Annual Occupier's Statement Queensland
The Complete Guide for Body Corporate Committees,Strata Managers and Building Managers 2026
Building Fire Safety Regulation 2008 | QDC MP 6.1 | AS 1851-2012
If you are a strata manager, sit on a body corporate committee, or manage a building in Queensland, the Annual Occupier’s Statement is one of your most critical annual compliance deliverables. It is also one of the most frequently mishandled.
It is a legal declaration to the Queensland Fire Department Commissioner confirming that every prescribed fire safety installation in your building has been inspected, tested and maintained to the required standard over the past 12 months. It is not a form you can sign and submit without proper groundwork. If maintenance is not complete, or if Critical Defect Notices are unresolved, the statement cannot be signed. Filing it late is itself a separate offence. This guide is written specifically for body corporate committees, strata managers and building managers. It explains what the statement is, what it requires of each role, how to prepare it correctly, what to do when defects arise, and what the consequences are for getting it wrong.
1. What Is the Annual Occupier's Statement?
The Annual Occupier’s Statement is a statutory declaration submitted each year to the Queensland Fire Department. It confirms that all prescribed fire safety installations in your building have been maintained in accordance with Queensland Development Code Mandatory Part 6.1 (QDC MP 6.1) and Australian Standard AS 1851-2012.
Think of it like a Vehicle Safety Certificate for your building. Just as a vehicle safety certificate declares that a car’s safety features are in working order, the Occupier’s Statement declares that your building’s fire safety systems are properly maintained and that any critical defects identified during the year have been rectified.
The statement must be prepared using the official template in Schedule 2 of QDC MP 6.1, available from the Queensland Fire Department website at fire.qld.gov.au.
2. The Legislative Foundation
Three legislative instruments govern the Occupier’s Statement:
Fire and Emergency Services Act 1990 — defines who counts as an occupier and what responsibilities that status carries.
Building Fire Safety Regulation 2008, Section 55A — the specific provision mandating the Occupier’s Statement. Section 55 covers the obligation to inspect and test. Section 55A requires the statement itself, sets the 10-business-day submission deadline, and specifies penalties for non-compliance.
Queensland Development Code Mandatory Part 6.1 — the maintenance code. Schedule 2 is the required statement form. The code sets out maintenance intervals, record-keeping requirements, and what the statement must document.
3. Which Buildings Must Submit?
The obligation applies to all Class 1b through Class 9 buildings that have prescribed fire safety installations. This covers virtually every strata, apartment, commercial, retail, office and mixed-use building in Queensland.
4. Who Is Responsible: Roles Explained
The Occupier’s Statement involves three roles working together. Understanding what each role is responsible for prevents the gaps that lead to compliance failures.
Body Corporate Committee
The body corporate is the legal occupier of common areas and is ultimately responsible for fire safety compliance across the whole building. The committee must ensure a QBCC-licensed maintenance contractor is appointed, that all required servicing is completed on schedule, and that the Occupier’s Statement is prepared, signed and submitted every year.
The committee must also determine and formally document who is authorised to sign the Occupier’s Statement on behalf of the body corporate. This decision should be recorded in committee minutes and reviewed if committee membership changes.
Strata Manager
The strata manager’s role is to coordinate and facilitate compliance on behalf of the committee. In practice this means: maintaining the compliance calendar, tracking service due dates, briefing the committee on upcoming obligations, coordinating with the fire protection contractor, collecting maintenance records and Critical Defect Notices, and preparing the Occupier’s Statement for the authorised signatory to review and sign.
Fire safety compliance is a legislative obligation imposed on the body corporate, not on the strata manager. However, a strata manager who fails to coordinate effectively, misses deadlines, or allows unlicensed contractors to be appointed exposes both themselves and their client body corporate to serious risk.
Building Manager
The building manager is typically the on-site contact for fire protection contractors. Their responsibilities include coordinating contractor access during each service visit, ensuring fire equipment is accessible and unobstructed, and maintaining the on-site compliance register. When a Critical Defect Notice is received, the building manager must escalate it immediately to the strata manager and committee.
The exact scope of a building manager’s fire protection responsibilities depends on their caretaking agreement. This agreement should be reviewed to confirm that fire compliance coordination is explicitly covered.
5. What the Statement Must Document
The Occupier’s Statement must be prepared using the Schedule 2 template and must identify and confirm the following for each prescribed fire safety installation in the building:
Each prescribed fire safety installation present in the building
The maintenance requirements applicable to each installation under QDC MP 6.1
Confirmation that maintenance has been carried out at the required intervals by a QBCC-licensed contractor
Whether any Critical Defect Notices were issued during the period
The date each critical defect was rectified
Copies of all Critical Defect Notices and evidence of rectification attached
Your fire maintenance contractor is responsible for providing you with all the documentation needed to complete the statement. If you are receiving service reports that do not contain enough detail to populate the statement, raise this with your contractor before your next compliance cycle.
6. Maintenance Obligations: What Must Be Done Before You Can Sign
The Occupier’s Statement can only be signed once all maintenance obligations for the period have been met. Under AS 1851-2012 Table 1.11, the required service frequencies are:
Records Your Contractor Must Provide
After each service visit, your contractor must provide:
A written maintenance report documenting work completed and any non-conformances
A summary register including equipment list, scheduled service dates, defect details, and the contractor’s name, signature and QBCC licence number
Critical Defect Notices in the approved form, issued within 24 hours of the maintenance visit where a critical defect is found
A yearly condition report meeting AS 1851-2012 Clauses 1.16 and 1.17
These records must be kept on site and retained for a minimum of 2 years under Queensland legislation. AS 1851-2012 recommends 7 years. Retaining records for 7 years is strongly recommended to protect the body corporate and individual role-holders in the event of a QFD audit, insurance claim or legal action.
7. Critical Defect Notices: What They Mean and What to Do
A Critical Defect Notice is issued by your fire maintenance contractor when they identify a defect presenting an immediate or serious risk to building occupants. Receiving one triggers a specific chain of obligations.
Contractor obligations
The contractor must issue the Critical Defect Notice in the approved form within 24 hours of the maintenance visit at which the defect was identified.
Your obligations on receiving a Critical Defect Notice
Arrange repair or corrective action within 1 month of the date of the maintenance visit
Obtain written evidence of rectification from the contractor (invoice or completion certificate)
Attach the Critical Defect Notice and rectification evidence to the Annual Occupier’s Statement
For strata managers and building managers: receiving a Critical Defect Notice is not a routine administrative event. It is a time-sensitive legal obligation with a hard 1-month deadline. Escalate immediately and confirm rectification is arranged before moving on.
8. Submitting the Statement: Deadlines and Process
The Occupier’s Statement must be prepared and submitted annually. The Building Fire Safety Regulation 2008 sets a hard deadline:
The 10-business-day submission window is a legislative requirement. Missing it is a separate offence, even if your maintenance is fully up to date.
The statement can be submitted by:
Email to occupier.statements@qfes.qld.gov.au
Post or in person to your regional Queensland Fire Department office
A copy must be kept on site with your maintenance records.
9. Penalties for Non-Compliance
Non-compliance with the Occupier’s Statement obligations carries consequences across four areas:
Regulatory Fines
Failure to prepare the Occupier’s Statement, failure to keep a copy with maintenance records, and failure to submit within 10 business days each carry a maximum penalty of 20 penalty units under the Building Fire Safety Regulation 2008. Failure to ensure fire safety installations are inspected and tested at the required intervals carries a maximum penalty of 30 penalty units. In Queensland, one penalty unit is currently $154.00 (as at 2025). Multiple breaches can be issued at the same time.
Enforcement Action
The QFD can audit your building at any time. Enforcement escalates through Notice by Commissioner, Requisition by Commissioner, Infringement Notice (on-the-spot fine), prosecution in the Magistrates Court, and in serious cases, a Supreme Court Injunction.
Insurance
If a fire occurs and it is evident that fire safety systems were not maintained, the body corporate’s insurance policy may be voided. Insurers made aware of QFD fines or non-compliance may also decline to renew coverage or significantly increase premiums. All owners bear the cost when insurance fails.
Personal Liability
Significant financial and imprisonment penalties apply under the Fire and Emergency Services Act 1990 where non-compliance contributes to injury or death. Body corporate committee members, strata managers and building managers can all face personal liability where their failure to act contributed to the outcome.
10. Step-by-Step: Preparing the Annual Occupier's Statement
Step 1: Confirm the building’s prescribed fire safety installations.
Work with your fire maintenance contractor to produce or update a complete register of all prescribed fire safety installations. This must be done before compliance management can begin.
Step 2: Confirm your service schedule covers all required intervals.
Review the AS 1851-2012 schedule with your contractor and confirm that monthly, 6-monthly and annual services are all booked and tracked.
Step 3: Collect maintenance records after every service visit.
Do not wait until the end of the year. File records as they are received, noting any non-conformances or defects. The building manager should confirm records are received and stored on site after each visit.
Step 4: Identify and resolve any Critical Defect Notices.
If any Critical Defect Notices have been issued during the year, ensure repairs are completed within 1 month and collect written evidence of rectification from the contractor.
Step 5: Download the official Occupier’s Statement template.
Use only the Schedule 2 template from QDC MP 6.1, available at fire.qld.gov.au. Do not use unofficial versions.
Step 6: Complete the statement.
List each prescribed fire safety installation, confirm maintenance has been carried out at the required intervals, and attach copies of all Critical Defect Notices with rectification evidence.
Step 7: Arrange for the authorised signatory to sign.
The body corporate’s authorised representative, the owner, or a QBCC-licensed Fire Safety Adviser signs the completed statement. Confirm the signatory is still formally authorised by the committee.
Step 8: Submit within 10 business days. Email to occupier.statements@qfes.qld.gov.au or submit to the regional QFD office. Retain a copy on site with maintenance records for at least 7 years.
11. Frequently Asked Questions
What is the Annual Occupier’s Statement in Queensland?
It is an annual legal declaration to the Queensland Fire Department Commissioner confirming that all prescribed fire safety installations in a building have been inspected, tested and maintained to the required standard under QDC MP 6.1 and the Building Fire Safety Regulation 2008.
Who signs the Occupier’s Statement for a strata building?
The body corporate committee must formally nominate an authorised signatory, documented in committee minutes. This is typically the committee chairperson or another nominated committee member. The strata manager can sign if specifically authorised to do so by the committee. A QBCC-licensed Fire Safety Adviser can also sign on behalf of the body corporate.
Can the Occupier’s Statement be signed if there are outstanding defects?
No. The statement cannot be signed or submitted if there are unresolved Critical Defect Notices. Resolve all defects, collect evidence of rectification, then prepare and submit the statement.
What is the submission deadline?
Within 10 business days of the date the statement is required to be prepared. This is a hard legislative deadline under Section 55A of the Building Fire Safety Regulation 2008. Late submission is a separate offence even if maintenance is otherwise compliant.
What happens if the body corporate committee does not approve maintenance work?
The body corporate has a legal duty to maintain fire safety installations. Refusing to approve necessary work is not a valid defence against non-compliance. The committee can be fined and subject to enforcement action. Individual committee members can face personal liability where their refusal to act contributes to harm.
What is the difference between the Occupier’s Statement and the Annual Fire Safety Statement?
The Occupier’s Statement is a self-declaration by the owner or occupier confirming maintenance has been carried out. It applies to most Queensland buildings with prescribed fire safety installations. The Annual Fire Safety Statement (AFSS) is a higher-level certification required for certain high-risk or high-rise buildings, where an accredited fire safety practitioner must independently certify that each fire safety measure meets the required performance level.
How long must records be kept?
A minimum of 2 years under Queensland legislation. AS 1851-2012 recommends 7 years. Keeping records for 7 years is strongly recommended to protect the body corporate and role-holders in the event of an audit, insurance claim or legal action.
Where do we send the completed statement?
Email to occupier.statements@qfes.qld.gov.au or post and deliver to the regional Queensland Fire Department office. Keep a copy on site with all maintenance records.
The Bottom Line
The Annual Occupier’s Statement is the culmination of a year-round compliance program. For body corporate committees, strata managers and building managers, it represents the point at which all maintenance records, defect resolutions and contractor documentation come together in a single legal declaration.
The most common failures are not deliberate. They come from unclear role responsibilities, poor contractor documentation, and missed deadlines. Establishing a clear process across the committee, strata manager and building manager, backed by a QBCC-licensed contractor who provides audit-ready records, removes the majority of compliance risk.
If you are not confident that your current maintenance program would support an accurate Occupier’s Statement, a compliance audit from a qualified fire safety professional is the fastest way to identify the gaps.