ALERT: Window Safety Devices for NSW Strata Schemes: Important Update for Owners Corporations

In order to prevent children from falling from windows, new requirements for window safety devices to be installed on windows in strata schemes are set to come into force in NSW.

What is the deadline for installing safety devices?

Safety devices must be installed by 13 March 2018.  NSW Fair Trading advises that non-compliant Owners Corporations may face fines if safety devices are not installed on all relevant windows by the 13 March deadline.

Who pays for the safety devices?

Owners Corporations may be able to pass the cost onto individual unit owners for installing the safety devices.  We recommend you contact BAL Lawyers for advice on applicable scenarios.

What strata schemes does this apply to?

The new requirements apply to any strata building containing Lots used for residential purposes.

What windows are required to have safety devices?

Safety devices must be installed on any openable windows where the floor inside is more than 2m above the ground outside and the lowest part of the window is less than 1.7m above the floor inside.  This applies to windows in individual residential units, as well as on Common Property.

What does the window safety device do?

Safety devices must be capable of limiting the maximum opening of the window to be less than 12.5cm and be capable of withstanding a certain amount of force (250 Newtons).

Can the windows still be opened?

Yes, the safety devices can be temporarily disengaged and windows fully opened, if residents choose.

Further information is available from the NSW Fair Trading website.

Written by George Kordis, Special Counsel. If you require advice on your strata law matters, contact us.