CEO, Firewize
23 Jan, 2025
New South Wales is one of the last states (or Territories) to mandate (in Legislation) the application and use of Australian Standard AS 1851 for the Routine Servicing of Fire Protection Systems and Equipment. The relevant legislation, Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment Regulation 2025 (the Regulations) had originally established adoption from February 13, 2025.
The publication by the Building Commission NSW of a Fact Sheet1 listed three amendments to the Regulations as follows;
- Defer the commencement of two upcoming fire safety requirements:
- defer by 12 months the mandatory requirement to comply with AS 1851 to 13 February 2026, which mandates the frequency of fire safety servicing and maintenance; and
- defer by 24 months the requirements that a fire safety certificate can only be issued if an assessment has been done by an accredited practitioner (fire safety) to 13 February 2027.
- Enable mechanisms so that a Fire Safety Schedule can reflect work resulting from compliance action taken by Building Commission NSW
- Include housekeeping amendments aimed at correcting drafting errors, removing inconsistencies and clarify ambiguities.
For people working in the fire industry to help keep people and buildings safe from fire, this means that the maintenance, servicing and testing requirements prescribed in Australian Standard 1851 will not be mandatory, with mandatory compliance scheduled to be required from 13 February 2026.
New South Wales, Building Commission, Fact Sheet "Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment Regulation 2025" [January 19, 2025]
Many fire and HVAC contractors have made significant investments in anticipation of AS 1851's adoption in New South Wales, and these efforts will continue to be proven worthwhile as the state progresses toward regulatory adoption.
What is notably absent from this fact sheet, and in my opinion should have been included, is a clear encouragement for the fire and HVAC industries, as well as building owners, to persist in adopting, applying, and using AS 1851 across New South Wales, regardless of the legislation.
There has been a lot of noise and gnashing of teeth from some elements of the fire industry about the sudden change (December 2024) by the New South Wales Government with respect to deferring the adoption date in Legislation from Feb 13, 2025, to one year later or Feb 13, 2026.
Australian Standard AS 1851 is widely regarded as the minimum standard of performance for the routine servicing of fire protection systems and equipment across Australia.
The objective of AS 1851 is "to maintain the reliability of fire protection systems and equipment such that they continue to meet the requirements of the approved design and are likely to do so until the next scheduled activity." and should serve as the basis for any routine servicing irrespective of what is in legislation.
Although the NSW Government deferred the implementation of AS 1851 to February 13, 2026, competent contractors should take the lead by educating building owners and ensuring their service engineers and technicians are already using AS 1851. There's no need to wait for legislative adoption to prioritise best practices.
While the Government has not stated publically the reasons for deferring the date of implementation of AS 1851, I believe there have been a number of factors that affected the Government's decision.
The past two years have seen a monumental cascade of building and industry reforms in New South Wales, and I am led to believe that the extent of the Governments ambitious plans has been overwhelming. Here are a few important events in the timeline;
Suffice to say that implementing these changes is a massive exercise, not to mention the infrastructure, systems, people, education and knowledge necessary to successfully support these changes.
It seems reasonable to believe that no government wants to face public or media scrutiny that could undermine the credibility of proposed changes. If all the necessary elements weren't properly aligned, delaying the implementation of AS 1851 seems to be a logical and prudent decision. ~ Russ Porteous
Chris Minns, Premier (NSW) & Anoulack Chanthivong, Minister for Building - New South Wales Government, NSW Government acting to strengthen building industry [May 16, 2023]
Anoulack Chanthivong, Minister for Building - New South Wales Government, Building Commission, New Building Commissioner appointed [October 20, 2024]
New South Wales Government, Data.NSW - Better Regulation Division: Single View of Customer and Single View of Building [October 29, 2021]
If you are an owner or an agent of the owner, such as a building or facility manager, you should insist on the use of AS 1851:2012 for routine servicing of fire protection systems and equipment in your building, consistent with the fire safety statement for the building.
By adopting AS 1851, you help ensure the safety, reliability, and compliance of your fire safety systems, even ahead of the mandated legislative requirements (February 13, 2026) in New South Wales.
This proactive approach not only aligns with best practices but also helps to safeguard the occupants of your building and upholds your duty of care as a responsible building owner or manager.
To verify compliance with AS 1851:2012, building owners and managers should insist on detailed routine service records, tags, labels as set out in their essential fire safety maintenance contractors. These records should document the routine servicing activities, including the activities, frequency and type of inspections, tests, and maintenance performed, as outlined in AS 1851.
Additionally, ensure contractors provide a signed Yearly Condition report for in accordance with Appendix E (Normative) from AS 1851:2012 (A1), confirming adherence to the Standard.
Building owners and managers should periodically review these records to assess the accuracy and completeness of the servicing against the requirements of AS 1851.
If you are a building maintenance professional (fire or HVAC), you may have already adopted and implemented Australian Standard AS 1851:2012. To maximise the value of your investment in your business, workforce, and expertise, it is essential to communicate this proactively with your customers.
Highlighting your commitment to AS 1851 not only promotes its adoption ahead of the mandated date of February 13, 2026, but also showcases your forward-thinking approach to fire safety and reinforces your position as a trusted industry leader.
If you find the implementation of AS 1851 daunting or need assistance with gaining more knowledge, training and skills development, logbooks, flowcharts, software, or compliance processes, we’re here to help.
Consider joining our Fire Industry Community to connect with a supportive peer group dedicated to promoting excellence in fire systems maintenance. We offer a range of resources and services to help guide you through the complexities of the fire industry and achieve success in delivering high-quality, compliant fire safety services.
Contact us today to learn more and take the next step in advancing your business.
