Upstairs windows - risk of falling

[adamburton]

Hi,

I wonder if anybody could provide any advice.

We have recently moved into a new house (new build). All the windows upstairs are either full length right down to the carpet, or around 20cm from the carpet.

None of these windows have key locks, but upon opening each of them has window restrictors (Titon auto latch) link below - http://www.titon.co.uk/pages/products/restrictors/autolatch.php

These latches prevent the window from being opened more than 10 cm for security reasons. However the latches can easily be pushed back which allows full opening of the windows. I am very concerned about this, as we have 3 very young children all of which could easily unlatch the windows. Therefore we haven't opened the windows at all, and have told our eldest not to touch the windows, but I don't think this is really a workable solution.

I have been doing some searching online and have found the following NHBC pdf which seems to suggest that such windows present a falling hazard and therefore should have either bars fitted, or permanent restrictors (that cannot be simply unlatched).

http://www.nhbc.co.uk/Builders/Prod...ngControl/documents/filedownload,40525,en.pdf

However, I don't know whether this is just an NHBC thing, or whether the windows contravene building regulations by not having bars or permanent restrictors.

I would be grateful if anybody can throw any light on this. We don't have an NHBC warranty, but we do have a similar warranty provided by another insurer.

Many thanks in advance,
Adam.

 

[tony1851]

Those things wouldn't comply with Building Regs, but if you have three small kids, why buy a house with crrap windows anyway?

 

[adamburton]

Thanks Tony for your reply. I honestly didn't realise that the windows weren't lockable. It's a quality house built by quality local builders so I was really shocked to find this out when we moved in. Hindsight is a wonderful thing.

If these don't comply with building regs, I am surprised how the building was signed off?

 

[freddiemercurystwin]

Probably a private inspector!

 

[wessex101]

Assuming the property has been signed off with a completion certificate I do not think there is anything you do about the contravention of the Building Regulations. I believe there is a process to complain against the local council inspector but do not know about private inspectors and the cost to resolve the problem is quite low so probably not worth going down that route.

So I would say that you have got 2 options.

Fit guard rails internally.

Or fit better child proof restrictors preferably higher up out of the reach of small children. (not lockable ones as they could be a fire escape hazard)

It might be worth speaking to the builder to see if they are prepared to resolve it as a gesture of goodwill. Especially if it is a local builder with a previously good reputation.

 

[freddiemercurystwin]

I would check out the planning drawings, I wouldn't be surprised if the builder conveniently left out the barriers to save some cash.

 

[adamburton]

Thanks guys, I will speak with the builders about this.

 

[freddiemercurystwin]

You'd be able to find the planning application online on your local authority's website, though may take a bit of searching for.

 

[tony1851]

If there has been a contravention of the building regs, then presumably it's too late for the council to serve a s. 38 notice. However, at any time, anyone - OP included - can apply to the court for an injunction to have the defect remedied.

This is not often done because the burden of proof is on the applicant, but in a case such as this, where there is a clear safety risk, it might be worth considering?

Perhaps a firmly-worded solicitor's letter to the builders initially might work?

 

[jeds]

You mention NHBC. Did the house come with an NHBC Warranty?

 

[Tipper]

It's usually a simple and cheap option to fit locking handles. Have a look here...

http://www.handlestore.com/

 

[adamburton]

Thanks everybody for all your comments, I really appreciate it.

The property doesn't have an NHBC but an equivalent warranty with a company called Alpha Insurance. Its a barn conversion and apparently you cannot get an NHBC with a barn conversion for some reason.

I guess the insurance company must have sent an inspector round to check all this before issuing the warranty. I might contact them to find out what they think.

thanks,
Adam.

 

[Gazman16]

There is also the regulation for fire egress. Got to love it when regs contradict each other. Your restrictors do pass regulations.

Technically at least one window in each room should be easily open-able to get out if there is a fire.

You haven't mentioned if the sash's are side hung or top hung, Or the overall size. A few pics might help. If the window opening is at floor level the whole windows my need changing:

Width and Height - Either of these are not to be any less than 450mm
Clear Openable Area - No less than 0.33m²
Cill height - No less than 800mm and no more than 1100mm from floor level.

There are a few options depending on the above. The existing restrictors may be able to be refitted higher up out of the reach of children.

Change the hinges to restriction hinges. These are not as easy to open (can even be fiddly for adults) but as they are not key locked they will pass regs.

Hard to advise 100% without seeing the windows

 

[adamburton]

Thanks Gazman for your reply. I have just taken some pictures. Hopefully if I have uploaded them correctly you will be able to see them below. If not they are on the following link:

//www.diynot.com/network/adamburton/albums/24778

thanks,
Adam.

 

[freddiemercurystwin]

There is also the regulation for fire egress. Got to love it when regs contradict each other. Your restrictors do pass regulations.

Technically at least one window in each room should be easily open-able to get out if there is a fire.

You haven't mentioned if the sash's are side hung or top hung, Or the overall size. A few pics might help. If the window opening is at floor level the whole windows my need changing:

Width and Height - Either of these are not to be any less than 450mm
Clear Openable Area - No less than 0.33m²
Cill height - No less than 800mm and no more than 1100mm from floor level.

There are a few options depending on the above. The existing restrictors may be able to be refitted higher up out of the reach of children.

Change the hinges to restriction hinges. These are not as easy to open (can even be fiddly for adults) but as they are not key locked they will pass regs.

Hard to advise 100% without seeing the windows

Please quote the regulations that say a barrier is unnecessary and that merely restrictors will suffice.