Question: Should short-term rental guests in strata buildings have access to the restrictor key to open windows fully?
Should short-term rental guests (e.g., an Airbnb guest for two nights) staying in a NSW multi-storey strata unit have access to the restrictor key so they can open the window fully?
Some bookings may only be for adult occupants, or they may accept the responsibility for supervising children near the windows.
Answer: The responsibility still falls on the owners corporation (and in turn, the lot owner) to ensure safety standards are met and maintained.
Anthony Shakar, ASQB:
While the law does not specifically address short-term guest access to restrictor keys, the responsibility still falls on the owners corporation (and in turn, the lot owner) to ensure safety standards are met and maintained.
Providing a restrictor key to short-term guests is not recommended for the following reason:
- Risk of non-compliance: If a guest unlocks the window restrictor and forgets to lock it again, the window may no longer meet safety rules. This can lead to legal or insurance problems for the strata.
- Supervision doesn’t remove the risk: The safety laws still apply no matter who is staying in the unit — even if there are no children or the guest agrees to be careful. The rules must be followed at all times.
- Guests may not follow the rules: Unlike permanent residents, short-term guests might not know or care about the safety requirements. They’re also unlikely to make sure the restrictor is locked again before they leave.
However, this answer is only the opinion of ASQB. It should not be taken as legal advice.
Tyrone Shandiman, Strata Insurance Solutions:
We are not aware of any insurers currently imposing specific exclusions relating to the presence or use of child-safe window restrictors.
If a claim were to be made against the owners corporation, the insurer would generally respond subject to the terms, conditions and exclusions of the policy. In such a case, the insurer would typically manage the claim on behalf of the owners corporation, which may include mounting a robust defence — for example, where they believe the owners corporation is not liable and that responsibility rests with the lot owner.
The owners corporation must take all reasonable steps to comply with relevant legislative safety requirements. While we cannot provide legal advice, insurance is ultimately a fallback in the event of a worst-case scenario. Ensuring appropriate safety measures are in place — and maintained — helps reduce the likelihood of an incident occurring and the risk of liability arising in the first place.
This post appears in the August 2025 edition of The NSW Strata Magazine.
Anthony Shakar
ASQB
E: anthony@asqb.com.au
T: 02 9785 7893
Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 1300 554 165
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.
the legislation states: the screen is capable of resisting an outward horizontal action of 250 newtons,, this is not rocket science 250 newton is the same as 25 kilogram. to test is apply 25 kilograms of outward force onto the screen. hold a set of bath room scales against the screen and push till it reads 25kg.
‘testing and charging and so called compliance certificate is a rort’
I should add that the window locks used on common property like stairwells most probably breach the ventilation regulations in the i. National Standards 1668.4, and
ii. Building Codes of Australian F4.5 a-1
in other words screens are the only option for common property, locks should never have been used because of ventilation issues
Everybody wants to make money out this don’t they? I love the comment about how Lot owners can’t do it as you can’t contract out of a legislative requirement. Well this below is taken straight from the Fair Trading website:
The owners corporation can pass a common property rights by-law which makes the individual lot owners responsible for installing window safety devices.
The owners corporation can also consider adopting the model by-laws (Schedule 3 of the Strata Schemes Management Regulation 2015) which allow individual lot owners to install and repair window safety devices in their own lot without consent.
windows opening 125mm high rise unit will that apply to QLD strata schemes.
Hi Bruce
We have received the following response back from Peter Berney, Solutions In Engineering:
There hasn’t been any further talk of Window Child Safety Compliance being made retrospective in Qld. In 2013 the Building Code of Australia changed requiring all buildings with residential lots where the floor is 2 metres or more from ground level and the interior floor to window sill is less than 1.7 metres for all openable windows to be restricted to not open more than 125mm. Only the state of NSW made this retrospective and only under the Strata Management Act. This means that schemes not registered under this Act such as Community Associations, Neighbourhood Schemes and Company title buildings all avoided having to comply.
What can you do if you would like to have the peace of mind of having windows restricted when young children are around?
Well, you can certainly have Window Child Safety Devices installed. A lockable ‘keyed’ device allows the occupier to open the window when children are not present and relock when they are. This is ideal for grandparents for example for when the grandkids come over but don’t live there full time. The Building Codes Qld site states that the most common reasons children fall from windows are:
· Furniture placed below openable windows
· Failure of flyscreens to protect openings
· Non-safety grade glass (often in older buildings where this requirement did not apply at the time of construction)
Building design can play an important part in helping prevent injuries from falls from windows. QISU recommends that where rooms may be used by children, larger openable windows should be avoided and higher positioned louvre-type windows should be used instead.
Despite the technical provisions of the NCC, QISU suggests it would be good practice that where it is likely a child can gain access to a window, the opening should be limited to a maximum of 100 millimetres. To do this, windows can be fitted with devices (to allow a window to only open 100 millimetres for example) or barriers (metal mesh or bars with no opening greater than 100 millimetres). Natural ventilation of rooms will also need to be considered where windows are fitted with these devices or barriers.
Fly screens may be effective barriers for insects, but they do not prevent children from falling out of windows. A metal mesh or grill is a suitable alternative that will allow a breeze through the building.
I own a 2 story townhouse and have an air-conditioner sealed into the window. The glass has been cut away to install the air conditioner then sealed. It is not possible to open the window.
Other owners who had air conditioners in their windows had unsealed air conditioners ie the window remained open and glass sat on top of air conditioner. These air conditioners had to be removed.
As my air conditioner is sealed into the window do I need to have this removed? If so who should pay as a new window would have to be installed after the air conditioner was removed.
who determines the requirements to be a “qualified” inspector of the window locks ?
What kinds of windows need a “compliance certificate”?
The Fair Trading NSW website indicates that windows where the height difference between the internal and external floors is less than 2 metres are not required to have safety devices fitted. An example is a window that opens to a balcony (as distinct from a balcony door).
Do we need to have these “not required” windows inspected and have a compliance certificate issued for them as well? (to certify the fact that they are not required by law to have safety devices fitted)
My unit is on the top floor of a three level 1960 unit block. I have one window, double sash aluminium, which can be opened on to a balcony. The window is approximately 1 metre . from the balcony floor level. Am I correct in assuming this window will not need to be fitted with a lock.
(Update from Admin) Anne got back to us to report: As I had anticipated there was no need for one to be fitted to the window that opened on to the balcony, for which I am extremely grateful as making space for the guy to do the job would have been a real nightmare!
Hi guys my building has been quoted by one company to put in the devices but the way they have quoted makes me concerneed as they advise after installing each device, a test must be done on every window incurring an extra seperate fee of $33 per window which is charged once the test is passed. We have over 100 Windows to get done!
Do you know if it a common that suppliers charge additional fees for the test and certificate which documents a window has passed the legislation requirements? Other quotes don’t mention this but could be a hidden charge and I’m not sure of what others have experienced with their buildings.
Hi Laura
A test is required, however I’m not sure of the charges. I’ll do some checking and get back to you.
Thanks
Nikki
I, like many other owners, don’t have children and I am angry that I am being forced to have these window locks installed. We are being treated as if we are in government subsidised rental accommodation and not home owners. Also, in relation to the cost of the locks, is it true that the owners have to cover the expense?
Regards
Anne Moran
Hi Anne
Installing the window locks and complying with this legislation is an Owners Corporation expense.
And where do you think the Owners Corporation funds come from ?
Is there a list of locks that comply so that I can choose the right one to install?
G’day – As an owner, I am extremely pi$$ed off by this legislation and ask ‘why is it so’ – and I don’t want a bland answer of ‘children don’t fly’. Whatever happened to parental responsibility and acceptance of that responsibility?. Why is it that umpteen million windows across NSW have to be locked down when a substantial percentage of those householders have no children present or rarely present?
My block of units is not large, but 2/3rds of us are “retired oldies” who a) do not have children living on-site, and b) rarely have children visit and then only for a very short visit. Why the hell do we need to lock up our windows for no worthwhile purpose?
Neighbours in other units tell us that not one single tenant or owner is happy with this window lock requirement; others advise us “just remove the locks like we have done”. I have personally looked at window locks as installed in 3 local apartment units … all “professionally” installed
Some have been pop-rivetted in, so can never, ever be opened beyond the 12.5cm limit Others have been screwed in with openings between 100mm and 130mm. ALL vertical opening aluminium framed case windows I have examined fail to open beyond 125mm under any circumstances
And then we come to the issue of fire and emergency egress. When all these windows are locked down and a fire starts, how can children &/or elders escape when the damn window will not open fully?
It also begs the question – how many people are fire rescued annually vs how many children fall out of windows?
I am also receiving comment from local real estate people advising that landlords offering holiday rental units are withdrawing them from the marketplace, as it’s well known that during the hot weather periods, every visitor wants windows opend fully to receive the breeze. Or – the landlord now is advised to install an air-conditioning unit for cooling.
Why should a landlord be forced to install a $4000 air conditioner and suffer the running costs due to locked windows?
Has anyone ever thought about these things – and braved public consultation – “real” public consultation before things are signed off?
I posted this comment 2 weeks ago, and no-one has responded. This tells me that the topic of “mandatory” installation of window locks cannot be justified by this organisation – and by extension, unjustifiable by other organisations as well
In my O.P. I posed the idea “It also begs the question – how many people are fire rescued annually vs how many children fall out of windows?”
The 2016 annual report from Fire and Rescue NSW states that they conducted 22,042 fire rescues and 11,520 non-fire rescues during the previous year.
It makes the figures of “50 children Australia wide who are hospitalised annually due to falling from a window” shallow by comparison.
All in all, it’s an appalling system and I for one, will not be installing these window locks into my apartment
Hi Phil
Thank you for your comments. LookUpStrata plays no part in forming the legislation. We simply keep lot owners informed about changes that are and will be affecting their strata living. We do our very best to present this information in an unbiased manner.
Thanks
Hi Can I confirm if I have keyed windows locks that securely lock the window in its closed position, Will it meet the legislative requirement?
I have no children so I dont expect to have a restrictor when I have it opened.
Can you please advise if this will meet the requirement
Hi Richard,
Thanks for your question. I refer you to the comments made in the article above by both Whitbread Insurance Brokers and Peter Berney, Solutions In Engineering. In particular:
Peter Berney: “The issue is not so much the devise as is the logistics of organising and gaining access and then proof that the devise was fitted and tested to 250 newtons.“
As I’m reading this legislation, the window locks must be fitted, but not necessarily engaged or in use continuously? The reason for the question, in our building, as more investors have bought in, and more ethnics are renting, the winter months are a strong deterrent for opening the windows inside the unit and airing the space. The cooking smell comes into the common area, the windows onto the common area need to be opened to air the common space. The 12.5cms opening is insufficient for airing the common space, as we have learnt from experience in the past 15 years. Aside from changing/replacing the window, what are the legislated rules if a window with slated panes/panels, is installed?
Hi T Kot
Thank you for your question. We have received the following reply back from Peter Berney, Solutions In Engineering:
To be compliant, section 30 of the Strata Schemes Management Regulation 2016 (NSW) requires that window safety devices must:
· Be capable of restricting the opening of a window so that a sphere (125mm in diameter) cannot pass through,
· Be capable of resisting an outward force of 250 newtons, and
· Have a child resistant release mechanism
Windows with slated panels would still need to comply with this requirement. This is because a ‘window’ as defined by the Building Code, in relation to s 30 of the Strata Schemes Management Regulation 2016 (NSW), includes: glass panels, glass louvre, or other device which transmits natural light directly from outside a building.
Therefore, your windows will still need to be fitted with an appropriate window safety device – in compliance with the legislation.
Can someone who is independent tell me if the window locks on our building comply.They are 1.85m from the floor and will resist the force. Fair Trading NO help.
Hi John
Thank you for your question. We have received the following reply back from Jeff Schultz, the Business Development Manager at Express Glass:
The legislation specifies that opening windows only need a device capable of restricting the window when engaged if the lowest level of the window is within 1.7m from the internal floor.
You state your windows are 1.85m from the internal floor. If this is the case they would most likely be exempt from the legislation. If you would like piece of mind, Express Glass are able to check and certify buildings but this does incur a fee. They can be contacted at childsafety@expressglass.com.au.
Please let us know if you have further questions, John.
I stated that the WINDOW LOCKS are 1.85m from the floor,not the windows.
Does this mean that the window LOCKS comply with the legislation.The locks are such that the window can be locked completely and can resist the required force necessary to open same
Thanks John,
We have received this further reply back from Jeff Schultz, Express Glass:
My recommendation is to engage an appropriately qualified tradesman to assess the building and certify his windows comply to ensure the strata is covered in the case of a future accident.
Hi!
I am getting conflicting information about what is required and would love an answer (if possible) today as I am going to a Strata AGM tonight. I am an owner of a unit in a 1960’s block.
A friend who is in a 1960’s unit block in Dee Why had new windows and locks installed by her supplier. Her supplier said this:
To comply with the Australian Building Code of Australia, Strata Schemes Management Regulation 2016 and the National Construction Code, any opening window that is below the 865mm will need to be permanently restricted to only open by 125mm.
You are saying differently? It sounds like you are saying that we get locks put on, but can have the windows wide open – it kind of defeats the purpose of the “permanently restricted aspect” of the legislation.
Confused!
Jane
Hi Peter
Thanks for the prompt reply – and the good news
Hi Nikki
I’ve just downloaded a ‘Restricted Openings Flow Chart’ from the AWA website. There’s a ‘Child Resistant Restriction’ compliance which you’ve featured on this page (ie: lockable) but the flow chart features another level of compliance: ‘Permanent Restriction’ for all windows within 865mm of the floor. Does this mean the lockable device you feature doesn’t comply?
Hi Ray
Thank you for your question. We have received the following reply back from Peter Berney, Solutions In Engineering:
The flowchart is based on the NCC, which is not retrospective. This means that window locks don’t have to be permanently restrictive unless they are in a new building or the property undergoes major work to its windows – your windows only need to comply with the code that existed at the time that your building was constructed. As such, the locks that we supply can be used on your building and do restrict the windows appropriately.
Cheers Peter
Given the huge cost of installing window locks thru’ strata buildings in NSW,especially in strata units where NO children are present or unlikely ever to be present,surprised that no pressure has been put on the Gov. to reverse this un-necessary law
How about we introduce legislation to make parents look after their kids,eg we dont have parents ignoring 3&5 year olds bouncing up and down on a bed next to an open window 3 stories up!!!