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Who can sign an annual fire safety statement in NSW?

A common point of confusion: the accredited practitioner assesses the measures, but the owner signs the statement. There is a specific rule about who cannot sign.

The annual fire safety statement is issued by or on behalf of the owner of the building. In practice that means the building owner, or a person the owner formally nominates to act on their behalf, signs the statement. It is not signed by the fire safety practitioner who carried out the assessment.

The declaration rule people miss

There is a specific restriction in the Regulation that catches people out. The person who makes the owner's declaration on the statement must not be a practitioner who was involved in assessing any of the measures or inspecting the building for the purposes of that statement. In other words, the accredited practitioner who did the fire safety assessment cannot also be the one who signs the owner's declaration.

This keeps the two roles separate. The accredited practitioner (fire safety) assesses and certifies that the measures perform. The owner, or the owner's nominated agent, then declares the statement and takes responsibility for lodging it. A strata managing agent commonly signs on behalf of an owners corporation, provided they were not involved in the assessment.

Who does the assessment

The assessment side has its own requirement. Where the work falls within the accreditation scheme, only an accredited practitioner (fire safety) accredited by the Fire Protection Association Australia (FPAA) under the FPAS scheme can perform the assessment functions. So the typical AFSS involves two distinct parties: an FPAS-accredited assessor who inspects and certifies the measures, and the owner or their agent who declares and lodges the statement.

For strata

For a strata building the owner is the owners corporation. The strata committee or its managing agent usually coordinates the annual assessment, engages the accredited practitioner, and arranges for the statement to be declared and lodged. Confirm in your management agreement who is authorised to sign, and make sure that person had no part in the assessment itself.

Sources

• Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (NSW).
• Fire Protection Association Australia (FPAA), Fire Protection Accreditation Scheme (FPAS) register.

This is general information, not legal or compliance advice. Confirm current requirements and figures with your council and the FPAA register.

Keep reading

• How to find an accredited fire safety practitioner in NSWOnly an FPAS-accredited practitioner can carry out the assessment behind your AFSS. Here is what the accreditation is and how to check it.
• What is an annual fire safety statement (AFSS)?The AFSS is the yearly document that certifies a NSW building's essential fire safety measures still perform. Here is what it covers and who it applies to.
• AFSS deadlines and penalties for late lodgement in NSWThe AFSS runs on a strict annual cycle with a three-month assessment window. Miss the due date and councils issue escalating penalty notices.