If you think you have misplaced the Form 3 that we have provided, don’t worry.

Clients’ Form 3 is stored in Uptick, in the property public folder named Form 3.

You can access this anytime via the Customer Portal, which you may access at the top of our web page by clicking on the link named Customer Portal.

Form 3 Certificate Templates

If you need a Blank Form 3 Certificate Template, you can access one from Plan SA by clicking on the link provided below.

One common question we often receive is, “We would like you to help us with our Form 3 requirements; we also have an arrangement with a current service provider.” The answer to this is that there are two options:

1. Keep your current service provider for the services they are currently providing, and we will handle the services they cannot fulfill.
2. The most practical option is to terminate services with the current provider and engage us to manage all the required tasks within the Form 3 ESPs Requirements.

The reason for these options is to maintain the integrity of your Form 3. It is important to only work with one service provider and one Form 3. If there are multiple service providers, multiple Form 3s need to be completed, as a service provider under their license cannot sign off on another provider’s work.

Furthermore, by utilizing Uptick, our asset management software, while handling the entire Form 3, you gain a comprehensive understanding of your current ESPs status. This information can also be accessed through the Customer Portal, where you can view all reports, defects, quotes, as well as current and past invoices.

Essential Safety Provisions (ESPs) are a standard part of owning a commercial or multi-unit residential building.

They are critical for the safety of the property and its occupants.

ESPs are fire safety items that prevent the spread of fire and allow for effective evacuation in the event of an emergency.
They include fire extinguishers, non-flammable linings, and exit doors.

ESPs requirements for a building are set when development approval is granted as follows:

• Form 1: Schedule of ESPs to be installed in the building, specifying installation and maintenance standards.
• Form 2: To be completed by the installer of each item (such as the builder), then returned to the local council.
• Form 3: If applicable to the building, must be completed and returned to the local council annually.

Failing to comply with ESPs requirements is an offence in South Australia.

Infringement Notices issued by the local Council can apply to the following offenses:

• Failing to provide a Form 3 within 60 business days after the end of the calendar year.
• Failing to maintain ESPs.
• Failing to produce proof of maintenance when requested to.

Refer to previous development approval documents (Form 1), if you have them, or ask the local council for a list of ESPs.

The ultimate responsibility and liability for building fire safety falls on the property owner.

While owners may have agreements with tenants or builders regarding the installation or maintenance of fire equipment, the owner is ultimately legislatively responsible.

This means that any enforcement action required, such as a fine, will be taken against the property owner.

A Form 3 is a document that needs to be returned to the local Council within 60 business days after the end of each calendar year, and it certifyies that all required ESPs have been tested and maintained for the previous year.

The Form 3 lists all applicable ESPs and their relevant maintenance standards.

Form 3s are only required for high-risk buildings, such as:

• Class 2 buildings
• Class 3, 4, 5, 6, 7, 8, or 9b buildings which are 4+ storeys or 500sqm+
• Class 9a or 9c buildings of any size

Form 3s are also required when:

• The relevant authority has requested a Form 3 due to there being a performance solution
• The building has been subject to a fire safety defect notice

Owners of buildings that are not required to provide a Form 3 to council annually must still maintain their ESPs.

As of March 2021, Form 3s must be in the prescribed format. The Form 3 must be signed by both the maintenance contractor and the building owner/manager.

The maintenance contractor may list any defects outstanding at the time of submission.

If several different parties are performing the routine maintenance of the ESPs in a building, each party must submit a Form 3 for their part of the work.

This may include a fire technician, mechanical contractor, lift contractor, electrician or the building owner/tenant if they are performing some of the maintenance themselves.

Note: The local Council will provide building owners with Form 3s already pre-filled with the information specific to their building (including the list of required ESPs in Table 3.1).

The local Council can also provide an electronic copy for completion by maintenance contractors upon request.

To complete a Form 3:

1. Confirm that the reference information on the first page is correct.
2. The person performing the maintenance fills Table 3.1 with the ESPs they are maintaining. Alternatively, if it has already been filled out by council with all ESPs applicable to the building, the person performing the maintenance strikes out any that they are not responsible for.
3. The person performing the maintenance selects an option in the ‘maintenance verification’ box on the first page. Any outstanding defects should be listed in Table 3.2.
4. The person performing the maintenance signs the contractor section on the first page and lists their licence number, where required. If no licence is required, the competency/qualification section should be completed. Note: maintenance work being performed by someone who does not hold the required licence invalidates the Form 3.
5. The property owner/manager confirms that all ESPs have been covered, and takes note of any outstanding defects requiring rectification.
6. The property owner/manager signs the owner’s verification and submits the form to us.

Form 3s must be returned to us within 60 business days after the end of the calendar year.

If a property owner is unable to return their Form 3(s) to us within 60 business days after the end of the calendar year, they must obtain an extension of time from us to avoid a fine or other enforcement action.

According to the Planning, Development and Infrastructure Regulations 2017, property owners are responsible for annually returning their Form 3.

While local Councils have previously offered free annual reminders, they cannot guarantee this service will remain free of charge indefinitely.

We advise property owners subject to Form 3 requirements to take a proactive approach and collaborate with us to ensure compliance.

An Environmentally Relevant Activity (ERA) Site Pollution Schedule (ESPS) remains attached to a building indefinitely, whether vacant or not, until demolition or replacement.

Therefore, we strongly recommend property owners keep this information and set an annual reminder for themselves.

Put simply, a property owner must comply with the development approval for their building, which includes having all ESPs installed per the approved plans and Form 1. The ESPs required for a building can only be determined via the development assessment process.

If some ESPs are found to be missing from a building, they will need to be installed in accordance with the approved plans as soon as possible, or an amendment to the original development approval sought to remove that requirement (if permissible under the National Construction Code). Any proposed changes to the approved schedule of ESPs must be formalised before we can accept a different Form 3.

A property owner may also at any time seek to have the ESPs reissued entirely for their building if there are substantial variations, or if they wish to upgrade the maintenance standards.

Most ESPs can be inspected by a certified licenced fire technician.

Note that some ESPs require the technician to hold a specific licence to be able to perform the routine maintenance (hydrants, hose reels and sprinklers).

Some ESPs may also be maintained by other people including:

• Lift technicians
• Mechanical/air conditioning technicians
• Electricians
• Builders/surveyors/architects
• Property owners/tenants

If you would like to obtain a quote for our services for your ESPs maintenance, clink on the link.

If you would like to open an account to engauge our services, clink on the link.

We understand that ESPs can be complex at times, and our dedicated ESP officer and experienced Building Team are always available to assist with any queries.

The safety of the community is of the utmost importance to the local Council.

Property owners failing to install or maintain ESPs as required can raise concerns. ESPs are not just red tape; they are a critical and effective means of ensuring the safety of a building, its occupants, and firefighters.

We will always provide the owner with the opportunity to rectify the deficiency first. However, if they fail to do so, a local Council may eventually determine that the only remaining course of action is to enforce compliance and/or commence legal action against the property owner.

This could involve revoking the Certificate of Occupancy for the building, meaning it may not be occupied anymore, or referring the matter to the local Council Building Fire Safety Committee.

Failure to meet ESPs obligations can void insurance and expose owners to serious legal issues in the event of a fire.

It is common for one property to have multiple Form 3s, but this typically has minimal impact on the maintenance of Essential Safety Provisions (ESPs).

Form 3s are associated with Development Approvals rather than specific buildings. Therefore, if a building was constructed in multiple stages, it is likely to have multiple Form 3s.

It is feasible to ask the local Council or a Building Certifier to consolidate all ESPs for a building into a single Form 3, simplifying the process of annual returns.

This request may require providing plans and details related to the fire services on site.

Your property relies on a connection to the water main, typically located on the street.

It is important to regularly ensure that the street plug is present and has adequate water flow to support firefighting efforts in the event of an emergency.

If you are unsure where the nearest street plugs are, please contact SA Water.

Street plugs must undergo a ‘flow test’ annually.

You can arrange and book a flow test through us, and we will send you the results to provide to the local Council along with your Form 3.

Please note that your neighbors may also rely on this street plug, so coordinating testing with them may be beneficial.