Fire safety is not just about compliance. It is a key legal duty that helps protect lives and properties and long-term peace of mind for owners, residents, and contractors. With a significant rise in lithium battery-related fires across strata properties, awareness and proactive risk management have never been more important. From e-bikes and scooters to household devices, lithium batteries pose unique fire hazards that require targeted safety strategies.
Managing fire safety risks requires administrative vigilance and proactive community planning to maintain compliance with strict safety standards under Work Health and Safety (WHS) obligations and additional state fire safety regulations.
Owners corporations and body corporates have a duty to identify fire hazards, implement effective controls, and ensure emergency procedures are up to date and accessible. This article outlines key responsibilities, risk management strategies, and practical tools to help strata committees stay compliant and prepared.
While fire safety is a national priority, the specific legal obligations for owners corporations and body corporates vary across Australian states and territories. Each jurisdiction has regulations, codes, and compliance frameworks that must be followed. Below is an overview of key areas per state.
Fire safety obligations still apply to all owners corporations or body corporates, regardless of whether or not the building is required to lodge specific certificates or statements with the local council. This duty includes maintaining fire alarms, extinguishers, exit signs, and evacuation plans that are regularly inspected, tested, and kept in working order to meet the standards set by each state or territory.
Strata buildings in New South Wales must comply with various fire safety obligations under the Environmental Planning & Assessment Regulation, Strata Schemes Management Act, and recent NSW Fire Safety Reforms. Here are the key requirements:
Under the Environmental Planning & Assessment Regulation, many strata buildings must submit an AFSS to confirm that all essential safety measures (EFSMs), such as sprinklers, alarms, fire doors, and exit lighting, are functional.
The following key points outline obligations for building owners and managers in submitting their AFSS:
From 13 February 2026, building owners in NSW must maintain all EFSMs in accordance with Australian Standard AS1851-2012, ensuring systems are routinely inspected, tested, and certified to meet compliance requirements.
A FFS lists all fire safety measures required for a building, and must be issued when:
Assessments and inspections for AFSS/SFSS must be done by an APFS. The NSW Planning guidance explains how owners can select a practitioner and keep records of competence checks. Some buildings may need multiple practitioners to cover all measures.
Strata schemes are encouraged to develop a comprehensive building manual that includes key operational and safety details, such as:
Committees should allocate budget for ongoing fire safety compliance and maintenance, including:
All decisions (e.g. opting not to lodge AFSS) must be formally recorded and minuted. Strata schemes must maintain common property and fire safety systems under:
In NSW, smoke alarms are a legal requirement in all residential buildings to ensure early warning and safe evacuation during a fire.
Buildings must maintain a current FEP to ensure occupants are prepared for emergencies. The plan must:
Under Queensland’s Building Fire Safety Regulation (BFSR) 2008, buildings must maintain and certify the performance of essential fire safety systems – including alarms, sprinklers, hydrants, and exit lighting. This requires:
To ensure safe and compliant evacuation procedures, body corporates must provide clear and accessible evacuation information, including:
Queensland’s BFSR outlines mandatory training requirements for individuals working in or managing the building, including:
While lot owners are responsible for in-unit alarms, bodies corporate must maintain common area detection systems in line with QDC MP6.1 and keep proper records.
High-occupancy buildings in Queensland are required to appoint a qualified Fire Safety Adviser (FSA) to oversee fire safety compliance and training. The FSA must:
Be responsible for coordinating evacuation training, fire safety practices, and regulatory compliance.
In Victoria, buildings are legally required to include and maintain ESMs to protect occupants in the event of an emergency. These measures must be properly installed and regularly maintained by the building owner or owners corporation, and apply to both common areas and shared infrastructure:
Clear evacuation signage and unobstructed access routes are critical components of building safety:
To demonstrate compliance with fire safety obligations, building owners in Victoria must prepare an AESMR under Regulation 223 of the Building Regulations 2018. This report confirms that all essential safety measures have been properly maintained and are functioning as intended.
Smoke alarms are mandatory in all residential dwellings and must comply with AS 3786. Owners corporations should:
Maintaining fire safety on common property is a key safety responsibility under the Model Work Health and Safety (WHS) Regulations and often involves the following key duty holders:
Specific WHS fire safety obligations also apply to owners corporations and body corporations that are legally considered as a persons conducting a business or undertaking (PCBUs) or a person with management and control of a workplace (PMCW). This is typically the case if a worker or contractor is employed to do repair and maintenance work on common property within mixed-use residential and commercial property.
In this scenario, the common property is deemed a ‘workplace’, which requires the owners corporation or body corporate to establish a work health and safety risk management system that aligns with regulatory standards.
This duty includes exercising due diligence by keeping knowledge of fire safety current, verifying that risk controls are implemented, and ensuring adequate resources are allocated.
Any attempts to contractually alter this responsibility would not be valid. However, duty holders can cooperate and coordinate to avoid duplicated efforts and meet all obligations.
For instance, a worker could also be an officer or an independent contractor (a PCBU).
In this case, each person must meet their duty to the required standard, retain responsibility, and consult, coordinate, and cooperate with other duty holders.
It is the duty holder's responsibility to manage risks by eliminating them as far as reasonably possible or, if not feasible, to minimise the risks. The term 'reasonably practicable' refers to doing everything within one's power to ensure safety within the workplace or common property.
Under WHS laws, PCBUs must also eliminate or minimise fire risks as far as reasonably practicable. Below is an overview of the core duties when it comes to WHS fire safety emergency procedures:
At a minimum, every building should have an emergency plan with procedures for evacuation, contacting emergency services, and communication. It should be accessible, reviewed, and kept current, and it can be aligned with or incorporated into your fire and evacuation documents required under building law.
This duty integrates with legislated fire safety documents (e.g. FEP in QLD, AFSS in NSW, AESMR in VIC), and requires owners corporations and body corporates to develop a tailored written plan which includes:
Providing clear training and information ensures that residents, staff, and contractors understand their roles and responsibilities during emergencies, including evacuation procedures, alarm responses, and the use of fire equipment. This includes processes for educating stakeholders on:
Regular testing and maintenance are essential to ensure that emergency procedures and fire safety systems remain effective and compliant.
This helps align emergency plans with contractors, cleaners, onsite management, delivery staff, and tenants.
If multiple duty holders (e.g. onsite staff, contractors) operate within the strata property, PCBUs must consult, cooperate, and coordinate on emergency planning, possibly through a shared master emergency plan.
State | Legislation |
NSW | |
QLD | Work Health and Safety Regulation 2011 (Qld) – Subdivision 3 |
VIC |
Fulfilling these fire safety obligations is especially important if your owners corporation or body corporate is classified as a person conducting business or undertaking (PCBU). Failure to meet WHS obligations can result in legal liability, severe financial penalties, and an increased risk of accidents on common property. These costs extend beyond fines and can impact insurance, property value, and resident safety.
Owners corporations or body corporates that neglect fire safety may face:
The first step in the risk management process involves identifying hazards across common property. This means recognising objects or situations that could pose a risk to people’s safety.
Alarms, sprinklers, extinguishers, and emergency lighting that fail to operate as intended pose serious risks during emergencies.
Blocked corridors and exits can delay evacuation and increase danger during a fire.
Fire doors that don’t self-close or are deteriorated compromise compartmentalisation and fire containment.
Outdated materials, including combustible cladding, can accelerate fire spread and increase structural risk.
Residents and staff unfamiliar with evacuation procedures may respond poorly in emergencies, increasing risk.
Storing flammable materials in common areas creates unnecessary fire hazards and violates safety regulations.
Once hazards are identified, the next step is to evaluate and prioritise the situation based on the severity and likelihood of the risks.
Using the risk assessment matrix in your Community Health & Safety Guide will help identify the likelihood of an incident that may cause harm. Then, the possible severity level will be selected based on the consequences that could result from the risk or hazard. The result from this table will generate a risk score, which may assist in showing how soon the hazard needs to be addressed. Please refer to the risk matrix below for more detailed information on prioritising and action incidents.
With a general understanding of the hazard, owners corporations and body corporates should seek licensed and accredited fire safety service providers for a more detailed risk assessment.
Effective fire safety starts with knowing who could be affected. This includes residents, visitors, contractors, and onsite staff. By identifying these groups, you can tailor your emergency plans and safety measures to protect everyone in the building.
Fire hazards can come from many places, such as faulty wiring, blocked exits, or flammable materials. These risks are often hidden, so regular inspections by qualified professionals are essential. Spotting the source early helps prevent emergencies before they happen.
Understanding the consequences of fire hazards is key. A minor issue can lead to serious injury, property damage, or even loss of life. Areas with high foot traffic or vulnerable occupants need extra attention to reduce the chance of harm.
Installing safety measures is only the first step - regular testing and maintenance are essential to ensure they function when needed. This includes checking alarms, inspecting fire doors, and conducting evacuation drills regularly. If controls are outdated or missing, update them to ensure your building stays safe and compliant.
Once risks have been identified and evaluated, the next task is implementing control measures to address the issue. This is important as WHS regulations require duty holders to demonstrate that adequate action has been taken to manage the risk.
The ideal course of action is always to remove the hazard at its source. Simple issues can sometimes be addressed quickly using existing control measures. However, other hazards may demand more time, effort, and planning.
If removing the risk at the source isn’t feasible, the next step should be prioritising and taking action on safety measures based on their effectiveness and reliability in minimising harm using the hierarchy of controls. This framework helps create a structured, best-practice approach to help duty holders manage hazards based on their effectiveness and reliability in minimising harm. Below is an overview of each stage of the hierarchy of controls from most to least effective.
The most effective way to control risks is through elimination, which completely removes the source of the hazard. Some measures can include:
When it’s not feasible to eliminate the source of the hazard, it is best to minimise the impact by substituting or replacing a hazard with something that gives rise to a lesser risk.
Engineering controls are physical measures that can be used to help minimise risk. This can include:
Administrative controls are strategies for implementing rules and procedures to manage hazards and help minimise the risk to others on the property. Some measures can include:
Alongside other safety measures, giving workers the proper safety equipment or PPE can add an extra layer of protection against hazards. Some measures can include:
Schedule routine inspections of fire safety systems, including alarms, extinguishers, fire doors, and evacuation routes. These checks should be performed by qualified professionals and documented to ensure compliance and accountability.
Track fire-related incidents, near misses, and resident feedback to identify recurring issues or gaps in safety measures. A centralised system should be used to log and analyse this data, helping inform future improvements and risk mitigation strategies.
Emergency plans should be reviewed at least once a year, or after any major changes to the building, occupancy, or staffing. Updates should reflect current contact details, evacuation procedures, and support for vulnerable occupants. Fire drills help test the plan and identify areas for improvement.
Keep up to date with changes in fire safety regulations and standards. Subscribe to updates from Safe Work Australia and your local fire authority. Regular training and communication with stakeholders ensure everyone understands their roles and responsibilities in maintaining fire safety.
Further guidance on the risk management process and the hierarchy of control measures is available in the Code of Practice provided by Safe Work Australia.
Fire safety is more than a regulatory requirement. It’s a shared responsibility that protects lives, property, and peace of mind. Owners corporations and body corporates play a critical role in identifying hazards, applying adequate controls, and maintaining safe environments for residents, workers, and visitors. Following the WHS risk management process and applying a hierarchy of controls helps demonstrate that fire risks are being managed responsibly and in accordance with legal obligations.
Each state may have specific legislation and regulations concerning health and safety duties in owner corporations and body corporates. To help navigate these regulations, Safe Work Australia, a national policy body, offers a range of resources and tools to help committees manage hazards and risks. For the latest general WHS updates, guidance, and recommendations, please visit the official Safe Work website at safeworkaustralia.gov.au.
Our Community Health & Safety service is here to help provide schemes with appropriate mechanisms to manage these risks while ensuring the obligations under the regulations are met. Through our resource library, online reporting system, and centralised repository, we are here to help support you in managing your health and safety obligations.
This article is edited by Lauren Shaw Regional General Manager and Licensee-in-Charge on September 2025.
