What Happens If AFSS Is Missed for Multiple Years?

A Practical Guide for NSW Self-Managed Strata Committees

Annual Fire Safety Statements (AFSS) are one of the most critical compliance obligations for NSW strata schemes.

When they are missed for multiple years — often due to committee turnover, lack of knowledge, or no strata manager — the consequences escalate quickly.

Committees often ask:

Are we in serious trouble? Can past AFSS be backdated? Will Council fine us? Who is liable? Can insurance be affected?

This guide explains what happens when AFSS obligations are missed for several years, how councils respond, and what a committee must do to fix the situation and reduce risk.

1. What an AFSS Is — and Why Missing It Matters

An AFSS confirms that all essential fire safety measures listed on the building’s Fire Safety Schedule have been:

• Inspected
• Tested
• Maintained
• Certified as compliant

This statement must be submitted every year to both Council and Fire & Rescue NSW by the due date.

When AFSS are missed repeatedly, councils treat it as a systemic compliance failure, not an administrative oversight.

2. What Happens If AFSS Are Missed for Multiple Years?

Missing one AFSS may trigger reminders. Missing several years almost always leads to enforcement.

Common outcomes include:

• Council compliance audits
• Notices of Intention to Issue Orders
• Fire Safety Orders requiring immediate action
• Penalty Infringement Notices (fines)
• Legal action for ongoing non-compliance

Councils can also demand proof that fire safety measures were compliant during the missing years — something most self-managed schemes cannot provide without records.

3. Can AFSS Be Backdated?

In most cases, no.

Councils generally do not accept retrospective AFSS for previous years because:

• The inspections did not occur at the required time
• Fire safety compliance cannot be verified historically
• The legislation requires annual certification, not catch-up declarations

Instead, councils usually require:

• Immediate inspection of all fire safety measures
• Rectification of any non-compliant items
• Submission of a current AFSS
• Evidence that systems are now under ongoing management

Missed years remain recorded as breaches, even after compliance is restored.

4. What Fines or Penalties Can Apply?

Penalties escalate with duration and severity.

Typical consequences may include:

• Penalty notices issued per missed year
• Separate fines for failure to submit to Council and Fire & Rescue NSW
• Ongoing daily penalties if an Order is ignored
• Legal costs if Council commences proceedings

Councils have discretion, but multiple missed years significantly reduce leniency.

5. Does Missing AFSS Affect Insurance?

Yes — and this is one of the most serious risks.

Insurers may:

• Decline fire-related claims
• Reduce payouts
• Argue non-disclosure or breach of policy conditions
• Require proof of compliance before renewal

If a fire occurs during a period of non-compliance, the Owners Corporation may be left funding repairs without insurance support.

6. Can Committee Members Be Personally Liable?

Personal liability is uncommon but possible when non-compliance is prolonged.

Risk increases where committee members:

• Were aware AFSS were not being done
• Ignored council correspondence
• Failed to engage qualified contractors
• Took no steps to correct known breaches

Directors & Officers insurance may not respond where negligence or inaction is established.

7. What If the Committee Inherited the Problem?

This is very common.

New committees often discover years of missing AFSS after taking control. While prior committees may have caused the issue, the current committee must still fix it.

Councils generally focus on:

• Current compliance
• Speed of corrective action
• Cooperation and transparency

Prompt action can reduce penalties and enforcement severity.

8. What the Committee Should Do Immediately

If AFSS have been missed for multiple years, the committee should:

1. Obtain the building’s Fire Safety Schedule
2. Engage a qualified fire safety practitioner
3. Arrange full inspection and testing of all measures
4. Rectify any non-compliant items
5. Lodge the current AFSS immediately
6. Notify Council proactively (where appropriate)
7. Put a system in place to ensure annual compliance going forward

Delay increases cost, risk, and exposure.

Final Thoughts

Missing AFSS for multiple years is serious — but it is fixable.

Key points to remember:

• AFSS cannot usually be backdated
• Councils escalate enforcement with repeated non-compliance
• Insurance risk increases significantly
• Committees must act quickly and decisively
• Transparency and cooperation reduce penalties

The sooner the issue is addressed, the better the outcome for the scheme.

Strata On Demand Can Help

Strata On Demand supports self-managed strata committees across NSW with 30+ pay-as-you-go services — no contracts, no ongoing fees, and no full-service management required.

For AFSS compliance issues, the five most relevant services are:

1. AFSS Coordination

We organise inspections, manage contractors, review documentation, and ensure correct submission.

2. Compliance Health Check

Identifies missing compliance, expired obligations, and high-risk exposure areas.

3. Drafting Notices & Letters

Clear communication to owners regarding compliance breaches, risks, and corrective actions.

4. AGM / EGM Agenda Drafting

Required where owners must approve rectification works or funding.

5. Work Order Management

Coordinates rectification works for non-compliant fire safety measures.

If your scheme has missed AFSS obligations — whether one year or several — Strata On Demand can help you correct the issue properly and reduce legal and financial risk.