Fire and Essential Safety Measures (ESMs) are critical to protecting lives and property within residential buildings. For Owners Corporations in Victoria (also known as body corporate in Queensland), maintaining these measures isn’t just best practice, it’s a legal requirement.
By understanding what ESMs are, why they exist, and what your responsibilities are will help you ensure your building remains safe, compliant, and insurable.
Why should you care about essential safety measures?
Essential safety measures (ESMs) include all fire equipment, systems and building features designed in a building to protect occupants and support safe evacuation in the event of a fire or emergency.
These measures are only effective if they are properly maintained. Failure of a single system can significantly increase the risk to occupants and may expose the owners corporation to legal and financial consequences.
Most importantly, ESMs exist to save lives. Proper maintenance ensures that occupants can evacuate safely and allows emergency services to respond quickly and effectively.
Why do essential safety measures exist? A brief legislative background
Victoria’s current Essential Safety Measures (ESMs) framework was strengthened with the introduction of the Building Act 1993, which made Occupancy Permits mandatory for new residential buildings from 1 July 1994.
An Occupancy Permit is issued by a building surveyor and confirms that:
- The building is suitable for occupation, and
- The required Essential Safety Measures have been installed, and
- The ongoing maintenance requirements have been established
The permit also specifies which Essential Safety Measures (ESMs) exist in the building and how frequently they must be inspected.
Do older buildings have occupancy permits?
Buildings constructed prior to 1 July 1994 may not have an Occupancy Permit in the modern format. However, this does not exempt them from safety obligations. Older buildings must still maintain any Essential Safety Measures (ESMs) that exist within the property, regardless of when they were built or what documentation is available.
What are Essential Safety Measures?
Essential Safety Measures (ESMs) are defined under the Building Regulations 2018 refers to the safety system installed to protect occupants during fire or emergency.
Common examples include:
- Fire extinguishers
- Fire hydrants and hose reels
- Automatic fire sprinkler systems
- Smoke detection and fire alarm systems
- Emergency lighting and exit signage
- Fire and smoke doors
- Fire-rated building elements
These must be regularly inspected, tested, and maintained to ensure it performs as required in an emergency.
How often do Essential Safety Measures need to be serviced?
The required maintenance frequencies are determined by:
- The Occupancy Permit (where available)
- The Building Regulations 2018
- Australian Standard AS 1851-2012 – Routine service of fire protection systems and equipment
- Five, Ten and 25 year testing for certain systems
Of these, AS 1851-2012 is the primary standard used across Australia and specifies the inspection, testing, and maintenance intervals for fire safety systems.
Typical service intervals include:
- Monthly inspections
- Six-monthly servicing
- Annual servicing
These scheduled intervals ensure that systems remain operational, compliant and capable of protecting occupants throughout the building life cycle.
What is the Annual Essential Safety Measures Report (AESMR)?
The Annual Essential Safety Measures Report (AESMR) (also known as Annual Fire Safety Statement (AFSS) in New South Wales, Occupier Statement in Queensland, Annual Compliance Statement in South Australia) are all legally mandated documents that must be completed every year. These certifications confirm that:
- All Essential Safety Measures have been inspected and maintained
- Maintenance has been carried out in line with the relevant standards
- The building remains compliant with its safety requirements
The AESMR must be completed every 12 months from the date of the Occupancy Permit or the previous AESMR.
This report is a key compliance document and may be requested by:
- Municipal Building Surveyors
- Insurance providers
- Regulatory authorities
Who is responsible for compliance?
Under the Building Regulations 2018, the responsibility for maintaining Essential Safety Measures lies with the building owner.
In Owners Corporation (known as a body corporate in Queensland) setting, this generally applies to:
- The Owners Corporation (for common property systems), and
- Individual lot owners (for systems located within private lots, where applicable)
The Owners Corporation must ensure:
- All Essential Safety Measures are maintained
- Maintenance is carried out at the required intervals
- An AESMR is completed every year
- Records of maintenance are kept
Engaging qualified contractors helps ensure these obligations are carried out correctly and remain compliant.
What happens if Essential Safety Measures are not maintained?
Failure to maintain Essential Safety Measures can result in serious consequences, including:
- Increased risk to occupants
- Council enforcement action
- Building notices or building orders
- Significant fines and penalties
- Potential insurance implications
- Legal liability in the event of an incident
Most importantly, non-compliance can compromise the safety of everyone in the building.
Summary
Essential Safety Measures (ESMs) are a legal requirement and a critical part of protecting occupants in residential buildings. The Owners Corporation plays a key role in ensuring these systems are properly maintained and compliant.
By completing routine servicing line with AS 1851-2012 and keeping an up-to-date Annual Essential Safety Measures Report (AESMR), Owners Corporations can:
- Protect occupants
- Meet their legal obligations
- Reduce risk and liability
- Maintain insurance compliance
- Ensure their building remains safe
If you are unsure about your building’s Essential Safety Measures or compliance status, a qualified fire safety provider can assist with inspections, maintenance, and reporting.
To learn more about Essential safety measures contact Detector Inspector
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