Essential Safety Measures (ESM) are items that are part of a building that are designed to ensure the safety of building occupants in the event of an emergency, such as a fire, as defined under the Building Regulations 2018.
It is the building owner’s obligation and responsibility to ensure that Essential Safety Measures that are applicable to their building, are operating and being maintained as per the relevant standard at all times.
Owners of building(s) where an ESM is applicable, must prepare an Annual Essential Safety Measures Report (AESMR) every 12 months from the date of issue. ESMs can apply to all buildings, apart from Class 1a residential dwellings.
The following outlines:
- What an AESMR is
- Examples of ESMs
- How to lodge your Annual Essential Safety Measures Report (AESMR)
- FAQs
Annual Essential Safety Measures Report
Building owners are required to obtain an Annual Essential Safety Measures Report (AESMR) every 12 months. It confirms that the owner has taken all reasonable steps to ensure that each Essential Safety Measure applicable to their building(s) are operating, have been maintained in a state that enables the Essential Safety Measure to fulfil its purpose, and that they have been inspected and tested.
The annual reports are issued by, or on behalf of, the building owner and declare that all Essential Safety Measures applicable to the building(s) have been maintained in accordance with the Building Act 1993 and the Building Regulations 2018. Any false declaration may result in further action, such as enforcement and/or infringement action.
Essential Safety Measure items
Essential Safety Measure items are defined under Schedule 8 of the Building Regulations 2018 and will apply to different buildings depending on their classification, size and use and may contain items such as, but not limited to:
- Paths of travel to exits
- Exit doors
- Emergency lighting
- Smoke alarm systems
- Portable fire extinguishers
- Fire hose reel systems
- Fire hydrants
- Exit signs
- Sprinkler systems and more.
Further information: Building and Plumbing Commission: Essential safety measures | Victorian Building Authority
Where can I find Essential Safety Measure items applicable to my building(s)?
- Buildings constructed after 1 July 1994: Essential Safety Measure (ESM) items applicable to a building are usually found in the Maintenance Schedule, which is part of the Occupancy Permit that should be displayed in a prominent location within the building (usually at the main entrance).
- Buildings constructed prior to 1 July 1994: ESMs may not have been prepared under a Maintenance Schedule, although ESMs were still required to be installed and maintained within the building(s).
You may wish to request a copy of documents from Council, to obtain a copy of previously approved building permits or occupancy permits that might list the associated ESM items installed in the building. Request a copy of building plans.
Frequently Asked Questions
What do I do if I cannot find the Essential Safety Measure items within my building(s)?
Should the Essential Safety Measure items not be found in the documentation as above, a registered building surveyor may need to be engaged to prepare a Maintenance Schedule as required under Regulation 222 of the Building Regulation 2018.
What is a Maintenance Schedule?
A Maintenance Schedule lists all Essential Safety Measure items applicable to a building, including the level of performance that each item must achieve to fulfil its purpose and the frequency and type of inspection, testing and maintenance required for each item.
Who can inspect my building(s) for the Annual Essential Safety Measures Report?
Owners of building(s) requiring an AESMR may carry out their own inspection and testing to ensure Essential Safety Measures (ESM) applicable to their building are operating, fulfilling their intended purpose, and can complete the AESMR approved form.
Owners may also choose to engage an ESMs contractor specialising in the operation, testing and maintenance of ESMs to complete the AESMR approved form on their behalf.
For moderate to complex buildings, Council highly recommends engaging a suitably qualified ESMs contractor to provide them with the required AESMR.
What if my tenancy agreement requires my tenant to ensure compliance with the Essential Safety Measures obligations?
Under the Building Act 1993 and Building Regulations 2018, the obligation for maintenance of ESMs is on the owner of the building. Any lease agreement that is agreed to would be a civil matter and you may wish to seek legal advice.
What will happen if I do not obtain an Annual Essential Safety Measures Report?
Non-compliance with the Essential Safety Measures requirements of the Building Act 1993 and Building Regulations 2018 can incur severe penalties served on the building owners and/or Owners Corporation.
If an AESMR is not obtained, Council will conduct an audit of the building and, where non compliances are found, infringement action and enforcement action may be taken.
Further non-compliance with Council’s infringement and enforcement action may result in Court action.