Compliance update – ensuring your home is WA-compliant for rental purposes
Western Australia’s requirements for compulsory compliance for properties, especially rental properties are stringent. This is to ensure the safety and well-being of the community and all parties concerned.
Here are some of the most important features that you should evaluate and ensure compliance.
1. Window/ Door Fittings Anchors
Children are at risk of strangulation if these cords to blinds and curtains are not properly secured. In 2004, the Department of Commerce adopted product safety regulation for internal window and door coverings, which dictates that all exposed cord or chain should be properly secured by a safety device if it hangs lower than 1.6m from the floor. The height requirement is catered to children who may inadvertently reach for the cord or chain.
In addition, Property Owners are required to permit Tenants to anchor furniture to the wall or floor to protect children. Naturally, these holes or modifications will need to be returned to this original state in repair before moving out.
Further reference:
http://www.commerce.wa.gov.au/consumer-protection/blind-and-curtain-cord-safety
https://www.commerce.wa.gov.au/sites/default/files/atoms/files/landlordscordedblinds.pdf
https://www.productsafety.gov.au/standards/blinds-curtains-and-window-fittings
2. Security Levels – Locks & Lights
According to the Residential Tenancies Regulations 1989, Property Owners are to ensure that the right level of security is provided for rental properties. This would cover security measures for doors, windows, exterior lights, etc.
These measures include:
– Main entry light: an electrical light that can illuminate the main entry to the premises must be fitted to or near the exterior of the premises and be operable from inside the premises.
– The main entrance door should be equipped with either a deadlock or a key-lockable screen door to Australian Standard AS 5039-2008.
– In addition, external doors should be fitted with (excluding balcony doors where there is no access to the balcony except inside the premises) a deadlock or, if a deadlock cannot be fitted, a patio bolt lock or a key lockable security screen to Australian Standard AS 5039-2008.
– As for exterior windows (excluding windows fitted with security grilles to Australian standard AS 5039-2008, windows on, or above the second floor of the building, and where the window is not easily accessible from outside the premises), they must be fitted with a lock that prevents the window from being opened from outside. This does not have to be a key lock.
It is important to note that any removal or change of locks without the consent of both the Owner and Tenant is deemed illegal.
In recent years, there has been a change in legislation to allow for domestic violence. Therefore, in the event of domestic violence or family violence, Tenants affected by family violence, can change locks at their own expense without prior permission.
Please read further:
https://www.commerce.wa.gov.au/sites/default/files/atoms/files/minimumsecurityrta.pdf
3. Fire Protection: Smoke Alarms & Residual Current Devices (RCDs)
Due to WA being susceptible to fires and recent tragedies, measures must be put in place to address fire hazards. According to the Department of Commerce, two *RCDs must be installed on the switchboard before it is rented out and it is compulsory that powered smoke alarms are installed in all new residential buildings or extensions since 1st July 1997. The two RCDs required are for light circuits and powerpoints.
Furthermore, from October 2009, the Property Owner has to ensure that the main powered smoke alarms are fitted in all existing residential buildings before the sale and before a new tenancy agreement is signed. These requirements are now prescribed in the Building Regulations 2012.
To find out more, please refer to the links below or contact Energy Safety at 6251 1900.
http://www.commerce.wa.gov.au/consumer-protection/smoke-alarms-and-rcds
https://www.commerce.wa.gov.au/publications/smoke-alarm-laws
* An RCD is a device that quickly breaks an electrical circuit to prevent serious harm from an ongoing electric shock.
4. Body of Water: Swimming Pools, Spas and Ponds
The most preventable cause of death in Australia is the drowning of young children and each year, more children are being admitted to local hospitals for near-drowning incidences.
To prevent tragedies or possible tragedies, WA regulators have required that “All private swimming and spa pools that contain water that is more than 300 mm deep must have a compliant barrier installed that restricts access by young children to the pool and its immediate surrounds”. Furthermore, regular inspections must be conducted by the local council will conduct regular inspections once every four years to ensure compliance. A report will be sent for any areas that need to be repaired or to ensure continued compliance.
In addition, various standards and regulations apply depending on whether your pool or spa was built before 2001 or post-May 2016.
Kindly see the link below: https://www.commerce.wa.gov.au/sites/default/files/atoms/files/195697_web_rules_for_pools_and_spas_a4_booklet_feb_2019.pdf
As for outdoor ponds, it is best to check with your Local City Council on the specific requirements.
For more information, please refer to the Department of Mines, Industry Regulation and Safety website. Our Property Managers check properties for compliance at each inspection. Feel free to contact one of our friendly and knowledgeable Property Managers at Time Conti Sheffield if you wish to speak to us.
