For most commercial buildings, yes. The National Construction Code sets out which buildings need portable fire extinguishers, based on the building’s class, size and fire protection, and state building regulations then require that firefighting equipment to be maintained for the life of the building. The routine for that maintenance comes from AS 1851-2012, which is the standard your provider follows when carrying out fire extinguisher testing and servicing. This guide explains who’s responsible, what the law and the standard expect, and what’s at stake for your business if extinguishers are left unserviced.
Who Is Responsible for Fire Extinguisher Servicing?
he short answer is whoever owns or occupies the building, but each state sets the rules a little differently:
| State | Who’s responsible | What the law requires |
|---|---|---|
| Victoria | Building owner | Firefighting equipment is an essential safety measure. It must be maintained for the life of the building, with an Essential Safety Measures Report completed every year. |
| New South Wales | Building owner | Owners of certain buildings must lodge an Annual Fire Safety Statement with council and Fire and Rescue NSW, confirming each fire safety measure can perform to the required standard. A copy must be displayed in the building. |
| Queensland | Occupier | Under the Building Fire Safety Regulation 2008, the occupier must have fire safety installations maintained by an appropriately qualified person, and inspected and tested at the intervals set by QDC MP6.1. |
In leased buildings, the lease usually decides who arranges the servicing day to day, but that doesn’t move the legal obligation. If you’re a business owner renting premises, check your lease and confirm with your landlord or property manager who books the service, so nothing falls through the gaps.
What Happens If Fire Extinguishers Aren’t Serviced?
The biggest risk is practical: an extinguisher that hasn’t been checked can lose pressure, get damaged or be blocked from view, and you won’t know until someone grabs it in a fire. Regular servicing is how those problems get found while they’re still easy to fix.
There are legal consequences too, and NSW shows how serious they can be. If a building owner’s Annual Fire Safety Statement is late, council can issue penalty notices starting at $1,000 for the first week and rising to $4,000 for every week after the third. Failing to maintain an essential fire safety measure can attract a further $6,000 penalty notice, and court proceedings can lead to fines of up to $110,000.
Unserviced equipment can also cause problems beyond fines. A fire safety audit or council inspection can flag it, and if a fire does happen, gaps in your maintenance records may make an insurance claim harder. It’s worth asking your insurer exactly what records they expect you to keep.
The fix is simple: stay on top of the schedule. Our guide on how often fire extinguishers need to be inspected sets out the intervals under AS 1851.
Your Proof of Compliance: Tags and Records
Each time an extinguisher is serviced, it gets a dated tag showing when it was last checked and when the next service is due. That tag is the quickest way for anyone, from a fire safety auditor to a new manager, to see at a glance whether the extinguisher is up to date.
The tag is only half the picture, though. Keep the service reports your provider gives you after each visit, because they list every extinguisher on site, the result for each one and anything that was repaired or replaced. In NSW and Victoria, those records are what your Annual Fire Safety Statement or Essential Safety Measures Report relies on, and in Queensland they show the occupier has had the equipment maintained by a qualified person.
A simple habit helps: when a service is done, file the report somewhere everyone responsible can find it, and diary the next due date so the schedule never slips.
Staying Compliant Without the Hassle
The rules differ slightly between states, but the expectation is the same everywhere: if your building needs fire extinguishers, they have to be serviced on schedule, by someone qualified, with records to prove it. The easiest way to stay on top of it is to book a regular fire extinguisher inspection with a provider who handles the tags, reports and reminders for you. Availability varies by state, so call 13 11 05 to check coverage for your area.
Frequently Asked Questions
Is fire extinguisher servicing a legal requirement in Australia?
For most commercial buildings, yes. The National Construction Code sets out which buildings need portable fire extinguishers, and state building regulations require that equipment to be maintained, with AS 1851-2012 setting the servicing routine.
Who is legally responsible for fire extinguisher maintenance?
It depends on the state. In Victoria and New South Wales, the building owner is responsible. In Queensland, the occupier must have fire safety installations maintained by an appropriately qualified person.
What is the penalty for not maintaining fire safety equipment in NSW?
Failing to maintain an essential fire safety measure can attract a $6,000 penalty notice. A late Annual Fire Safety Statement attracts weekly penalty notices from $1,000, and court proceedings can lead to fines of up to $110,000.
Which Australian standards cover fire extinguishers?
AS 1851-2012 covers the routine servicing of fire protection equipment, including portable extinguishers. AS 2444 covers how extinguishers are selected and where they’re located, and the National Construction Code requires buildings to follow it.
Does every business need a fire extinguisher?
Not automatically. Under the National Construction Code, it depends on the building’s class, size and other fire protection such as hydrants or hose reels. Your building’s fire safety schedule or a fire safety practitioner can confirm what applies to your premises.
