Compliance of the Building vs Compliance of the Owner
The AESMR is a statement in relation to the owner complying with their ESM obligations. The format of this compliance statement under the regulations is that:
“…the owner has taken all reasonable steps to ensure that each essential safety measure in the building or place – (i) is operating and has been maintained in a state that enables the essential safety measure to fulfil its purpose; and (ii) has been inspected, tested and maintained in accordance with the Act and these Regulations.” (Building Regulations 2018, Section 224(f)).
To be “compliant”, the owner needs to have taken “all reasonable steps” to ensure that all ESM are appropriately maintained and operating as intended. Other important information included in the AESMR is a table of all ESM on site and details of who has maintained them over the previous 12 months.
Important!
The AESMR is not:
- A statement that 100% of ESM in the building is necessarily compliant at that particular point in time
- A separate physical audit of any or all ESM in the building
