Services

How Can Be Legal Assist You?

Smoke Alarms

Corded Blinds

Pool Safety

Safety Switches

Smoke Alarms

Rental Properties | Selling a Property | Owner Occupier

Legislation

From 1 January 2022 smoke alarms must:

  • be photoelectric (AS 3786-2014)
  • not also contain an ionisation sensor
  • be less than 10 years old
  • be interconnected so all other smoke alarms in the dwelling activate together
  • be either hardwired or powered by a non-removable 10-year battery (hardwired 240V alarms must be replaced by hardwired 240V alarms
  • be installed on each story (in each bedroom, in hallways which connect bedrooms and the rest of the dwelling, if there is no hallway, between the bedrooms and other parts of the storey,  there are no bedrooms on a storey, at least one smoke alarm must be installed in the most likely path of travel to exit the dwelling)

 

https://www.rta.qld.gov.au/during-a-tenancy/maintenance-and-repairs/smoke-alarms

https://www.fire.qld.gov.au/prepare/fire/smoke-alarms

https://ablis.business.gov.au/service/ag/australian-standard-as-3786-2014-smoke-alarms/31032

https://ncc.abcb.gov.au/editions/2016/ncc-2016-volume-two/part-37-fire-safety/part-372-smoke-alarms

Rental Properties

Within 30 days before the start of a tenancy or lease renewal, smoke alarms must be tested and cleaned.

Tenancy rules permit entry for smoke alarm compliance. The tenant must be given a 24 hour entry notice to install, maintain, test or replace smoke alarms.

During a tenancy, the renter must test and clean each smoke alarm in the home, at least once every 12 months. As a renter or tenant, landlords are responsible for the installation of smoke alarms that comply with legislation.

Selling a Property

The seller is required to provide a compliance certificate to the buyer indicating the property is as per current state smoke alarm standards.
 
This may mean the property may require additional or replacement alarms .
 
Also note, selling a property may require a pool safety certificate which we can also provide.

Owner Occupier

Please note by 1 January 2027, all existing private home require to be updated per current state legislation including (but not limited to); being interconnected,  comply with Australian standard AS3786:2014, be photoelectric and less than 10 years old.

Safety Switches

In Australia, landlords have a critical legal duty to ensure that their rental properties are safe and secure. 

The Electrical Safety Act 2002 serves as the legislative framework for electrical safety in Queensland, with a primary goal of preventing injuries, property damage, and fatalities caused by electricity.

Safety switches are mandatory on all power and lighting circuits in new or extended homes built after 2000. For homes constructed before 2000, a safety switch must be installed on all power circuits during new electrical installations, property renovations, or extensions.

The Electrical Safety Amendment Regulation (No.1) 2006 stipulates that owners of residential rental properties must have safety switches installed on the power circuit of the premises. Landlords purchasing rental properties without a safety switch must ensure one is installed on all power circuits within 6 months of a tenancy agreement. These regulations hold rental property owners accountable for tenant safety.

What is a Safety Switch?

A safety switch is a critical component of electrical safety. It functions by disconnecting electricity before enough current passes through a person to cause serious injury or death. 

Safety switches and circuit breakers serve distinct purposes:

  • Safety switches monitor the flow of electricity through a circuit and turn off power within a fraction of a second if they detect a current leakage. They provide personal protection against electric shock.
  • Circuit breakers protect electrical circuits by quickly cutting power when high current faults or overloads occur, preventing potential hazards.

 

Safety switches should be tested regularly to ensure their functionality. An effective way to do this is by including safety switch inspection and testing as part of your regular smoke alarm maintenance.

When a Be Legal technician checks smoke alarms, they can also test the safety switch during their visit. This process involves cutting power to all circuits connected to the safety switch.

If the switch successfully trips and cuts power, it means those circuits are protected. If it fails to do so, our technicians will provide a quote for replacement by one of our electricians or recommend replacement by a licensed electrician.

 

Corded Blinds

In response to the threat posed by cords and hanging window furnishings, the Australian Competition and Consumer Commission (ACCC) introduced a national mandatory installation standard in 2015 to minimize the risk of harm.

Our technician will install tensioning devices such as cord guides or cleats and warning labels on all blinds.

 
Information from the Queensland Government: Blind and Curtain Cords – Safety Standards and Tips
  • Low-hanging blind and curtain cords pose a strangulation risk to young children.
  • Safety standards prescribe requirements for product and packaging labeling.
  • Ensure children cannot reach blind or curtain cords, especially when they stand on furniture.
  • Avoid low-hanging cords; the bottom of any cord should be at least 160cm above the floor.
  • Install safety devices like cord tensioning devices and breakaway tassels for older blinds.
  • Seek advice on safety standards and follow installation instructions.
  • Professional installations must meet safety standards and packaging instructions.
  • Corded internal window coverings must be installed to prevent dangerous loops.
 
Key Requirements
  • Starting from July 1, 2011, all suppliers, including landlords, must comply with the Mandatory Safety Standards for corded window coverings such as vertical blinds, venetian blinds, Holland blinds, Roman blinds, and other cord-containing curtains or fittings.
  • Corded window furnishings in your property manufactured before December 2010 are likely non-compliant with these standards.
  • In March 2014, the regulations were updated to specify the safe installation of corded internal window coverings in domestic dwellings.
 
Safety Measures for Corded Window Coverings
  • Corded internal window coverings must be installed to prevent the formation of a dangerous loop or length of cord.
  • Specifically, a loose cord cannot form a loop of 220mm or longer and must be at least 1,600 mm above floor level.
  • All blinds must contain warning labels, which must not be removed.
  • Any window coverings with cords must be wound tightly onto a cleat, fitted with tensioning devices, or cut to prevent potential strangulation of a child.

Pool Safety

Our licensed pool safety inspectors provide comprehensive reports on compliance and recommend necessary repairs.

We issue an entry notice (Form 9) to the tenant to ensure legal access under the Residential Tenancies & Rooming Accommodation Act 2008.

Our Pool Pre Inspection List is available upon request for property owners or managers.

Our Pool Safety Compliance Services Include:
  • Comprehensive inspection of your pool barrier.
  • Reinspection if required.
  • Non-Conformity notice/report if applicable.
  • Issuing a Pool Safety Certificate.
  • Minor Repairs can be done by us

 

Pool Safety Legislation in Australia

Landlords have a legal obligation in Australia to ensure that their rental property is safe and secure, and this includes pool safety. 

 

State Legislation (Queensland)

  • The Queensland Building & Construction Commission (QBCC) is responsible for pool compliance, pool safety inspector licensing, and disciplinary actions in Queensland.
  • Queensland’s pool safety laws were introduced in 2009 and apply to all pools, both new and existing.
  • All pools must be registered on a national pool safety register, regardless of whether the property is rented or privately owned.

 

Key Pool Safety Requirements

  • Pool safety certificates are mandatory for rental properties with a pool when signing or renewing a lease.
  • Portable pools or spas holding more than 300mm of water must have a pool safety certificate.
  • Property owners must comply with a single pool safety standard (since December 2015) to prevent accidents and injuries.

 

Pool Fences and Safety Laws

  • Pool fences must meet specific height and gap requirements.
  • Pool gates must be self-closing and self-latching, opening outward from the pool area.
  • Latches on gates must be positioned at a certain height and may require safety measures.

 

Do I need a pool safety certificate when selling my home?

The process varies depending on the type of pool and whether it’s shared or non-shared:

  • For non-shared pools, you can sell with or without a Pool Safety Certificate. If you provide a certificate, it must be given to the buyer before settlement. If not, you must give a Form 36 – Notice of No Pool Safety Certificate.
  • For shared pools, the same rules apply, but you must provide a completed Form 36 to the body corporate and QBCC.

 

Expiry Date for Certificates

  • Pool safety certificates for non-shared pools are valid for 2 years from the date of issue and 1 year for shared pools.