Many Body Corporates assume that once they appoint a fire contractor and sign the contractor’s service agreement, their building’s fire safety compliance is being properly managed.

Unfortunately, this assumption is often incorrect.

Across many strata buildings in Queensland, committees are signing service provider contracts that are primarily structured to protect the contractor, rather than agreements designed to ensure the Body Corporate’s compliance obligations are properly supported.

One of the most significant — and often overlooked — gaps in these agreements relates to documentation and compliance records, which are required under Queensland fire safety legislation.

The Responsibility Always Remains With the Body Corporate

Under Queensland law, the responsibility for fire safety does not transfer to the contractor simply because they have been engaged to maintain equipment.

The Building Fire Safety Regulation 2008 (Qld) places obligations on building owners and occupiers to ensure that prescribed fire safety installations are maintained and remain operational. In strata buildings, this responsibility generally sits with the Body Corporate for common property fire safety systems.

While contractors carry out inspections and servicing, the Body Corporate remains responsible for ensuring that:

• prescribed fire safety installations are properly maintained
• evacuation plans are in place and reviewed
• evacuation training is conducted where required
• records of maintenance and testing are kept
• Engaging a contractor does not remove these responsibilities. It simply means the contractor is performing specific services on behalf of the Body Corporate.

Maintenance Is Only One Part of Compliance

Routine servicing of fire safety equipment is essential. However, maintenance alone does not guarantee compliance with Queensland fire safety legislation.

Under the Building Fire Safety Regulation 2008, compliance involves more than servicing equipment. It includes ensuring that:

• prescribed fire safety installations are maintained and operational
• evacuation procedures are established and practiced
• evacuation plans are reviewed annually
• responsible persons receive evacuation instruction
• records of maintenance and evacuation practices are retained
• Maintenance must be carried out by a qualified person

A maintenance contract may address some of these tasks, but it rarely covers the entire compliance framework required under legislation.

The Critical Importance of Fire Safety Documentation

Proper documentation is a critical but often overlooked aspect of fire safety compliance.

The Building Fire Safety Regulation 2008 requires that records relating to the maintenance of prescribed fire safety installations must be kept and made available for inspection by the Queensland Fire Department if requested.

These records generally include:

• inspection and testing reports for fire safety installations

• maintenance schedules

• defect reports and rectification records

• documentation supporting evacuation plans

• records of evacuation instruction and drills

Without accurate documentation, it can be difficult for a Body Corporate to demonstrate that required maintenance and safety procedures have been carried out.

In the event of an inspection or investigation, the absence of records may be interpreted as non-compliance.

When Contractors Do Not Provide Complete Records

Although contractors usually provide service reports following inspections, these reports often contain only limited information.

Many contractors provide confirmation that equipment has been inspected, but they do not always supply the detailed documentation needed to support the Body Corporate’s legislative obligations.

Common issues include:

• incomplete inspection records

• unclear defect reporting

• absence of a complete register of prescribed fire safety installations

• limited documentation supporting evacuation planning or certification requirements

Over time, this can create significant gaps in the building’s compliance records.

In some cases, Body Corporates only discover these issues when a Queensland Fire Department inspection, insurance review, or independent fire safety audit is conducted.

Why Older Buildings Are Particularly Vulnerable

Older strata buildings are particularly vulnerable to documentation gaps.

Over the years, fire safety systems may have been modified, upgraded, or replaced. In some buildings, the original documentation has been lost or was never properly recorded.

If contractors only inspect equipment listed within their service records, other fire safety installations within the building may not be inspected or maintained.

Without a complete register of fire safety systems, committees may not have a clear understanding of what systems exist within their building or what maintenance obligations apply.

A Better Approach for Body Corporates

Before signing or renewing fire maintenance agreements, Body Corporate committees should consider whether the contract actually supports their compliance obligations under Queensland legislation.

Important questions to consider include whether the contract clearly identifies all prescribed fire safety installations within the building, whether inspection and testing records are sufficiently detailed, whether defects are clearly documented and tracked, and whether the documentation provided will support regulatory inspections or compliance declarations.

If these issues are unclear, it may be beneficial for committees to seek independent advice before entering into long-term service agreements.

Fire Safety Compliance Requires More Than Equipment Servicing

Fire contractors play an important role in maintaining fire safety systems. However, their agreements are often designed to define maintenance services rather than manage the broader compliance responsibilities imposed on building owners and occupiers.

For Body Corporates in Queensland, ensuring that contracts, reporting, and documentation properly support the requirements of the Building Fire Safety Regulation 2008 is an essential part of managing building safety.

Without the right contractual framework and documentation practices, committees may unknowingly carry significant compliance risk.