An owner of a Class 1b to 9 building must arrange an inspection by an Accredited Practitioner (Fire Safety) (APFS) every 12 months.
For more information on building classifications, please refer to the National Construction Code.
The APFS will check that:
- all required fire safety measures are installed, and
- all fire safety measures meet the required performance standard.
Follow the steps below to submit your Annual Fire Safety Statement.
1. Complete the fire safety statement form
Complete the fire safety statement form with the support of your APFS and make sure the fire safety measures match the Fire Safety Schedule for the building.
The Fire Safety Statement template form can be downloaded from NSW Planning.
2. Submit to Council
Send your completed form to Council by:
- Email to council@wollongong.nsw.gov.au (preferred), or
- Post to Wollongong City Council, Locked Bag 8821, Wollongong DC NSW 2500, or
- Hand-delivering to our Customer Service Centre at 41 Burelli Street, Wollongong, during business hours.
3. Submit to Fire + Rescue NSW
The Annual Fire Safety Statement (AFSS) form must also be submitted online through the Fire + Rescue website
4. Display the Annual Fire Safety Statement
Your current AFS must be displayed in a prominent location within the building.
More information
An Accredited Practitioner (Fire Safety) (APFS) is a person who does certain specialist fire safety assessments required by the Regulation.
APFSs are covered by an accreditation scheme. The Australian Government approved the Fire Protection Association Australia (FPAA) accreditation scheme in July 2020.
A list of APFSs can be found on the Fire Safety Assessment Register. You can also search the register to check that your APFS has accreditation to endorse all of the fire safety measures listed on the Fire Safety Schedule.
For more information about APFSs, visit the NSW Planning website.
You can find the due date for the submission of your Annual Fire Safety Statement, as well as a copy of the Fire Safety Schedule, through our Online Services portal by following these steps:
- Click the button below to go to Online Services. There is no need to log in or register.
- Select the Application Tracking icon.
- Enter your ES reference (shown at the top of Council correspondence) in the search box, then click the magnifying glass button to search.
- Click on the applicable ES, then select View to open the application.
- The Summary Screen will show the due / lapsed date indicating when the next Annual Fire Safety Statement is due.
- Select Attachments.
- You can then Click to Download the Fire Safety Schedule as a PDF document.
It is an offence not to provide an Annual Fire Safety Statement by the due date.
Heavy and continuing weekly penalty notices apply.
Time overdue | Penalty* |
---|---|
1 week late | $1,000 |
2 weeks late | $2,000 |
3 weeks late | $3,000 |
4+ weeks late | $4,000 |
*Note: penalties were correct at time of publishing but may change without notice.
These penalties can also apply if your statement or certificate is not prepared in line with the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
Failure to submit an Annual Fire Safety Statement could also lead to legal proceedings in the Land and Environment Court with penalties up to $5,000,000 for a corporation (plus an additional $50,000 for each day the offence continues) and $1,000,000 for an individual (plus an additional $10,000 for each day the offence continues).
Council may consider a one-off request for an extension of time to submit an annual fire safety statement in cases where there is a legitimate unanticipated event which prevents you from meeting the due date (fees apply – see Fees and Charges below).
This is called a Request to Stay Penalty Notice.
To apply you must:
- Make sure all sections of the application form below are completed, and all the requested documents are attached.
- Include enough evidence to show that a legitimate unanticipated event has occurred.
Please note:
- Incomplete or late applications, or those without valid reasons, will not be accepted and enforcement action may apply.
- If you have a history of making late submissions, we are unlikely to support your application.
- A maximum of three to six months extension from the original due date will be given. If you are unable to submit a complete Annual Fire Safety Statement within the approved time, a Fire Safety Order may be issued.
- Receiving an extension will not change your due date for future years.
- If you require an extension due to unauthorised building works, we recommend you seek independent planning and building advice.
- If your fire safety measures are being upgraded, please seek independent planning and building advice to determine if planning approval is required.
Application form
Use the form below to request a Stay of Penalty Notice.
A higher fee is charged if you submit this form after your due date. We will invoice you for the appropriate fee (shown below).
Annual Fire Safety Statement - Request to Stay Penalty Notice(s) PDF, 778.9 KB
This statement only applies to critical fire safety measures. These are measures that are important enough to need inspection more often than once a year.
The fire safety schedule will list any measures that are considered critical, and how often they need to be inspected.
We try to work with building owners and help them meet their legal obligations for fire safety. However, building owners can face penalties and enforcement action for:
- not maintaining the required fire safety measures
- not submitting Annual Fire Safety Statement on time
- not following Fire Safety Orders issued by Council or Fire and Rescue NSW.
You can also:
- visit the NSW Planning website for more information about Annual Fire Safety Statements.
- read our Fire Safety Policy PDF, 131.95 KB for information about how Council acts to promote fire safety and help people meet their obligations in this area.