NSW Fire Safety Regulation Reforms: What Building Owners Need to Know

Why Were These Reforms Introduced?

The NSW Government introduced reforms to the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 in December 2022. The changes came off the back of a report commissioned by the Office of the Building Commissioner, Improving fire safety in new and existing buildings, which identified gaps in how fire safety measures were being designed, certified and maintained across the state.

The core problem was straightforward: compliance with fire safety measures was inconsistent, documentation was patchy, and there was no standardised framework for ongoing maintenance. These reforms aim to fix that.

The changes affect building owners, developers, fire safety practitioners, certifiers, councils, and building practitioners. They’re being rolled out in stages, which means some obligations are already active and others are still coming.

What’s Coming: The 13 February 2026 Deadline

This is the change that carries the most weight for everyday building owners and maintenance teams. From 13 February 2026, two critical obligations become mandatory.

1. Maintenance Must Comply with AS1851-2012

Owners must maintain essential fire safety measures in all buildings (except single dwellings) in accordance with the procedures in Australian Standard AS1851-2012: Routine Service of Fire Protection Systems and Equipment.

This applies wherever the maintenance activity is addressed by that standard. And for fire safety practitioners, the same obligation applies: anyone maintaining essential fire safety measures in Class 1b to 9 buildings must follow AS1851-2012 procedures.

What does this mean in practice? If you have a contract with a maintenance provider who is not already servicing to AS1851-2012, that contract needs to be updated before the deadline. If you’re currently completing an annual fire safety statement, you are already required to maintain the essential fire safety measures in your building. The question is whether you’re doing it to the standard the regulation now mandates.

2. Accredited Persons Required for Fire Safety Certificates

From 13 February 2026 (or 18 months after an accreditation scheme is approved, whichever occurs first), owners must use an accredited person to certify newly installed fire safety measures before issuing a fire safety certificate.

It’s important to note that the existing accreditation scheme for Accredited Practitioners (Fire Safety), administered by the Fire Protection Association Australia, does not apply to this new function. A new accreditation scheme is being developed. Until that scheme is approved, building owners must continue to ensure a “properly qualified person” undertakes assessments before issuing a fire safety certificate for new building work.

The Full Reform Timeline at a Glance

What Does AS1851-2012 Actually Require?

Australian Standard AS1851-2012 covers the routine service of fire protection systems and equipment. It sets out specific inspection, testing, and maintenance frequencies and procedures for a wide range of fire safety measures, including:

• Fire detection and alarm systems
• Fire sprinkler systems
• Fire hydrant and hose reel systems
• Portable fire extinguishers
• Emergency lighting and exit signs
• Fire and smoke control systems, including kitchen exhaust and ventilation

For commercial kitchen operators and building managers with kitchen exhaust systems, this is particularly relevant. Kitchen exhaust systems play a direct role in fire prevention. Grease accumulation in exhaust ducts is one of the leading causes of commercial kitchen fires, and keeping those systems clean and serviceable is now a formal compliance requirement under AS1851-2012, not just a good practice.

What This Means for Kitchen Exhaust Cleaning

Kitchen exhaust cleaning has always been a fire safety issue. Grease deposits in ductwork, canopies, and exhaust fans create a serious fire risk, and in a busy commercial kitchen, that risk builds quickly.

Under the AS1851-2012 mandate, the maintenance of fire safety measures tied to kitchen exhaust and ventilation systems must now follow the standard’s procedures. That means scheduled servicing at the correct frequencies, properly documented inspections, and records kept in a format that supports your annual fire safety statement and any compliance audits.

If your current kitchen exhaust cleaning provider isn’t providing documentation that aligns with AS1851-2012 requirements, your fire safety statement could be at risk. And if you’re a building owner who manages multiple tenancies with commercial kitchens, this is a gap worth addressing now.

How to Prepare

The NSW Fair Trading guidance is clear: if you already have contracts with practitioners maintaining your fire safety measures to AS1851-2012, and they’re providing documentation in accordance with the standard, you’re in good shape. No major changes needed.

If not, here’s what to do:

• Review your current maintenance contracts and check whether AS1851-2012 compliance is specifically referenced.
• Ask your current provider whether their service procedures and documentation align with the standard.
• If your annual fire safety statement is due and your maintenance records don’t meet the standard, engage a compliant provider before your next statement date.
• For kitchen exhaust systems specifically, confirm that cleaning frequency and documentation match the requirements set out in AS1851-2012 and AS3666.

Don’t wait until your next compliance audit to find out there’s a gap. The regulation is already in effect, and the burden of proof sits with the building owner.