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ARTICLE · 29 JULY 2026

Fire Safety In Leases - When Compliance Determines Who Pays

Most fire safety disputes don’t start with a fire. They start with an invoice no one wants to pay. Although the legal obligation for fire safety compliance usually sits with the building owner, commercial and retail leases often reallocate the cost and practical responsibility of compliance to tenants - particularly where works are said to arise from a tenant’s use, fitout or configuration of the premises.

AustraliaReal Estate and Construction

Most fire safety disputes don’t start with a fire. They start with an invoice no one wants to pay.

Although the legal obligation for fire safety compliance usually sits with the building owner, commercial and retail leases often reallocate the cost and practical responsibility of compliance to tenants - particularly where works are said to arise from a tenant’s use, fitout or configuration of the premises.

“It’s only a few extra sensors”

From 13 February 2026, certain classes of buildings in New South Wales must have essential fire safety measures inspected, tested and serviced in accordance with AS 1851-2012. As buildings are reassessed against this standard, compliance gaps are emerging.

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