Safety rules for strata common property
The owners corporation must make sure that common property is kept safe and working. They may also ask a strata manager to take on this task.
Key information
- The owners corporation must make sure all common areas are maintained, and state and local government safety rules are followed.
- Certain windows must have a child safety lock to prevent accidents from falls.
- Pools and spas must be registered and inspected every three years.
- Most strata schemes must get a yearly fire safety statement.
- Residents must have at least five days’ notice before any pesticide is used.
Keeping residents safe
There are strict rules for strata buildings in NSW to make sure residents, visitors and workers are kept safe while using common property.
The owners corporation must obey window, pool and spa, fire safety and pesticide laws.
It must make sure these rules are followed. It may ask a strata manager to take on this task.
If the strata scheme is mixed-use, or if the owners corporation has any direct employees, work health and safety (WHS) laws can also apply.
Even if WHS laws don’t apply, it is best if strata schemes do a general safety audit. This will help to manage risks, such as:
- trip hazards
- a lack of safety signage – for example, a speed limit sign on the shared driveway. Schemes would need to pass a by-law to set the speed limit.
Window safety rules
Windows within a strata scheme must have a safety lock if:
- the lowest part of the window is within 1.7 m from the inside floor, and
- the inside floor is 2 m or higher from the ground outside.
A safety lock must stop the window opening more than 12.5 cm.
Fixed windows (those that do not open at all) do not require a lock.
All locks must be childproof and resist force equal to 25 kgs.
The owners corporation must pay to install and repair window locks, unless otherwise agreed in your strata by-laws.
Generally, the strata committee can arrange to buy or install a safety lock using the administrative fund.
A review of all window safety locks and any larger maintenance costs may be scheduled through your 10-year capital works plan.
Alternative to window locks
Security screens, such as bars or grills on the windows, can be used instead. If so, any gaps must be less than 12.5 cm.
Flyscreens are allowed instead of locks, only if they can resist very strong outward pressure to stop a child falling through.
Pool and spa safety rules
Owners corporations are responsible for swimming pools and spas in a scheme. They must make sure the pools and spas meet state and local council rules, which include fencing and signage.
Any pool or spa must be registered to make sure it is safe for everyone to use.
Fencing and signs
Fencing must be at least 1.2 metres high.
The gap from the bottom of the pool fence to the ground, or between fence rungs, can’t be bigger than 10 cm.
Children must not be able to climb a pool fence.
Any doors in a pool fence must close and latch by themselves, with the latch being at least 150 cm above the ground.
Signs showing how to perform CPR must be on the pool fence or gate. You can buy a CPR sign from your local pool shop, council, St John Ambulance, Australian Red Cross or Royal Life Saving.
Comprehensive list of fencing and signage rules
NSW Fair Trading has a comprehensive list of all pool fencing requirements and safety rules.
Use this information to keep the people in your strata community safe.
Visit Fair Trading's website for more information
Your pool must be registered
Any pool or spa must be registered to make sure it is safe for everyone to use.
You can pay a fee to your local council to register your pool or you can do it yourself online.
A certificate of registration will be given to the owners corporation.
Register a strata pool online on the NSW Swimming Pool Register.
Inspections
Strata schemes with more than two lots must have any pool or spa inspected by the local council every three years.
To arrange an inspection, contact your local council.
How is the fire safety statement done?
Use the fire safety statement template
The strata manager or strata committee member must use the Planning NSW Fire safety statement template.
First, read the statement.
Next, check what needs inspecting. You can refer to a previous fire safety statement for the building. The fire safety schedule accompanying it includes the fire safety measures that need inspecting.
You can also contact your local council. They have a copy of the fire safety schedule for your strata buildings.
Appoint an accredited fire safety practitioner and give notice
The strata manager or strata committee appoints an accredited practitioner. They must have the right accreditation for the fire safety measures that need inspecting. Search for an accredited fire safety practitioner.
Consult the guide: Selecting an accredited practitioner (fire safety).
The strata scheme will need notice of the inspection before the accredited practitioner can check that the fire safety measures are working.
Submit the fire safety statement
The strata manager or strata committee member completes the fire safety statement. They then submit it to the local council and Fire and Rescue NSW.
Critical fire safety measures
Critical fire safety measures need more frequent inspections. Refer to your fire safety schedule for details.
If an annual fire safety statement is due, have both inspections done together.
When don’t we need a fire safety statement?
Building types that do not need a fire safety statement include:
- a townhouse, villa, detached house or row house – known as a ‘class 1a building’
- a private garage, car port, swimming pool or similar structure people do not live in – known as a ‘class 10’ building
- a temporary structure, like a tent or marquee.
Also, certain strata buildings without any fire safety measures installed (unless required by law) may not need a fire safety statement.
To confirm if your strata building needs a fire safety statement:
- ask your strata manager (if any),
- visit Planning NSW, or
- contact your local council.
For details on building classifications read the National Construction Code explanation sheet.
External cladding
The NSW Government has been working on concerns about fire safety and external cladding in high-rise buildings.
Visit the Fire safety and external wall cladding page on the Fair Trading website for details.
Pesticides notification
The owners corporations must give residents at least five days’ notice before any pesticides are used on inside or outside common areas.
How to give notice
There are many ways to provide notice:
- in person
- by email or telephone
- by post or letterbox drop
- written notice under resident doors
- placing a notice on common notice boards and near the main building entrance.
Visit the NSW Environment website for details.
Need more help?
Contact Fair Trading
If you have any further questions about strata, you can contact Fair Trading via phone or in-person at a Service NSW centre.
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