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.