Does my building need an AFSS?
The annual fire safety statement obligation is not really a "type of building" question, it is a classification question. Whether your building needs an AFSS follows from its Building Code of Australia (BCA) classification and whether it has an issued fire safety schedule. Find your building type below for a plain-English answer.
Already know you need one? Find out your exact due date.
AFSS due date calculatorQuick reference
| Building type | BCA class | AFSS required? |
|---|---|---|
| Single dwelling Detached house, torrens-title townhouse, villa, terrace or row house | Class 1a | Not required |
| Boarding house, guest house, hostel Class 1b buildings, including some short-term and backpacker accommodation | Class 1b | Required |
| Residential strata / apartments A building with 2 or more separate dwellings and shared common property | Class 2 | Required |
| Commercial and industrial Offices, shops, warehouses, carparks, factories and laboratories | Class 5-8 | Required |
| Public and assembly buildings Schools, health care and aged care buildings, entertainment and assembly venues | Class 9 | Required |
| Mixed-use For example, ground-floor shops with apartments above in the one building | Multiple classes in one building | Required |
| Non-habitable structures A standalone private garage, carport, shed or similar structure | Class 10 | Not required |
This table covers the common cases. The classification on your building's construction certificate or occupation certificate, and whether council issued a fire safety schedule, settles the question for any building that does not fit neatly into one row.
Building type in detail
Residential strata and apartment buildings
RequiredBCA classification: Class 2 (most cases)
A building with 2 or more separate dwellings sharing common property, such as an apartment or unit block, is a Class 2 building under the Building Code of Australia. Class 2 buildings need an annual fire safety statement, and almost every strata apartment building has an issued fire safety schedule to go with it.
The owners corporation is legally responsible for the statement, but in practice it delegates the job of appointing an accredited practitioner and lodging the statement to the strata manager or the strata committee.
The exception is a strata scheme made up of individually titled Class 1a dwellings, for example a small torrens-title townhouse subdivision with no shared building structure or fire system between the lots. That kind of scheme may never have had a fire safety schedule issued, and so has no AFSS obligation. If you manage or own in a strata scheme like this, confirm with your strata manager or council whether a schedule was ever issued for the scheme before assuming either way.
Related: AFSS for strata managers
Commercial and industrial buildings
RequiredBCA classification: Class 5, 6, 7, 8 or 9
Offices (Class 5), shops and retail premises (Class 6), warehouses and carparks (Class 7), factories and industrial premises (Class 8), and public buildings such as schools, health care and aged care buildings and assembly venues (Class 9) all sit in the band of classes that need an annual fire safety statement, provided the building has an issued fire safety schedule.
In practice, almost every occupied commercial or industrial building has one: a fire safety schedule is issued as a condition of the construction certificate or occupation certificate for the building, or by a fire safety order if measures were required afterwards.
The only commercial-adjacent structures that fall outside the obligation are non-habitable Class 10 structures, such as a standalone storage shed with no fire safety measures on any schedule.
Mixed-use buildings
RequiredBCA classification: Spans more than one class in the one building
A mixed-use building, for example ground-floor shops or a commercial tenancy with apartments above in the same building, is treated as a single building for fire safety purposes. It has one fire safety schedule covering the essential fire safety measures across the whole building, and one annual statement, lodged with the local council and Fire and Rescue NSW, that covers the building as a whole rather than a separate statement for each part.
Responsibility for lodging is usually set out in the building's strata by-laws or building management arrangements, since a mixed-use building is commonly a strata scheme with both residential and commercial lots. If you are unsure who is responsible in your building, that is worth confirming with the owners corporation or building manager before the assessment window opens, not after.
Related: AFSS due date calculator
Single dwellings
Not requiredBCA classification: Class 1a (and its Class 10 outbuildings)
A detached house, a torrens-title townhouse, villa or terrace or row house on its own title, and the Class 10 structures that go with it, such as a private garage, carport or shed, is a Class 1a building. Class 1a buildings are exempt from the annual fire safety statement obligation. This is the case even where the home has its own smoke alarms, because domestic smoke alarms in a single dwelling are not "essential fire safety measures" assessed under a fire safety schedule in the way the Regulation defines them.
The exemption is for the building's classification, not its size or value. A large single-title house is still Class 1a and still exempt. What changes the answer is shared common property and a fire safety schedule, which is what happens once a building becomes a Class 2 strata scheme or otherwise moves into the Class 1b-9 band above.
Related: AFSS vs fire safety certificate
Confirmed you need one?
Print the pre-inspection checklist before your practitioner's visit, or use the due date calculator to find your assessment booking window.
Frequently asked questions
My building has smoke alarms. Does that mean it needs an AFSS?
Not by itself. A single dwelling (Class 1a) can have domestic smoke alarms and still be exempt, because the AFSS obligation is tied to a building's BCA classification and whether it has an issued fire safety schedule, not to whether any fire safety equipment is present. A Class 2-9 building with a fire safety schedule needs an AFSS regardless of how simple or extensive its measures are.
Is a boarding house or guest house treated like a single dwelling?
No. A boarding house, guest house or hostel is generally a Class 1b building, and Class 1b buildings need an annual fire safety statement, unlike Class 1a single dwellings. This is a common point of confusion because a boarding house can look residential from the outside.
Does a duplex or dual occupancy need an AFSS?
It depends on how the building is classified and titled. A duplex built and titled as two separate torrens-title dwellings with no shared building structure is generally treated as Class 1a and exempt. A dual occupancy that shares common property or was classified as Class 2 at construction is treated the same as any other strata building and needs an AFSS. Check the classification on your construction certificate or ask your council if you are not sure.
How do I find out if my building has a fire safety schedule?
Your local council holds the record of any fire safety schedule issued for a building in its area, whether that happened at construction, occupation certificate stage, or later by a fire safety order. If you cannot locate a copy in your own building or strata records, ask your council for one.
What if my building type is not listed here?
The categories above cover the common cases. Any building other than a Class 1a single dwelling or a Class 10 non-habitable structure should be checked against its actual BCA classification and fire safety schedule, since the classification, not the everyday description of the building, is what the Regulation applies to. Your council or an accredited fire safety practitioner can confirm the classification.
Sources
- Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (NSW).
- National Construction Code (Building Code of Australia), building classifications 1 to 10.
- NSW Planning Portal, fire safety statements frequently asked questions (Class 1a exemption, Class 1b-9 obligation).
- North Sydney Council, annual fire safety statement (BCA class coverage).
- NSW Government, safety rules for strata common property (exempt building types, strata responsibility).
- Fire and Rescue NSW, lodge a fire safety statement.
This is general information, not legal or compliance advice. Building classification is a legal determination made at construction certificate or occupation certificate stage. Confirm your building's exact classification and fire safety schedule status with your council or an accredited practitioner before relying on this guide.