Essential Safety Provisions (ESPs) are a standard part of owning a commercial or multi-unit residential building, and are critical for the safety of the property and its occupants. ESPs are fire safety items which prevent the spread of fire and allow for effective evacuation in the event of an emergency, such as fire extinguishers, non-flammable linings, and exit doors.

ESP requirements for a building are set when development approval is granted, in the form of:

• Form 1 – schedule of ESPs to be installed in the building, specifies installation and maintenance standards
• Form 2 – to be completed by the installer of each item (e.g builder), then returned to Council
• Form 3 – if applicable to the building, must be completed and returned to Council annually.

Failure to comply with ESP requirements is an expiable offence in South Australia:

• Failure to provide a Form 3 within 60 business days after the end of the calendar year ($750)
• Failure to maintain ESPs ($750)
• Failure to produce proof of maintenance upon request ($500)

Refer to previous development approval documents if you have them, or ask Council for a list of ESPs.

Under the Planning, Development and Infrastructure Regulations 2017, the responsibility and liability of building fire safety ultimately falls on the property owner. Whilst owners might have agreements with tenants or builders about who will carry out the installation or maintenance of fire equipment, the owner is ultimately legislatively responsible and if enforcement action is required (such as an expiation) it will be against the property owner.

A Form 3 is a document required to be returned to Council within 60 business days after the end of each calendar year certifying that all required ESPs have been tested and maintained for the year prior. The Form 3 lists all applicable ESPs and their relevant maintenance standards. Form 3s are only required for high-risk buildings, such as:

• Class 2 buildings; or
• Class 3, 4, 5, 6, 7, 8, or 9b buildings which are 4+ storeys or 500sqm+; or
• Class 9a or 9c buildings of any size; or
• The relevant authority has requested a Form 3 due to there being a performance solution; or
• The building has been subject to a fire safety defect notice.

Owners of buildings that are not required to provide a Form 3 to Council annually must still maintain their ESPs.

As of March 2021, Form 3s must be in the prescribed format. This Form 3 must be signed by both the maintenance contractor and building owner/manager. The maintenance contractor may list any defects outstanding at the time of submission.

If multiple different parties are performing the routine maintenance of the ESPs in a building, each party must submit a Form 3 for their parts. This may include a fire technician, mechanical contractor, lift contractor, electrician, or the building owner/tenant if they are performing some of the maintenance themselves.

Note: Council provides building owners with Form 3s already pre-filled with the information specific to their building (including the list of required ESPs in Table 3.1) and can provide an electronic copy for completion by maintenance contractors upon request.

To complete a Form 3:

1. Confirm the reference information on the first page is correct
2. Person performing the maintenance fills Table 3.1 with the ESPs they are maintaining, or if it has already been filled by Council with all ESPs applicable to the building, strikes out any they are not responsible for
3. Person performing the maintenance selects an option in the ‘maintenance verification’ box on the first page. Any outstanding defects should be listed in Table 3.2.
4. Person performing the maintenance signs the contractor section on the first page and lists their licence number, where required. If no licence is required, the competency/qualification section should be completed. Note: maintenance work being performed by someone who does not hold the required licence invalidates the Form 3.
5. Property owner/manager confirms that all ESPs have been covered, and takes note of any outstanding defects requiring rectification
6. Property owner/manager to sign the owner’s verification and submit to Council.

Form 3s must be returned to Council within 60 business days after the end of the calendar year. If a property owner is unable return their Form 3(s) to Council within 60 business days after the end of the calendar year, they must obtain an extension of time from Council to avoid expiation or enforcement action.

Under the Planning, Development and Infrastructure Regulations 2017, the onus is on the property owner to remember to return their Form 3 annually. Whilst Council has previously provided annual reminders at no cost to the property owner, we cannot guarantee this service will be provided indefinitely. A schedule of ESPs is attached to a building forever (vacant or otherwise) until it’s either demolished or replaced by a new one, therefore we strongly recommend property owners retain this information and set an annual reminder.

Put simply, a property owner must comply with the development approval for their building, which includes having all ESPs installed per the approved plans and Form 1. The ESPs required for a building can only be determined via the development assessment process.

If some ESPs are found to be missing from a building, they will need to be installed in accordance with the approved plans as soon as possible, or an amendment to the original development approval sought to remove that requirement (if permissible under the National Construction Code). Any proposed changes to the approved schedule of ESPs must be formalised before Council can accept a different Form 3.

A property owner may also at any time seek to have the ESPs reissued entirely for their building if there are substantial variations, or they wish to upgrade the maintenance standards.

Most ESPs can be inspected by a fire technician. We recommend that property owners search online or in the yellow pages for ‘fire testing and maintenance’. Note that some ESPs require the technician to hold a specific licence to be able to perform the routine maintenance (hydrants, hose reels and sprinklers).

Some ESPs may also be maintained by other parties:

• Lift technician
• Mechanical/air conditioning technician
• Electrician
• Builder/surveyor/architect
• Property owner/ tenant

We recognise that ESPs can be complex at times, and our dedicated ESP officer and experienced Building Team are always available to assist with any queries. The safety of the community is of the upmost importance to Council however, and we may become concerned if the owners of a property fail to install or maintain ESPs as required. ESPs are not simply red tape – they are a critical (and effective) means of ensuring the safety of a building, its occupants and fire fighters. Council will always first provide the owner with the opportunity to rectify the deficiency, however if they fail to do so Council may eventually determine that the only remaining course of action is to expiate and/or commence legal action against the property owner. Council may then seek to either revoke the Certificate of Occupancy for the building (meaning it may not be occupied anymore) or refer the matter to the Council Building Fire Safety Committee.

Failure to meet ESP obligations can void insurance and open owners up to serious legal issues in the event of a fire.

• Planning, Development and Infrastructure Act 2016
• Planning, Development and Infrastructure Regulations 2017
• Ministerial Building Standard SA 002