Understanding The Updated Form 3 Requirements In South Australia

What is Form 3?

Essential safety provisions present one of the largest burdens of proof when certifying maintenance and testing. Particularly when carried out across the myriad of systems and structures a given building contains.

Form 3 is an annual requirement, specifically for buildings built after 1991. Ministers Specification SA76 specifies that building owner must provide annual maintenance verification within 60 business days of a calendar year’s end where maintenance and testing have been carried out. 

If a building is built before 1991, owners must maintain a ‘Logbook pursuant to Part 59 of the Building Regulations 1973.’

Each maintenance contractor must list all outstanding defects pending rectification on Form 3. This includes critical defects, non-critical defects and non-conformances as of the 31st of December each year.

Form 3 applies for all Class 1b–9c buildings with a gross building area greater than 500sqm. Without a current Form 3, buildings are not legally useable. So any gaps or inconsistencies in your submissions could leave your premises potentially unoccupied for some time.

What’s new to Form 3?

First of all, to maintain transparency, each maintenance contractor must individually fill out the Form 3(s). Additionally, they must sign a declaration for the measures they have maintained. This includes details of their competency to conduct the maintenance. For example, educational, training and/or licencing details.

Previously, owners could place responsibility onto their tenants. Both for the engagement of contractors and the rectification of defects. The new Form 3 process mandates that owners remain fully informed of the compliance status of their buildings. They prove this by signing the building owner’s verification on every Form 3 document issued for their building.

Owners can still delegate the responsibility by engaging maintenance providers and paying fees associated with essential safety provisions. However, the ultimate responsibility for the compliance of the building lies with the property owner. Only the owner, building manager or authorised representative of the owner can sign the Form 3 owner’s verification statement.

Playing by the rules

If you work in the building industry, you know the importance of ensuring your work stands up to scrutiny. Not only now, but in the long term.

Hendry recommends you engage independent essential safety provisions experts. These experts can ensure compliance and conduct annual onsite audits of your facilities. This will help ensure that all parties adhere to the requirements of the Form 3 process. At the end of the process, the Form 3 is signed off on the owners’ behalf by a competent person. Then, it is submitted to the LGA to satisfy legislative requirements.