Landlords face fines in window safety review

Landlords could face fines for failing to safeguard windows under a review of regulations after it emerged that inspectors are powerless to insist landlords install safety catches.

Six toddlers have died in falls from windows in rented accommodation in as many years — with at least two others seriously injured — prompting the country’s only full-time coroner to demand action to prevent further tragedies.

Dublin City Coroner Brian Farrell raised the issue with the Private Residential Tenancies Board, which in turn has formally requested the Department of the Environment to review the regulations governing standards of rental properties.

The department said Dr Farrell had also raised the issue in correspondence with the minister and said matters relating to the regulations were under review.

“The issue of window guarding and restrictors is currently under consideration in the context of this review,” it stated.

“Inspections of private rented properties to check compliance with the Standards for Rented Houses Regulations do not include checks on window catches because these are not currently included in the scope of these regulations.”

Dr Farrell first raised concerns in 2008 at an inquest into the death of a four-year-old boy who fell from a Victorian building with period sash windows.

Inquests since have heard of children falling from modern buildings with sash windows openable from the bottom; windows closeable only with keys not given to tenants; and windows with flimsy safety catches.

At an inquest last July into the death of a 15-month-old girl, Dr Farrell expressed frustration at the recurring tragedies. “Landlords of tenants with children and, indeed, parents, need to be acutely aware of the dangers to children of windows that are not secure or childproofed,” he said.

Penalties can be imposed on landlords for breaches of regulations, and failure to provide adequate window safeguards could be brought under that regime by amending the legislation.

However, expanded regulations would not guarantee compliance. Some 260,000 rental properties are registered with the PRTB but local authority inspectors visited just 19,616 last year — about one in 13.

The Building Regulations, which set out standards for new buildings, do require window restrictors but those standards cannot be applied retrospectively and according to the department, only 12-15% of new builds are inspected yearly.

The Irish Property Owners’ Association acknowledged the safety concerns but added that it was mindful of buildings regulations which state window restrictors should not heed escape in the event of fire.

“It is a must that owners and occupiers alike provide adequate safety for children in their homes, but this must not compromise on other safety aspects,” said chair Stephen Faughnan.