competent contractor should be able to explain whether the building's servicing scope has changed because AS 1851 is now being applied more rigorously. If the answer is a shrug, find someone who can explain it properly.
What Owners Often Get Wrong
Owners often hear "fire safety" and assume the building is being forced to install a completely new system. Sometimes that happens, but it is not the starting assumption. The immediate question is whether the systems already listed for the building are being maintained, tested and certified properly.
Owners also assume that if the building received last year's AFSS, it must be safe. That is not how compliance works. Last year's statement is not a warranty for this year. A fire door can be damaged tomorrow. An alarm panel can fault next month. Emergency lighting batteries can fail between inspections.
The other mistake is treating fire safety defects as optional maintenance. A leaking tap and a failed fire door are not the same category of problem. One is annoying and potentially costly. The other affects evacuation, insurance and legal liability.
Insurance and Resale Consequences
Fire safety records increasingly affect insurance conversations. An insurer or broker may ask whether the building has a current AFSS, whether defects are outstanding, and whether essential systems are being maintained under the required standard. A building with unresolved fire defects can expect harder questions.
Buyers also notice. A strata report that shows repeated fire defects, overdue AFSS submissions or urgent rectification works can change a buyer's view of the building. It does not always kill a sale, but it can shift the negotiation.
The committee should assume that anything in the fire safety file may eventually be read by a buyer, insurer, lawyer, council officer or tribunal member. That is not a reason to hide problems. It is a reason to document action.
What UnitBuddy Tracks
UnitBuddy can track the fire safety schedule, AFSS due dates, contractor scopes, defect registers, quotes, approvals and completion evidence in one place. The value is not just the reminder. It is the history.
When the committee changes, the next group should be able to see the last inspection, the open defects, the responsible contractor, the due date and the decision record without digging through three inboxes.