If you manage or lease a commercial property in Australia, understanding your Essential Safety Measures (ESM) obligations is critical to maintaining compliance and ensuring occupant safety. Whether your building is decades old or recently constructed, the age and condition of the property can drastically change your responsibilities.
In this article, we break down the differences in compliance requirements for pre-1994, 1994–1998, and post-1998 buildings – particularly regarding Occupancy Permits and Essential Safety Measures.
Pre-1994 Buildings
Before 1994, Occupancy Permits were not required for commercial buildings in Victoria and other Australian jurisdictions. As a result, many buildings constructed prior to this time do not have an official list of Essential Safety Measures. However, this does not exempt these buildings from ESM maintenance obligations.
ESMs That May Apply to Pre-1994 Buildings (Maintained to Pre-1994 Standards):
- Fire extinguishers
- Fire hose reels
- Fire hydrants
- Fire doors and fire-rated walls
- Smoke and heat detection systems (if originally installed)
- Fire indicator panels
- Sprinkler systems (if present)
- Mechanical ventilation systems
- Paths of travel (egress)
However, certain modern ESMs may not apply unless the building has undergone significant changes. For example:
Not typically required for pre-1994 buildings unless upgraded:
- Smoke alarms in areas not covered by the original system
- Emergency and exit lighting
- Exit signage to AS 2293 standards
- Modern compliant door hardware (e.g. lever handles, panic bars)
Post 1994 Compliant Exit Door fitted with a Panic Bar and Exit Light
Important Caveat: Renovations
If the building has had renovations or alterations affecting more than 50% of the floor area, it is typically required to comply with current ESM and BCA (Building Code of Australia) standards. In this case, newer requirements like emergency lighting and modern door hardware must be implemented throughout and maintained as per AS 1851 and 2293.
Optional Support:
A Building Surveyor can be engaged to conduct an onsite assessment and issue a Determination Document—a helpful guide listing all applicable ESMs. While not mandatory, it provides clarity for building owners and facility managers.
1994–1998 Buildings
During this transition period, Occupancy Permits were introduced but not yet consistently enforced.
Two Scenarios:
- If an Occupancy Permit exists: You must follow the specific ESM list outlined in that document.
- If no permit exists: The building can generally be treated as a pre-1994 property, following the same approach to ESM maintenance.
A Determination Document can also be sought for clarity if you’re unsure of the applicable standards.
Post-1998 Buildings
Since 1998, Occupancy Permits have been mandatory for all new commercial buildings.
Key Requirements:
- A copy of the Occupancy Permit must be:
- Displayed onsite, OR
- A plaque or signage must be installed to indicate where the permit is stored.
- The permit must be produced within 24 hours upon request by local council or Fire Rescue Victoria (FRV).
- Failure to comply can result in a fine.
- All ESM testing and inspections to be carried out as per AS 1851, AS 2293 and the National Construction Code (NCC).
Typical ESMs Required for Post-1998 Buildings:
These must be maintained to the latest Australian Standards and as outlined in the Occupancy Permit:
- Fire extinguishers, hose reels, hydrants
- Fire detection and alarm systems
- Emergency and exit lighting (AS 2293)
- Sprinkler systems
- Smoke Doors
- Fire-rated construction
- Fire doors and exit doors (including compliant door hardware)
- Paths of travel to exits
- Mechanical ventilation and air handling systems
- Building occupant warning systems
- Fire isolation systems and pump rooms
Each of these must be regularly tested, inspected, and documented as per AS 1851 and other applicable standards.
How Compliance Services Australia Can Help
Navigating the differences in compliance between building ages can be complex, but we’re here to make it easy.
At Compliance Services Australia, we offer:
- ESM audits and documentation
- Occupancy Permit retrieval and review
- ESM maintenance plans tailored to your building’s construction year and upgrades
- Coordination with Building Surveyors for Determination Documents where needed
Whether you’re unsure about your obligations or simply want to ensure you’re up to date, we’re here to help you stay safe and compliant.
Get in touch today for a free consultation or to schedule an ESM audit, contact info@complianceservices.com.au