From 13 February 2026, new requirements under the Environmental Planning and Assessment (Building Certification and Fire Safety Regulation) 2021 will change how Building Owners and Owners Corporations must maintain their Essential Fire Safety Measures (EFSMs).
Many owners assume their current maintenance arrangements will continue unchanged – but that’s no longer the case. The key question now is: Are your EFSMs being maintained correctly, and do you have the baseline data needed to stay compliant?
This article breaks down the changes and what you need to do to prepare.
What are Essential Fire Safety Measures (EFSMs)
Essential Fire Safety Measures (EFSMs) are the systems, equipment, and features in a building that are critical for preventing fires, detecting them early, and ensuring people can safely evacuate if a fire occurs. The most common EFSMs include:
- Fire Detection and Alarm Systems
- Fire Sprinkler Systems
- Portable Fire Extinguishers
- Fire Seals and Stopping
- Exit signs and emergency lighting
- Emergency Warning and Intercommunication systems
“EFMS save lives, protect property, and ensure buildings comply with legal safety requirements. Most jurisdictions require regular inspection, testing, and maintenance of EFSMs”
What is changing from 13 February 2026?
1. A mandatory servicing standard now applies
From 13 February 2026, the NSW Government is tightening the rules around how Essential Fire Safety Measures (EFSMs) must be inspected, tested and serviced. Before the change, building owners and owners corporations were required to maintain EFSMs, but the law didn’t clearly specify how they had to be maintained. Practices varied between contractors and buildings.
From 13 February 2026, maintenance of EFSMs must now strictly comply with Australian Standard AS 1851-2012, unless an approved alternative (performance solution) includes maintenance requirements.
“From 13 February 2026, AS1851 becomes the minimum legal requirement, however it does not cover all EFSMs“
2. Stronger record keeping requirements
Building owners and owners corporations must keep detailed hard copy maintenance records onsite, retain these records for at least seven years, and make them available to Council or Fire & Rescue NSW upon request.
3. Owners remain legally responsible
Even when inspection, testing and servicing is outsourced and using a contractor who does not follow AS 1851, it does not remove liability from the building owner or owner’s corporation.
4. Increased enforcement and penalties
Regulators can take action, including issuing fines, orders, or other compliance measures, if EFSMs are not serviced correctly, required records are missing or incomplete, or servicing does not comply with AS 1851.
“If you own, manage, or are responsible for a building with Essential Fire Safety Measures – including strata schemes and most Class 1b and Class 2–9 buildings – these requirements apply to you”
What are the two New Servicing Pathways for EFSMs
From 13 February 2026, EFSMs must be inspected, tested and serviced using one of the following requirements:
- Performance Solution Requirements: If your building has an approved performance solution that specifies maintenance levels, those requirements must be followed.
- Australian Standard AS 1851‑2012: If no performance solution exists, servicing must comply with AS 1851‑2012.
Why It Matters?
This removes ambiguity and places responsibility on owners to identify which pathway applies. Incorrect servicing can lead to and potential enforcement action. We recommend checking whether your building has any performance solutions on file. If you’re unsure, request documentation from your certifier, fire engineer, or council.
Example:
A building with a performance solution may contain more onerous maintenance requirements than the generic AS 1851‑2012 requirements.
Baseline Data: A Core Requirement of AS 1851‑2012
Baseline data has been a core requirement of AS 1851-2012 since the standard was first published. What is new is that from 13 February 2026, compliance with AS 1851-2012 becomes a legal requirement in NSW . This means servicing must be carried out in accordance with AS 1851, meaning it must be measured against baseline data, and where baseline data does not exist, owners may be unable to demonstrate compliance.
Why It Matters?
Without baseline data, it’s difficult to confirm whether a system is performing to its original design. This can compromise safety and lead to AFSS issues. We recommend you audit your documentation now. Identify gaps in design drawings, commissioning data, or performance benchmarks before the 2026 changes take effect.
Example:
Hydrant flow and pressure results must be compared against original design benchmarks. Without baseline data, there’s no reliable reference point.
“Baseline data has always existed, but for building owners and strata committees, it will soon become a compliance requirement that must be proven, not assumed.”
What the Building Commission Says About Baseline Data
The Building Commission’s Good Practice Guide for implementing AS 1851‑2012 clarifies that baseline data under Clause 1.8 of AS 1851-2012 is limited to what was required by the approved design and needed to verify routine service activity results.
Only certain systems require baseline flow and pressure data, including:
- Sprinkler systems
- Hydrant systems
- Fire pumpsets
- Some mechanical service features
Why It Matters?
These benchmarks help identify system degradation early and ensure systems continue to perform to their original design. If original design or commissioning data is missing, we recommend you engage an independent specialist to help reconstruct or verify baseline performance.
Example:
If a fire hydrant system flow test shows reduced flow and pressure compared to baseline data, this may indicate pump wear or water supply issues that must be addressed.
Additional Documentation Still Supports AFSS Compliance
While AS 1851‑2012 only requires specific baseline data, the Building Commission notes that additional approved design documentation can support performance verification when preparing the AFSS.
Why It Matters?
More complete documentation reduces uncertainty, supports accurate assessment, and strengthens your compliance position. We recommend you treat documentation as part of your risk‑management strategy. The more complete your records, the smoother your AFSS process will be.
Example:
A register of fire penetrations can assist to ensure that all penetrations are inspected, however this is not baseline data.
Conclusion:
“Compliance can no longer be assumed – it must be demonstrated through correct servicing, accurate records, and clear baseline data.”
The 2026 changes bring much-needed clarity to how EFSMs must be maintained, but they also raise the bar for accountability and evidence of compliance. With AS 1851-2012 becoming the minimum legal standard, owners can no longer rely on existing servicing arrangements without confirming they follow the correct pathway and are supported by accurate documentation.
Understanding which servicing requirements apply to your building, confirming baseline data exists, and addressing documentation gaps now will reduce compliance risk and help ensure systems continue to perform as designed. Early preparation will make the transition smoother and avoid issues with Annual Fire Safety Statements.
If you need guidance on servicing of EFSMs, baseline data, or compliance with AS 1851-2012, we’re here to help. For independent advice and support, please contact:
Michael Barnes
Director of Fire & Risk
michael.barnes@credwell.com.au