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Compliance obligations for rental properties

The following information refers to the minimum compliance obligations applicable to rental properties in Western Australia. This information was obtained from the website of the Government of Western Australia, Department of Mines, Industry Regulation and Safety (previously administered by the Department of Commerce).

Cords on Blinds

Under Section 42(2) c the landlord (lessor) is required to ensure all aspects of the tenancy comply with laws relating to buildings, health and safety. Product safety laws for internal window coverings have applied in WA since 2004, so lessors need to ensure that blind/curtain cords and chains supplied after this date meet the national product safety requirements.

As a guideline, if a cord or chain for a blind or curtain hangs lower than 1.6m from the floor then it must be secured by a safety device.  Please refer to the link below for information on how you can make your blinds and cords compliant.

Smoke alarms & RCD’s

From the 1st July 1997, the installation of mains powered smoke alarms became mandatory for all new residential buildings/extensions within WA. From 1 October 2009, main powered smoke alarms are required to be fitted in all existing residential buildings prior to sale and before a new tenancy agreement is signed. There are penalties for non-compliance.

In regard to RCD’s (residual current devices) the property must have two RCD’s installed on the switchboard before it can be leased. For more information please refer to the links below or contact Energy Safety on 6251 1900. 

Swimming Pool & Spa Fencing

In Western Australia all private swimming pools and spas 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.   Depending on when your pool or spa was constructed, installed or approved, different requirements and standards may apply. Please see the link below for more information.

https://www.commerce.wa.gov.au/sites/default/files/atoms/files/rules_for_pools_and_spas_a4_booklet_june_2016_web.pdf

Joyce will request a copy of your approved safety certificate issued by the Pool Inspector at your Local City Council. With respect to outdoor ponds, we recommend you consult the website of your Local City Council as the regulations vary on this issue.

Deadlocks, lights and minimum security

On 1 July 2013, changes to the tenancy legislation included a list of the locks and devices that must be installed in premises to make them reasonably secure. The link below will assist you in understanding how the new laws may apply to your rental property:

https://www.commerce.wa.gov.au/sites/default/files/atoms/files/minimumsecurityrta.pdf

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