We have been asked the following questions regarding window locks legislation NSW by a LookUpStrata member:
Q: What types of window locking devices are being installed in strata buildings to comply with the new window locks legislation NSW?
The following responses have been received from members of the strata community. If you have any information to add, please include your thoughts in the comments below.
Clare Dominello, on behalf of Mr Dieb P. Khoury of Benjamin & Khoury Solicitors has supplied an introduction to the topic – window locks legislation NSW.
NSW Fair Trading say: ‘Each year, around 50 children fall from windows or balconies in Australia. Many suffer serious injuries. Sometimes these falls are fatal….’
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Have we done enough with the new reforms with our windows and balconies? By 13 March 2018 By-laws must be compliant. Owners Corporation in NSW will be required by law to have window safety devices installed on all above ground windows, both inside windows eg: within your apartment or outside windows eg: Common Areas gym areas, etc.
Requirements for Window safety and devices with the news window locks legislation NSW
As from March 2018, to help keep our families and friends safe, all Strata Buildings in NSW will be required to have fitted, MUST have fitted as per the new requirements, window devices that allow the window to be locked at 12.5cm when the device is engaged.
The device when activated will not allow the window to open fully. When the device is not activated your window can still open fully and close fully.
Owners Corporations are responsible for the Common Property they must have safety window devices installed on all common property windows by 13 March 2018. These are windows that are above the ground floor. They must stop the window opening more than 12.5 cm. The safety devices must be child proof and withstand wear and tear.
Can I still open my window fully?
Yes.
You can still open and leave open your windows. As an aid to stop children from falling from windows you have the peace of mind to know that when the window locks are engaged, children are protected from falling out of the window.
Please ensure that your window device is fitted properly. If the window device is lapse and not doing the job it should be doing, then you and or your strata could be facing non-compliance issues. This is a serious issue and not to be taken lightly. Penalties will be imposed for breaches if the new reforms are not meet.
Should you need assistance with By-laws and compliance our Principal Solicitor and Attorney Dieb P. Khoury has over 40 years’ experience in this area and can assist you.
Does the lock have to be on the window? Is there any alternatives?
Alternatively, it is possible to consider security screens, bars or grills on the windows. They must not have a gap bigger than 12.5cm. This is the alternative to not having the safety devices installed on the windows.
Remember: Flyscreens are not security screens.
How do I know which window this applies to?
A window within a child’s reach which is less than 1.7 m above the floor, and the floor is more than 2 m above the outside ground must have a window safety device.
Is there a time frame for when the locks must be installed?
The deadline for window locks legislation NSW is 13 March 2018.
If the window safety requirements are not meet, there is a penalty.
The Owners Corporation in the first instance will face fines, then owners will face fines depending on the window’s position and reason for the breach.
Pete Berney, Solutions In Engineering provides the following information:
Solutions in Engineering have been fitting Window Child Safety Devises for over 2 years now. We researched the legislation, purchased and tested many varieties of devices and consulted child services and the Fire department before settling on the keyed lockable devises we currently use.
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. We take a photo of every window when it reaches the prescribed newton force. And we came up with providing a certificate of compliance for the building once every open-able window had been tested.
A word of advice to Strata Mangers and Executive Committees – do not leave this up to the individual unit owners to do. You will get varying degrees of competency and quality with no record of compliance. It is the Owners Corporations responsibility that all open-able windows be compliant as windows are considered common property for maintenance purposes under section 62 of the strata management Act.
Strata Lawyers have talked about writing By-laws to circumvent this but to no avail as you cannot contract out of a legislative requirement.
Also consider your insurance, what would happen on the advent of a disaster where the owners fitted the lockable devises themselves, ask your insurer what the likely ramifications would be verse having all devises fitted by a reputable firm for the whole building and signed off on as being complaint.
Unfortunately a child will fall from an “alleged compliant window” in the years to come and the proceeding court case will set a precedent for the cases that follow. An Executive Committee member should greatly consider their exposure to this risk when choosing the method for which to aim to mitigate Window Child Safety Compliance.
You may also be interested in watching this Strata SnapShot series interview featuring Peter Berney, Solutions in Engineering – NSW Strata Window Safety
Lia de Sousa, Whitbread Insurance Brokers has responded regarding the insurance issues raised by Peter Berney above:
We would suggest that the comments from Solutions in Engineering represent an appropriate risk mitigation approach to the matter of complying with NSW Window and Balcony Safety regulations.
The most important factor to consider in relation to the Strata Insurance coverage, is that all reasonable care is taken either by the Owners Corporation or Lot Owners, to satisfy the relevant regulations.
Although there is no minimum standards as to the type of locks being installed, we recommend you refer to the following guides provided by the NSW State Government:
Window Safety Device Requirements
Prevent Falls from Windows and Balconies
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of personal advice. Please contact Whitbread Associates Pty Ltd ABN 69 005 490 228 Licence Number: 229092 trading as Whitbread Insurance Brokers for further information or refer to our website – www.whitbread.com.au or contact us on 1300 424 627.
Jeff Schultz, Express Glass warns there are a lot of cheap devices on the market (although being compliant) they are removable and can cause long term compliance issues. Express Glass have a Handy Guide on Locks Available in the Market. If you are interested in obtaining a copy of the booklet, just email Jeff at jeffs@expressglass.com.au.
Andrew Webster, Australian Child Window Safety sent in the following information about window locks legislation NSW:
As you are aware, the NSW laws have changed in regards to windows on strata and rented properties. The law states that if you fall into the bracket of their definitions the window needs to be restricted so a 125mm sphere cannot be passed through the opening at a force of 25Kg, or if correct screens are installed they must withstand the 25Kg force.
There are many products out there to overcome this issue.
We use some of the following products:
Venlock, Remsafe Window Restrictor, Whitco Vent Lock, Whitco Restricted Winders, Kidscreen.
These products can be supplied and installed starting from $45 per window.
The restrictors can be installed by residents, but be warned. They need to be correctly installed and tested.
ACWS can perform a test with a calibrated digital force meter and supply an installation and testing certificate to provide to your insurance company.
A lot of the “fly by nighters” are installing these products and not performing the testing which can leave you a little bit vulnerable with insurance companies in the event of something happening. As the new laws state the window must withhold the 25Kg force.
We are more than happy to provide a free quote to those who still need to comply with the new regulations.
Anthony Montibeler, Director at Norwest Strata Management has contributed this information from a Strata Management point of view:
We can proudly state that 99% of our Owners Corporations are now fully compliant with the new legislation thanks to the efforts of ASQB Window Safety.
Anthony and his team have been fantastic and fully understand the requirements of the legislation. They issue an installation certificate for each lot to state that it complies along with another certificate to state that the Scheme complies once they have installed every lock required.
They have been able to cater for every window they have encountered. Different windows have different requirements so it is best to get the professionals onsite first to check the windows so they can provide the right product for the application.
As Strata Managers we found benefit to having the Owners Corporation agree to doing the whole complex rather than leaving it up to the individual owners to carry out & provide a compliance certificate for their lot only.
Jeff Gough, Liverpool Glass Company gives you an idea on how much installation costs:
We supply & install window locks for $110 for the first one (per tradesman) as part of the traveling component. $55 for every lock installed whilst onsite after the first on the same day.
E.g. 10 units with 5 windows each = 50 windows x 2 tradesmen
2 @ $110
48 @ $55
Total = $2860.00 (inc GST)
This is the window lock they recommend, which comes in both white and black.
The majority of responses above providing information on the topic of Window locks legislation NSW where either emailed through or provided in response to a call out for information about window locks legislation NSW on our LinkedIn Group. If you are a LinkedIn member and would like to be involved in this networking group, please join here.
We thank everyone who responded and hope the post has been helpful to those who are asking the question “why do I need locks on my windows“.
Read next:
- NSW: Q&A Which Doors and Windows Need Strata Window Locks?
- NSW: Q&A Window locks for strata – admin or capital works fund expense?
Where can you go for more help?
Looking for a window lock specialist in your area? Search within our Strata Services Directory in the category window lock specialists for the best list of contacts available.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
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 Jane
Yes. Although locks are required to be fitted, there is no requirement for the windows to be permanently restricted to the 125mm opening.
See more about this on our article: NSW: Q&A Which Doors and Windows Need Strata Window Locks?
“I think it is important for residents to understand that this legislation hasn’t been introduced to hinder ventilation, nor are the requirements demanding that windows be permanently locked at 125mm.”
Thanks
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!!!
Hi John
Thanks for your comment. We had a similar question come into the site a little while back. You may be interested in reading this Q&A post from Peter Berney:
NSW: Q&A Why Should I Install Child Proof Window Locks?