Question: Can our body corporate enter our lot for a fire safety check whether we are home or not?
As a lot owner, we’ve been informed that fire safety checks will be carried out in our building on a particular day. We cannot refuse entry to our apartment or change the date or time. They will knock before entering but will enter, whether we are at home or not.
Most owners were surprised to find that the body corporate has keys and supposedly the right to access our properties without our permission when we are away. Is this legal?
There could be kids home alone. Last time these checks were done, someone’s wife was asleep in bed and was woken by random people wandering through her bedroom.
Answer: Routine maintenance is mandatory under the legislation and how compliance is achieved differs between Body Corporates.
Without the information about the equipment that is meant to service it is difficult to comment.
However, in most apartment buildings, this relates to Fire Doors or it could be the buildings Fire Detection System if installed to AS1670.
In regards to access to the units for testing smoke detectors, this can not be avoided as 50% of smoke detectors and 25% of thermal detectors must be tested each year. This is usually arranged by testing odd unit numbers one year and even the next.
In respect of the fire door maintenance, this should not require access to the internal part of the unit i.e. bedrooms etc as this only requires the inspection of the entry door and should not take more than a few minutes.
We can not comment on the legality of the Body Corporate having keys to an apartment or demanding access. However routine maintenance is mandatory under the legislation and how compliance is achieved differs between Body Corporates.
This post appears in the November 2021 edition of The QLD Strata Magazine.
Stefan Bauer
Fire Matters
E: sbauer@firematters.com.au
P: 07 3071 9088
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