This article discusses strata stair tread safety, outlining NCC requirements and owners corporation duties when installing carpet and improving stair safety in older buildings.
Question: We are laying new carpet in an old building’s common areas. I am over 70 and want the owners corporation to install treads for the safety of all residents. Are there rules for this?
Answer: The walking surfaces in the building must meet certain safety requirements.
Based on the information provided, it is crucial the walking surfaces in the building meet certain safety requirements, including safe gradients, suitable handrails, and slip-resistant surfaces. Please note that the information provided below is not legal advice and should not be construed as such.
The National Construction Code (NCC) establishes the minimum necessary requirements for safety, health, amenity, and sustainability in the design and construction of new buildings (and new building work in existing buildings) throughout Australia. Clause H5P1 of the NCC mandates that walking surfaces have safe gradients and that any stairway or ramp must have appropriate handrails, if necessary, to provide stability to users. Moreover, the stairway or ramp must be suitable for safe passage based on the nature, volume, and frequency of likely usage. Since this is new building work, H5P1 would likely apply.
Under common law, the owners corporation (OC) also has a duty to take reasonable care not to cause harm to another person. The OC owes a duty of care to ensure that their premises are reasonably safe for anyone who enters their property. Therefore, if the OC knew about the risk (such as slippery stairs), which is very reasonable and foreseeable, and chose not to manage that risk adequately, it could prove hazardous, particularly if there is a high density of older people in the building.
This post appears in Strata News #655.
Dakota Panetta
Solutions in Engineering
E: dakotap@solutionsinengineering.com
P: 1300 136 036
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