Annual Occupier Statements
Are you signing a liability risk?
Signing an annual occupier statement is more than just a routine formality—it’s a legally binding declaration that confirms your body corporate’s compliance with fire and safety regulations. If completed incorrectly or without proper due diligence, it can expose your body corporate to legal liability, financial penalties and even reputational damage.
What does an Occupier Statement cover?
An occupier statement is a formal document that typically requires confirmation of:
- Fire safety measures (e.g. functioning alarms, extinguishers and sprinklers).
- Maintenance records for essential safety systems.
By signing, the body corporate declares that all safety obligations are met—but if gaps exist, this statement can become evidence of negligence.
Why accuracy matters: Legal & financial risks
A misleading or incorrect occupier statement can have serious consequences:
- Regulatory fines for non-compliance with state safety laws.
- Voided insurance claims if an incident occurs and audits reveal discrepancies.
- Civil liability if injuries or fatalities result from overlooked hazards.
For example, if a fire breaks out and an investigation proves that maintenance documentation is missing—despite being declared compliant—the body corporate could face legal action from tenants or authorities.
Best practice before signing
To mitigate risks, body corporates should:
- Maintain thorough documentation – Keep records of all inspections, maintenance and evacuation training.
- Identify and rectify compliance gaps before signing – Engage a third-party auditor to conduct a comprehensive fire safety audit.
The importance of an unbiased review
Relying solely on maintenance service providers for compliance assurances can be risky—after all, they are unlikely to report their own oversights or non-compliant work. A professional fire safety auditor provides an objective assessment, identifying gaps that internal checks or maintenance reports might miss. They ensure:
- No conflicts of interest – Unlike service providers, auditors have no incentive to downplay issues.
- Regulatory accuracy – They cross-check systems against current legislation, not just past service records.
- Risk mitigation – Catching non-compliance early prevents costly fines or legal exposure later.
It’s important to remember that an occupier statement is a legal safeguard, not just paperwork. By investing in an independent audit, body corporates can protect themselves and sign their Annual Occupier Statement with confidence.
Call us to arrange a comprehensive fire safety audit before your next occupier statement deadline.
