The 2026 NSW
Fire Safety Mandate:
AS 1851 Becomes Law

1. The End of the 'Set and Forget' Era

For years, many building owners treated AS 1851-2012 as best practice rather than a legal requirement. From 13 February 2026, that changed.

Section 81 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 already required owners to maintain each essential fire safety measure: scheduled measures to the standard in the fire safety schedule, and original measures not on the schedule to their original standard. Section 81A, which applies from 13 February 2026, adds that the maintenance activities (inspection, testing and servicing) for each measure must be done in accordance with AS 1851-2012, unless an approved performance solution covers them.

Records must be kept on site for 7 years. The maximum penalty is 600 penalty units for a corporation and 300 for an individual. The duty sits with the owner, even when a contractor does the work.

2. The Annual Fire Safety Statement

Under section 89 of the Regulation, the owner must give an annual fire safety statement (AFSS) for the building. The statement relies on each essential fire safety measure being assessed by a competent fire safety practitioner.

Good maintenance records make that assessment straightforward. Gaps make it slow and uncertain. If you are unsure who runs your Emergency Planning Committee (EPC) or when it last met, sort that out well before your AFSS is due.

The AFSS doesn't list warden training itself. Where emergency planning is one of the building's essential fire safety measures, AS 1851 Section 14 inspects training records against the AS 3745 emergency plan, and AS 3745 clause 6.5.1.1 sets six-monthly skills retention for ECO members. Training is also a WHS duty: section 43 of the Work Health and Safety Regulation 2025 (NSW) requires the emergency plan to include information, training and instruction for relevant workers.

3. The Integrated Safety Loop Concept

Compliance Ready uses the 'Integrated Safety Loop' to keep hardware, people and paperwork aligned. Many buildings run a 'Broken Loop': the hardware is tested, but the emergency procedures are left behind.

An Integrated Safety Loop has three parts:

If the human axis slips, for example no exercise or warden training for more than 6 months, the loop is broken. That gap can carry insurance and WHS consequences. After a fire, an insurer will ask for maintenance and training records, and gaps can complicate a claim.

4. Sector-Specific Notes

Different facilities face different rules on top of section 81A. Here is how we apply them:

5. What This Means for Owners

Section 81A puts the maintenance standard into law, and the owner carries the duty. Where emergency planning is one of the building's essential fire safety measures, that includes the "soft" side of fire safety: the emergency plan, diagrams, ECO list and exercise records.

AS 1851-2012 clause 1.10 requires routine service to be conducted by competent persons. Where it finds a critical defect, AS 1851 requires it to be reported (clause 1.17). Make sure whoever services your measures is competent for each one, including emergency planning where it applies.

Warden training is a separate question. AS 3745 recommends six-monthly skills retention, and Section 14 checks training records against your emergency plan. If your plan promises six-monthly training, your records need to show it.

6. The Compliance Ready Assessment

Our assessment checks 12 points. It shows you where you stand before your AFSS is due:

1. Fire safety schedule: is emergency planning listed as an essential fire safety measure?
2. Diagram presence: diagrams on every level, near exits and decision points.
3. Diagram review date: flag if older than 5 years (AS 3745).
4. Diagram inspection: flag if more than 6 months old where Section 14 applies.
5. Exercises: six-monthly where Section 14 applies; 3-monthly rehearsals for childcare (Reg 97).
6. Warden training: flag if more than 6 months since the last skills retention session (AS 3745).
7. First attack training: we recommend a refresher every 2 years (not a legal requirement).
8. EPC knowledge: flag if the answer is "Unsure".
9. EPC meetings: we recommend every 6 months, in step with the Section 14 cycle.
10. Minutes: available and filed with your fire safety records.
11. Competent persons: someone competent is engaged for each measure, including emergency planning where it applies.
12. Risk assessment: reviewed alongside the emergency plan.

Conclusion: Make Your Records Do the Work

Section 81A makes AS 1851 the legal maintenance standard for NSW building owners. Compliance Ready helps you bring the emergency planning side up to the same level as the hardware.

Your action plan: check your fire safety schedule, then check your records. If you cannot produce minutes from an EPC meeting in the last 180 days, or your diagrams haven't been checked in 6 months, fix that first.