Residential Tenancies Reforms – Regulation 13.
This section covers off the latest safety related activities from Residential Tenancies Reforms. This is an extract for property investors needing some insight to what they are now responsible for.
Electrical safety activities
(1) The residential rental provider must ensure that an electrical safety check of all electrical installations, appliances and fittings provided by a residential rental provider in the rented premises is conducted every 2 years by a licensed or registered electrician and must provide the renter with the date of the most recent safety check, in writing, on request by the renter.
Following is the scope of an Electrical safety Check provided in the ‘definitions’ of the new legislation:
A check of all electrical installations, fixtures and fittings carried out in accordance with section 4 of AS/NZA 3019 “Electrical installations – Periodic verification”, as published or amended from time to time;
(2) If an electrical safety check of the rented premises has not been conducted within the last 2 years at the time the renter occupies the premises, the residential rental provider must arrange an electrical safety check as soon as practicable.
Gas safety activities
(1) The safety-related activities in subclauses (2) and (3) only apply if the rented premises contain any appliances, fixtures or fittings which use or supply gas.
(2) The residential rental provider must ensure that a gas safety check of all gas installations and fittings in the rented premises is conducted every 2 years by a licensed or registered gasfitter and must provide the renter with the date of the most recent safety check, in writing, on request by the renter.
(3) If a gas safety check has not been conducted within the last 2 years at the time the renter occupies the premises, the residential rental provider must arrange a gas safety check as soon as practicable.
Following is the scope of a Gas Safety Check provided in the ‘definitions’ of the new legislation:
(a) the following gas installation checks:
(i) that LPG cylinders and associated gas components are installed correctly;
(ii) that appliance gas isolation valves are installed where required by AS/NZS 5601.1 “Gas installations”, as published or amended from time to time;
(iii) that gas appliances and their components are accessible for servicing and adjustment;
(iv) that the gas installation is electrically safe;
(v) that clearances from appliances to combustible surfaces are in accordance with installation instructions and AS/NZS5601.1 “Gas installations”, as published or amended from time to time;
(vi) that there is adequate ventilation for appliances to operate safely;
(vii) that gas appliances (including cookers) are adequately restrained from tipping over;
(viii) checking the condition of gas appliance flue systems including chimneys;
(ix) checking gas appliances for evidence of certification; and
(b) testing gas installations for leakage; and
(c) servicing gas appliances as follows—
(i) a clean of all dust and debris from appliances including burner, pilot, fan, filters and air intakes;
(ii) a check of the integrity of the heat exchanger;
(iii) a check of the gas supply and appliance operating pressures;
(iv) a check that the gas appliance burner ignition is reliable and complete;
(v) a check for any gas appliance flame abnormality;
(vi) a check of the operation of the gas appliance, including safety devices;
(vii) a combustion spillage test in accordance with Appendix F of AS4575 “Gas appliances—Servicing of Type A appliances”, as published or amended from time to time, after service or repair of the heater.
Smoke alarm safety activities
(1) The residential rental provider must ensure that:
(a) each smoke alarm is correctly installed and in working condition; and
(b) each smoke alarm is tested according to the manufacturer’s instructions at least once every 12 months; and
(c) the batteries in each smoke alarm are replaced as required.
(2) The residential rental provider must immediately arrange for a smoke alarm to be repaired or replaced as an urgent repair if they are notified by the renter that it is not in working order.
Note: Repair or replacement of a hard-wired smoke alarm must be undertaken by a suitably qualified person.
(3) The residential rental provider, on or before the commencement of the residential rental agreement, must provide the renter with the following information in writing—
(a) information about how each smoke alarm in the rented premises operates;
(b) information about how to test each smoke alarm in the rented premises;
(c) information about the renter’s obligations to not tamper with any smoke alarms and to report if a smoke alarm in the rented premises is not in working order.
(4) The renter must give written notice to the residential rental provider as soon as practicable after becoming aware that a smoke alarm in the rented premises is not in working order.
Note: Regulations made under the Building Act 1993 require smoke alarms to be installed in all residential buildings.
Swimming pool barrier safety activities
(1) The safety-related activities in subclauses (2), (3) and (4) only apply if the rented premises has a swimming pool.
(2) The residential rental provider must ensure that the swimming pool barrier is maintained in good repair.
(3) The renter must give written notice to the residential rental provider as soon as practicable after becoming aware that the swimming pool barrier is not in working order.
(4) The rental provider must arrange for the swimming pool barrier to be immediately repaired or replaced as an urgent repair if they are notified by the renter that it is not in working order.
Relocatable swimming pool safety activities
(1) The safety-related activities in subclauses (2) and (3) only apply if a relocatable swimming pool is erected, or is intended to be erected, on the rented premises.
(2) The renter must not erect a relocatable swimming pool without prior written notice to the residential rental provider.
(3) The renter must obtain any necessary approvals before erecting a relocatable swimming pool.
Note: Regulations made under the Building Act 1993 apply to any person erecting a relocatable swimming pool.
These safety-related activities do not apply to a swimming pool or spa that is not capable of containing water to a depth greater than 300 mm.
Bushfire prone area activities
(1) This safety-related activity only applies if the rented premises is in a bushfire prone area and is required to have a water tank for bushfire safety.
(2) If the rented premises is in a designated bushfire prone area under section 192A of the Building Act 1993, and a water tank is required for firefighting purposes, the residential rental provider must ensure that the water tank and any connected infrastructure is maintained in good repair, as required.
(3) The water tank must be full and clean at the commencement of the residential rental agreement.
What to do next?
Buying an investment property can be a rewarding experience in many ways. However its important that rental providers become aware of their responsibilities before committing to buy which means having some understanding around the Residential Tenancies Reforms. A property manager is a reliable source who can ensure you remain up to date with these changes while maximising your returns over the longer term. Residential Tenancies Reforms do change, so make sure you are your property manager are well informed at all times.
If you’d like to learn more about property investment, our YouTube channel and Market Insights also provide a wealth of information to assist you with many areas relating to property.
November 2021
