Articles

New window safety requirements for owners corporations

Owners corporations now face a new window safety regime as a result of the introduction of the Strata Schemes Management Regulation 2016, which seeks to increase child protection measures in relation to common property windows in strata property building complexes.

Since 13 March 2018, owners corporations (more commonly known as body corporate) have been required by law to have window safety devices installed on all openable windows which are:

More than 2m above the external surface of the building, and
Less than 1.7m above the internal floor (i.e. within a child’s reach).
The Regulation defines a compliant window safety device as one:

Capable of restricting the opening of a window to 125 millimetres,
Capable of resisting an outward force of up to 25 kilograms, and
With a child proof release mechanism.
A visual guide explaining which windows this new legislation applies to is available at:

http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Window_and_balcony_safety/Window_safety_device_requirements.page#Which_windows_does_this_apply_to?_

As an alternative to the traditional safety devices which only allow the entire window to open 125 millimetres, the installation of security screens, such as bars or grills on the windows, is also appropriate. This is provided that the screen can withstand the required force and does not have gaps larger than 125mm.

Owners corporations that fail to install the appropriate window safety devices on all applicable windows may be liable to pay fines.

A list of FAQs regarding the appropriate measures to be taken is available at:

http://fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Window_and_balcony_safety/Window_safety_device_requirements.page

If you have any questions regarding the deadline, installation or compliance requirements regarding these changes, or you require advice on the legal requirements of any aspect of strata property, please contact Morrissey Law & Advisory

Disclaimer: This publication by Morrissey Law & Advisory is for general information and commentary only and should not be considered or relied upon as legal advice. Formal legal advice should be sought in relation to any matters or transactions that may arise in relation with communication.

2018-07-12T16:31:41+00:00 May 23rd, 2018|Commercial & Corporate Advisory|