Building services

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

ESP requirements for a building are set when development approval is granted as follows:

• Form 1: Schedule of ESPs to be installed in the building, specifying installation and maintenance standards
• Form 2: To be completed by the installer of each item (such as the builder), then returned to council
• Form 3: If applicable to the building, must be completed and returned to council annually

Failing to comply with ESP requirements is an offence in South Australia. The following fines apply:

• Failing to provide a Form 3 within 60 business days after the end of the calendar year: $750
• Failing to maintain ESPs: $750
• Failing to produce proof of maintenance when requested to: $500

Refer to previous development approval documents if you have them, or ask us 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.

While 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. This means that if enforcement action is required (for example, a fine) it will be against the property owner.

A Form 3 is a document that needs to be returned to council within 60 business days after the end of each calendar year, and it certifyies that all required ESPs have been tested and maintained for the previous year. 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
• Class 3, 4, 5, 6, 7, 8, or 9b buildings which are 4+ storeys or 500sqm+
• Class 9a or 9c buildings of any size

Form 3s are also required when:

• The relevant authority has requested a Form 3 due to there being a performance solution
• 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. The Form 3 must be signed by both the maintenance contractor and the building owner/manager. The maintenance contractor may list any defects outstanding at the time of submission.

If several different parties are performing the routine maintenance of the ESPs in a building, each party must submit a Form 3 for their part of the work. 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: We provide 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). We can also provide an electronic copy for completion by maintenance contractors upon request.

To complete a Form 3:

1. Confirm that the reference information on the first page is correct
2. The person performing the maintenance fills Table 3.1 with the ESPs they are maintaining. Alternatively, if it has already been filled out by council with all ESPs applicable to the building, the person performing the maintenance strikes out any that they are not responsible for
3. The 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. The 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. The property owner/manager confirms that all ESPs have been covered, and takes note of any outstanding defects requiring rectification
6. The property owner/manager signs the owner’s verification and submits the form to us

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