Question: If our OC decides to ask occupants to report on the working order of their window safety devices rather than engage a qualified inspector, who is responsible if there is an accident?
Our AGM included a motion regarding window safety devices was defeated: “that the strata committee engages a suitably qualified consultant or contractor to carry out an inspection of these devices and submit a corrective actions report in compliance with Regulation 30”. The owners corporation (OC) decided that the strata manager could write to all occupants requesting a report on the working order of each lot’s window locks. I’m concerned that most occupants wouldn’t be qualified to determine the working order of the devices or whether a device had been tampered with.
If the OC doesn’t undertake an inspection by a qualified consultant and there is an accident because of a faulty window device, would the OC be responsible? If an occupant tampers with a device and an accident occurs, who is responsible?
Answer: These devices are a critical safety measure, and assessing their compliance and functionality requires technical skill and the right equipment.
From a legal risk and compliance perspective, owners should not assess their own fall prevention devices.
Instead, a qualified contractor or consultant with the appropriate tools, training, and insurance should carry out the inspection. This protects the OC, individual owners, and residents from potential liability and ensures compliance with NSW law.
We highly recommend that inspections of fall prevention devices be carried out by an industry expert rather than relying on untrained occupants, strata managers or property managers. These devices are a critical safety measure, and assessing their compliance and functionality requires technical skill and the right equipment.
Qualified technicians are window specialists, specifically trained in window fall prevention and are experienced in identifying high-risk windows that may otherwise be overlooked. We use calibrated force gauges to test compliance with Regulation 30 and have access to the tools and replacement parts needed for immediate on-site repairs, minimising risk and inconvenience.
When assessing a device, the specialist must record the correct documentation. This documentation should be date and time stamped, clearly identify the location of the high-risk window, and include supporting images of the existing device, along with a pass/fail status. This level of detail ensures that the inspection is traceable, actionable, and can be relied upon should questions of compliance or liability arise in the future.
Beyond the technical aspect, it’s also essential that professionals with appropriate public liability and professional indemnity insurance carry out these inspections so that, in the event of a failure or incident, both the OC and the individual lot owners have protection from liability.
To address your concern directly:
If a qualified professional does not undertake a properly documented inspection, and an accident occurs due to a faulty, tampered or missing device, the OC may be held liable.
If an occupant tampers with a device, the responsibility may shift depending on the circumstances, but proactive inspection and reporting is a strong risk mitigation strategy.
Engaging a professional is not only a matter of best practice — it’s a critical step in ensuring occupant safety, legal compliance, and peace of mind for all involved.
This post appears in the July 2025 edition of The NSW Strata Magazine.
Anthony Shakar
ASQB
E: anthony@asqb.com.au
T: 02 9785 7893
Leave a Reply