Annual Fire Safety Statement — Western Sydney Commercial & Industrial Buildings
Every Class 1b and Class 2-9 building in NSW must lodge an Annual Fire Safety Statement with council each year under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021. Miss the deadline and council can issue penalty notices from A$1,000 in week one, escalating to A$4,000+ per week, with court fines up to A$110,000.
AFSS Compliance Check
Get your due date, penalty exposure and an estimated fee in 30 seconds.
1. What class is your building?
Pick the class on your Construction Certificate or Occupation Certificate. Most warehouses are 7b or 8; most offices are 5; most retail is 6.
2. Reference date
If you've lodged before, use your last AFSS date. If this is your first AFSS, tick the box below and use your Final Occupation Certificate date.
3. Floor area
Used to estimate the AFSS fee range. Pick the closest bracket to the gross floor area on your DA or OC.
4. Postcode
4-digit NSW postcode of the building.
Your AFSS compliance summary
Get your compliance summary & practitioner quote
We email your summary and connect you with one accredited fire safety practitioner servicing your area. No call centres.
What an Annual Fire Safety Statement is
An Annual Fire Safety Statement (AFSS) is a legal document the building owner lodges with their local council every 12 months. It confirms each essential fire safety measure listed on the building's Fire Safety Schedule has been inspected and operates to the standard set out at the time the schedule was issued.
The obligation applies to all Class 1b and Class 2-9 buildings under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021. That covers the bulk of commercial and industrial property in Western Sydney — offices, warehouses, factories, retail, motels, apartment buildings, hospitals, schools and childcare centres. Class 1a houses and Class 10 sheds are exempt.
From 1 October 2020, every AFSS in NSW must be signed by an Accredited Practitioner (Fire Safety) registered under the Fire Protection Association Australia FPAS scheme. The accredited practitioner physically inspects each measure on the schedule within 90 days before lodgement.
Penalties for non-lodgement
NSW councils enforce AFSS compliance through penalty infringement notices that escalate weekly. The on-the-spot fine schedule is structured to make sustained non-compliance commercially painful:
- Week 1 overdue: A$1,000 penalty notice issued.
- Weeks 2–3: A$2,000 per week, stacking on top of week one.
- Week 4 onward: A$4,000 per week, indefinitely until lodgement.
- Court referral: Sustained non-compliance can be prosecuted in the Land and Environment Court, where the maximum penalty reaches A$110,000.
For a warehouse owner who lets the AFSS slide for two months, the running total moves past A$25,000 before the lodgement is even prepared. The reputational consequence is sharper — councils can issue a fire safety order against the building, which becomes a disclosable encumbrance on sale or refinance.
Who must lodge the AFSS
The legal duty to lodge sits with the building owner. For a strata-titled building it falls to the owners corporation, and the strata committee usually delegates the work to the strata manager who engages the accredited practitioner. For a single-owner industrial unit it falls to the freeholder.
Tenants are generally not responsible. The exception is where a commercial lease specifically transfers fire safety compliance to the tenant — common in large warehouse leases on the Mamre Road and Kemps Creek industrial estates. Read the lease before assuming the landlord is taking care of it. If a defect comes back from inspection, you'll likely need a Western Sydney electrician for emergency lighting and exit sign work.
When your first AFSS is due
The AFSS due date is the anniversary of either your previous AFSS lodgement or, for new buildings, the date your Final Occupation Certificate (OC) was issued. NSW councils take the OC date as the reference, not the date you took possession or started trading.
How an AFSS is prepared
An accredited practitioner inspects each essential fire safety measure on the building's Fire Safety Schedule against the performance standard listed there. The measures typically include sprinklers, hydrants, hose reels, fire doors, exit signs, emergency lighting, fire dampers, smoke alarms and the fire indicator panel.
Servicing is performed in line with AS1851-2012, which became mandatory in NSW from 13/02/2026. Each piece of equipment has its own routine — monthly, six-monthly or annual — recorded in a logbook. The accredited practitioner reviews the logbook plus their own inspection findings before signing off the AFSS.
The inspection must occur within 90 days before lodgement. Once signed, you submit the statement to council, copy Fire and Rescue NSW, and display the statement prominently in the building. Plumbing-related measures — hydrant booster, fire hose reels, ring-main pressure — usually need a Western Sydney plumber to clear before sign-off.
Western Sydney coverage
We connect building owners with accredited fire safety practitioners across Greater Western Sydney, including the Aerotropolis growth corridor:
Local coverage matters because the practitioner has to be on site for the inspection. Distance loadings from Sydney CBD-based firms can add 20–35% to the fee; a Western Sydney based practitioner usually doesn't charge a travel premium inside the M7/M4 corridor.
Frequently asked questions
When is my AFSS due if my warehouse opened in 2026?
Your first AFSS is due 12 months after the date your Final Occupation Certificate was issued, not from the day you moved in. If your Mamre Road or Bradfield warehouse received its OC on 15/03/2026, the first AFSS must be lodged with council by 14/03/2027. Each subsequent statement is due on or before the same anniversary date every year.
What happens if I miss the AFSS deadline?
Council can issue a penalty notice from week one — A$1,000 for the first week overdue, A$2,000 per week for weeks two and three, then A$4,000 per week from week four onward. Sustained non-compliance can be referred to the Land and Environment Court, where fines reach A$110,000. Notices stack weekly until you lodge a valid statement.
Do I need an AFSS for an industrial unit in Mamre Road or Kemps Creek?
Yes. Mamre Road industrial estate units, Kemps Creek logistics warehouses and Bradfield commercial premises are Class 7b or Class 8 buildings under the Building Code of Australia, both of which require an Annual Fire Safety Statement. The obligation sits with the owner or owners corporation. Tenants are usually exempt unless their lease specifically transfers responsibility.
How much does an AFSS cost for a Western Sydney warehouse?
For a standard Western Sydney warehouse between 500 and 2,000 square metres, expect A$495 to A$725 plus GST. Larger logistics facilities at 2,000 to 5,000 sqm typically run A$725 to A$1,500. Aerotropolis-scale warehouses over 5,000 sqm sit at A$1,500 to A$3,000+. Pricing depends on the number of essential fire safety measures listed on the schedule.
What's the difference between AS1851-2012 servicing and AFSS lodgement?
AS1851-2012 is the technical standard your accredited practitioner uses when inspecting and servicing each fire safety measure — sprinklers, hydrants, alarms, exit signs. AS1851-2012 became mandatory in NSW from 13/02/2026. The AFSS is the legal document you lodge with council each year, signed by the practitioner, confirming the inspection has been done and each measure is operating correctly.
Can I prepare my own AFSS without an accredited practitioner?
No. From 1 October 2020, every NSW Annual Fire Safety Statement must be signed by an Accredited Practitioner (Fire Safety) registered with the Fire Protection Association Australia under the FPAS scheme. The practitioner must inspect each fire safety measure within 90 days of the statement being lodged. Owners cannot self-certify, even for small commercial buildings.
What happens if my building has fire safety defects?
The accredited practitioner cannot sign off the AFSS until each defect is rectified. If a fire pump fails its annual test or an exit door is non-compliant, you have to repair or replace before lodgement. In serious cases the practitioner is required to notify Fire and Rescue NSW and the council, which can trigger a fire safety order against the building.
Who do I lodge the AFSS with in NSW?
Lodge the AFSS with the local council that approved the building's construction certificate or occupation certificate. In Western Sydney that means Penrith City Council, Liverpool City Council, Blacktown City Council, Camden Council or Fairfield City Council depending on your address. A copy must also be sent to Fire and Rescue NSW and displayed prominently in the building.
I need an AFSS
Tell us where the building is and we'll match you to a Western Sydney accredited fire safety practitioner within 24 hours. No call centres, no upsells.
CONTACT INFORMATION
sales@westernsydneytrades.com.au
0466 887 485
Penrith, NSW, Australia
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