Essential Safety Measures

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.

Lodge your Report

Step 1.Prepare Report

Download and fill in the report:

VBA | Annual Essential Safety Measures Report

Step 2.Lodge Report 

Lodge report online

Frequently Asked Questions

What if I can't identify ESM items for my building?

Should the Essential Safety Measure items not be found in the documentation, 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 buildings for the AESMR?

Building owners 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.

Can a tenant be responsible for ESM compliance?

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 AESMR?

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 may 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.

Do I need to display the Occupancy Permit and Maintenance Schedule in the approved location?

If the building was constructed on or after 1 July 1994 or is a class 9 public building then YES, in accordance with Regulation 197 an owner of a building must ensure that a copy of any current occupancy permit in relation to that building is displayed and kept displayed at an approved location within the building. Failure to comply may result in a maximum of 10 penalty units.

Do I need to make the Occupancy Permit available for inspection?

If the building was constructed on or after 1 July 1994 or is a class 9 public building then YES, in accordance with Regulation 199 an owner of a building must ensure that a copy of any current occupancy permit is available at that building for inspection by the municipal building surveyor or chief officer at any time on request. Failure to comply may result in a maximum of 10 penalty units.

Do I need to keep ESM records for 10 years?

YES. In accordance with Regulation 225, an owner of a building must ensure that the following documents relating to the building are available for inspection at that building within 24 hours after a request by the municipal building surveyor or chief officer to inspect the documents—

  1. all annual essential safety measures reports prepared under these Regulations, or any previous corresponding regulations, within 10 years before the request; and
  2. all maintenance schedules in relation to the essential safety measures for the building or place; and 
  3. all maintenance determinations requiring an essential safety measure to be provided for the building or place; and 
  4. the records of all inspections, testing and maintenance (including repairs) of any essential safety measure for the building or place.

Failure to comply may result in a maximum of 20 penalty units.

Can I remove an ESM item from its approved location?

NO. In accordance with Regulation 227, the owner of a building must ensure that any essential safety measure required to be provided in relation to the building by or under the Building Act 1993 or any previous corresponding Act is not removed from its approved location except for the purpose of inspection or testing of, or the carrying out of maintenance on, that essential safety measure. Failure to comply may result in a maximum of 20 penalty units.

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