Something goes wrong on a rooftop. A maintenance worker slips near an uncertified anchor point. A contractor sets up rope access without a proper Safe Work Method Statement (SWMS). Water damage from a neglected gutter causes thousands of dollars in damage to a tenant's fit-out.
Everyone points at someone else.
This is one of the most common and most costly situations in commercial property management. It happens because many people don't actually know where their legal obligations begin and end when it comes to roof safety compliance and working at heights.
Let's break it down clearly.
The Short Answer: It's Shared — But Not Equally
Under Queensland's Work Health and Safety Act 2011 (Qld) and the nationally harmonised WHS framework, multiple parties can hold legal responsibility for height safety at the same time. The law does not allow anyone to avoid responsibility simply because another party was also involved.
The key concept is the Person Conducting a Business or Undertaking (PCBU). If you own, manage, or operate a building where work at heights takes place, there is a strong chance you are a PCBU, and that comes with a legally enforceable duty of care.
Let's look at who is responsible for what.
The Building Owner
The building owner sits at the top of the responsibility chain and often carries the greatest legal exposure.
As the owner of a commercial or residential high-rise, you are responsible for ensuring that:
- The building's permanent height safety systems, including anchor points, static lines, walkways, roof hatches, and fall arrest systems, are correctly installed and comply with AS/NZS 1891.4.
- Those systems are regularly inspected, maintained, and certified (typically every 12 months).
- Any contractor or worker accessing the roof can do so safely using the systems provided.
- A current height safety audit has been completed and documented.
Even if you hire a contractor to carry out roof maintenance, you may still be held liable if someone is injured because your anchor points were corroded, uncertified, or incorrectly installed.
Ignorance is not a defence. If you own the building, you are responsible for its safety infrastructure.
Not sure whether your systems meet current standards? Our height safety design and construction team can assess, certify, and upgrade your rooftop safety systems.
The Building Manager or Facility Manager
Building managers and facility managers operate as an extension of the owner's duty of care, but they also carry their own obligations.
If you manage a building on behalf of an owner, your responsibilities generally include:
- Keeping records of all height safety inspections and certifications.
- Ensuring contractors engaged for façade cleaning, HVAC servicing, façade maintenance, or any other work at heights are properly licensed, insured, and working under a documented Safe Work Method Statement (SWMS).
- Scheduling regular height safety audits and acting on any issues identified.
- Notifying the building owner of any compliance gaps.
- Ensuring rooftop access is restricted to authorised and qualified personnel.
Body corporate committees have similar responsibilities. If you are part of a strata committee for a high-rise building, you share responsibility for maintaining rooftop safety compliance.
One of the biggest mistakes made by building and facility managers is assuming the contractor becomes solely responsible once they arrive on site.
The Contractor
Any contractor performing work at heights, whether for high-rise window cleaning, gutter cleaning, rope access maintenance, or rooftop equipment installation, has significant legal responsibility for their own safe work practices.
Under WHS legislation, contractors must:
- Hold relevant qualifications and certifications for the work they perform. For rope access work, IRATA certification is considered the industry benchmark.
- Prepare and follow a Safe Work Method Statement (SWMS) before commencing any high-risk work at heights.
- Provide and correctly use appropriate personal protective equipment, including harnesses, lanyards, and fall arrest systems.
- Inspect and verify the condition of anchor points and rigging systems before use and refuse to use equipment they reasonably believe is unsafe.
- Maintain appropriate public liability and workers' compensation insurance.
A professional contractor will never simply arrive and clip onto the nearest anchor point. They will inspect it first. If it has not been certified, an experienced rope access team will identify the issue before work begins.
This is why selecting a contractor with genuine height safety expertise is just as important as comparing prices.
The Tenant
For most commercial tenants, roof safety compliance is not an everyday concern. The building owner and manager carry the primary responsibility for the structure and its permanent safety systems.
However, tenants can become responsible in certain situations.
- If a tenant engages their own contractors to install signage, antennae, rooftop equipment, or carry out other work at heights, the tenant becomes a PCBU for that activity.
- If a tenant controls an area through which rooftop access is obtained, they may have a duty to ensure that access is appropriately managed.
- If the lease agreement assigns certain maintenance responsibilities to the tenant, those contractual obligations may increase their exposure.
For most commercial leases, the expectation is straightforward: tenants should never arrange rooftop access independently without approval from the building manager and appropriate fall protection measures.
Where It All Gets Complicated: Overlapping Duties
The WHS Act creates overlapping responsibilities rather than assigning responsibility to one party alone. Everyone who has influence over work at heights carries a duty that reflects their level of control.
For example:
- A building owner may still be liable if non-compliant anchor points contributed to an incident.
- A building manager may be liable if known defects were not reported or documented.
- A contractor may be liable if they use equipment they knew, or should have known, was unsafe.
The most effective way to manage these overlapping duties is for every party to fulfil their responsibilities and maintain proper documentation.
What Does "Compliant" Actually Look Like?
A compliant height safety system for a commercial high-rise in Queensland generally includes:
- Certified anchor points that comply with AS/NZS 1891.4:2025 and include documented load ratings.
- Static lines and horizontal lifelines where continuous rooftop movement is required.
- Roof walkways and fixed ladders for regular access.
- Annual inspections completed by a qualified height safety specialist, supported by written compliance reports.
- A register containing all safety equipment, inspection dates, and certification records.
- Clear signage at roof access points outlining required PPE and access procedures.
If you are unsure whether your building meets these requirements, a professional height safety audit is the best place to start.
The Cost of Getting It Wrong
Under the Work Health and Safety Act 2011 (Qld), penalties for WHS breaches can be substantial.
- $3.8 million for a body corporate.
- $638,750 for an officer of a business.
- $127,750 for an individual.
These penalties do not include civil litigation, insurance complications, reputational damage, or the human cost of a serious workplace injury or fatality.
A professional height safety audit and properly maintained fall protection system cost only a fraction of these potential consequences.
So, What Should You Do Right Now?
If you are a building owner, manager, or body corporate and you are not completely confident that your rooftop safety systems are current and compliant, consider taking the following steps:
- Book a professional height safety audit to assess your current level of compliance.
- Verify your contractor's credentials, including their SWMS, certifications, and insurance before any work begins.
- Review your maintenance records and confirm when your anchor points were last inspected and certified.
- Ensure tenants understand that rooftop access must always be approved and managed through building management.
Sky5 Queensland provides height safety compliance audits, rooftop inspections, and certified high access cleaning services throughout Brisbane and South East Queensland. Our IRATA certified rope access teams work to the highest standards of roof safety compliance and can help you identify exactly where your building stands.
