Annual Fire Safety - Stay of Infringement
Annual Fire Safety - Stay of Infringement

Annual Fire Safety - Stay of Infringement

Annual Fire Safety - Stay of Infringement

Let us know if you're unable to submit your Annual or Supplementary Fire Safety Statement by the due date.
Last updated on: 31 January 2026

Annual Fire Safety - Stay of Infringement

If you're unable to have the Essential Fire Safety Measures (EFSM) in your building inspected on time, you can apply for a Stay of Infringement (SOI).

A Stay of Infringement gives you extra time to:

  • have your Essential Fire Safety Measures assessed by an Accredited Practitioner (Fire Safety)
  • submit your Annual Fire Safety Statement (AFSS).
This means you won't receive a penalty notice for not submitting your Annual Fire Safety Statement to City of Newcastle by the due date, provided you've been granted the Stay of Infringement.

Application information

What you need to provide

This section will help you prepare a complete application; however additional information may be requested after our initial review.

Application fees

Application fees vary based on several factors. To get a quote, simply click the 'Apply Now' button below. You'll be guided through a few quick questions, and we'll provide a tailored fee estimate before you proceed.
Additional fees may apply following a full review of your application.

Related articles

  • Fire Safety - for general enquiries about fire safety.

Submit application

Create or sign into your account

  • As part of the application process, you'll be prompted to register or sign in to your account.
  • Your account makes it easy to submit applications and requests, track their progress, view outcomes, and make payments all in one place.
  • You can find more information and step-by-step guidance on creating a registered user account, as well as access to support services, on our Registration Enquiry article.

Next steps

  1. Shortly after submitting your application, you will receive an email confirming we've received it, along with a receipt for your application fees.
  2. Your application will be reviewed by the Development Compliance Team.
  3. Once the application is reviewed, you will receive an email advising either
  4. Your application is approved and the extension date of when the Annual Fire Safety Statement is required to be submitted to City of Newcastle and Fire + Rescue NSW.
  5. Further information is required by City of Newcastle to enable an assessment of your application to be conducted.
  6. Your application is declined and the reasons why.

Time frames

  • Stay of Infringement are usually granted for a period of 28 days.
  • Further time can be requested; however, you must clearly explain why you need more than 28 days and what time frame is required.
  • If the time frame extension is about to expire and the Annual Fire Safety Statement is still unable to be submitted, a further Stay of Infringement application can be submitted to us for consideration.