Legacy playground equipment - Grandfather clause?

Understanding NZS5828 Compliance for Older Playgrounds

The NZS5828 playground standard is not applied retrospectively, provided that the equipment met the applicable standard at the time of its original installation. In such cases, the equipment may continue to be maintained according to its original design—this is often referred to as a "grandfather clause." However, if the equipment is significantly altered, modified, or relocated, it is expected to be brought up to current standards, as it is considered to have received a new lease on life.

A common issue we encounter during inspections of thousands of playgrounds nationwide is that many installations either never complied with any standard or were claimed to follow an earlier version but failed to meet the requirements even at the time of installation.

It’s also important to acknowledge that many suppliers in the past misunderstood or incorrectly applied standards. NZS5828 and its European counterpart EN1176 have both evolved over time, with revisions aimed at resolving ambiguities and providing clearer guidance. Today, we have a well-defined understanding of both current and historical compliance requirements.

There are also many examples of legacy community structures—such as old tractors—that have been repurposed as play equipment. In these cases, we take a slightly different approach during assessment, and in most instances, they can remain in use with some minor improvements or modifications.

If you have an older playground structure—such as a fort, legacy play element like a tractor, or an old tyre swing—the best first step is to arrange an assessment by Playsafe.

Our certified and highly experienced play inspector will evaluate your equipment against current standards, using them as a benchmark. The assessment will also identify and risk-assess any differences between current and past standards.

In many cases, minor non-compliances or low-risk variations can remain in place without needing correction, provided they are documented and approved by the inspector. This is done through a combination of compliance checks and a risk-benefit assessment, in line with widely accepted industry practices. This approach provides independent and professional assurance for you as the playground owner or operator.