Window Safety Devices for NSW Rental Properties: Landlord Requirements

Two Separate Requirements That Often Get Confused

NSW rental properties face two distinct window safety obligations, and landlords routinely conflate them. The first is a general security requirement under the Residential Tenancies Act 2010. The second is a child safety requirement under the Strata Schemes Management Act 2015 that applies specifically to strata buildings.

The Residential Tenancies Act security requirement is the landlord's responsibility. For applicable strata windows, the Strata Schemes Management Act places the duty to ensure child-safety devices on the owners corporation, though a lot owner may install one.

Window Locks: The General Security Rule

Section 70 of the Residential Tenancies Act 2010 requires landlords to provide and maintain locks or security devices necessary to ensure the premises are reasonably secure. For windows, this means:

• Accessible windows (ground floor, those reachable from a balcony, or near flat roof areas) must have operable latches or locking mechanisms
• The locks must be functional at the start of the tenancy and maintained throughout
• If a window latch breaks during the tenancy, it becomes a repair obligation

There is no specific window lock standard prescribed by the Act. The test is reasonableness — a ground-floor window without any locking mechanism would fail, while a sixth-floor window accessible only from inside the unit may not require the same level of hardware.

When completing the ingoing condition report, check and record the condition of every window latch. A latch that appears functional but is actually jammed or loose should be repaired before the tenant takes possession.

Child Window Safety Devices: The Strata Rule

Section 118 of the Strata Schemes Management Act 2015 sets a specific standard for applicable windows in strata buildings. A window safety device must be installed where:

• The inside floor is at least 2 metres above the ground outside, AND
• The lowest part of the window is within 1.7 metres of the inside floor

The device must be childproof, resist 25 kilograms of force, and prevent the window from opening more than 12.5 centimetres (125mm).

This applies regardless of whether children live in the unit. The obligation is triggered by the building's physical characteristics, not the tenant's household composition.

The owners corporation is responsible for ensuring required devices are installed and maintained; it pays for the work unless the scheme's by-laws provide otherwise. A lot owner may also install a compliant device. Before leasing, confirm the applicable windows and arrangements with the strata manager.

What Counts as a Compliant Device

Compliant window restrictors include:

• Keyed window locks that limit the opening to under 125mm
• Fixed window restrictors (cable or bar type) that cannot be removed without tools
• Integrated window hardware with a child-lock position

The device must be lockable or require deliberate adult action to override. A friction stay that happens to limit the opening is not compliant if a child can push past it.

For double-hung sash windows common in older NSW homes, a sash limiter or window chain restrictor rated for the purpose is typically the most practical retrofit.

Tenant Modifications Without Consent

Clause 22 of the Residential Tenancies Regulation 2019 permits tenants to make certain minor modifications without landlord consent. Window safety devices are explicitly listed. A tenant can install a compliant window restrictor at their own expense without asking permission.

This does not replace the owners corporation's duty under Section 118. Coordinate with the owners corporation before relying on a tenant to install a device.

Enforcement and Penalties

A maximum penalty of 20 penalty units ($2,200) applies to specified Section 70 lock offences, such as unlawful lock alteration or lockout; do not assume it applies to every unrepaired window latch. Section 118 places the duty to ensure child-safety devices on the owners corporation and sets a maximum penalty of 5 penalty units ($550) for non-compliance.

The Inspection Protocol

During each routine inspection, check:

• All ground-floor and accessible window latches lock and release smoothly
• All strata window restrictors above the 2-metre threshold are present and functional
• No restrictor has been removed or defeated
• Replacement restrictors match the original specification (some restrictors have a rated lifespan)

For a complete pre-tenancy window safety audit alongside all seven Section 52 minimum standards, the NSW compliance guide includes the full checklist with specific verification steps for each window type.

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