David Faulkner, Director of Real iQ will explain the requirements of the Healthy Homes Guarantee Standards and what Property Managers need to be telling their landlords. The new standards have been released and you need to ensure that you are giving accurate information to your landlord clients. David will cover off the following.
What needs to go into your Tenancy Agreement and lease renewals
What the standards actually are
When do exemptions apply
The new legislation comes into effect on the 1st of July 2019.
2. Law 1st July 2019
• Section 138B of the RTA will be
repealed
Regulations in respect of insulation
3. The Process
Bill introduced
October 2015
1st Reading
May 2016
2nd Reading
July 2017
Committee of
whole house
November 2017
Royal Assent
December 2017
Consultation
process for
standards
September 2018
Standards
released
March 2019
Laws come into
effect July 2019
6. Minimum Standards for housing
in New Zealand in 1947
6: Living room fitted with approved form of
heating.
9: Bathroom, opening window or approved
ventilation system
11: Habitable room must have openable window
14: Approved efficient drainage
15: House free from dampness
17: flooring free from crevices, holes and
depressions
8. Section 138B Healthy
Homes Standard
• Tenants have the ability to maintain indoor
temperature
• Standards and outcomes around the following
• Heating
• Insulation
• Ventilation
• Moisture ingress
• Draught stopping
• Drainage
• Any material or other things relating to the above
• Failing to comply a breach of s45 of the RTA
9. Key development Date of takes effect
Legislation becomes law 1st July 2019
Retaining records of compliance 1st July 2019
Statement of intent of compliance on
Tenancy Agreement or renewal
1st July 2019
Healthy Homes Statement on Tenancy
Agreement or renewal
1st July 2020
Compliance with Standards for
Boarding Houses
1st July 2021
Compliance with Standards for new
Tenancy Agreements or renewals
90th day after renewal
of DCT
All tenancies 1st July 2024
10. What goes on the
Tenancy Agreement?
•1st July 2020 we need to have a
statement about compliance
• heating
• standards of insulation
• ventilation standards
• draught stopping
• moisture ingress and drainage
• general exemption
12. Reasonably
Practicable
regulation 4
• Not reasonably practicable if Professional
installer cannot access relevant area without
• Carrying out substantial building work
• Causing substantial damage to the premises
• Creating risks to the health or safety of any person
13. Getting demolished?
• Need not comply with HH Standards if:-
• Before commencement of tenancy, application for
consent to demolish
• As at commencement of tenancy application
pending
• Consent granted before tenancy commenced
• Exemption ceases if
• Consent lapses
• Consent refused
• Landlord fails to provide evidence within 10
working days of request
14.
15. Regulation 34: Heating Standards
• A statement must include
• The required heating capacity of the main living room
• They type of qualifying heater that heats the main
living room
• The heating capacity in Kilowatts (kW)
• Qualifying Heaters (Regulation 9)
• Installed as a fixture
• Has a heating capacity of at least 1.5 kW
• If electric or a heat pump it must have a thermostat
16. What is not a qualifying heater
• Open fires
• Unflued combustion heater
• heating capacity >2.4 kW, electric heaters
• Eco wall panels. Capacity less than 1.5 kW
• Some Night store heaters (capacity less than 1.5kW
17. Size of the living space
Size of Living Space Size in M2 Approximate kW
Very small 7-8 M2 1 kW
Small 10-13 M2 1.5 kW
Small/Medium 13-17 M2 2 kW
Medium 20 M2 2.4 kW
19. Regulation 35: Insulation Standards
• A statement must include about Ceiling and
underfloor
• The R-Value or thickness of insulation when installed
or last inspected
• If it is not insulated, a reason why not
• If it is exempt from the standards, a statement
declaring why
• No mention of walls
• No mention of type of insulation
20. What about 2016
insulation standards?
• Insulation standards for 2016 still apply
• Properties must comply as of 1st July 2019
• 2016 insulation standards are phased out
• New insulation standards take effect
• Example; new tenant moves in on 15th July 2021.
• Insulation standards evolve to HHG Standards
• 2016 standards become defunct
21. Regulation 36: Ventilation
• Extractor fans installed in bathrooms and kitchens
• Each habitable space 1 or more qualifying window or door
• Statement on diameter of the fan
• Statement on the exhaust capacity of the fan
• Bathroom at least 120mm diameter and 25 l/s
• Kitchen at least 150mm diameter and 50 l/s
22. Regulation 37 Draught Stopping
• Statement regarding fireplaces and unreasonable
gaps
• Chimney is blocked or closed off
• Free from unreasonable gaps and holes in the building
elements that allow draught
23. Regulation 38
Moisture ingress and drainage
• Statement regarding efficient drainage
• Statement regarding moisture barrier
• Each subfloor space has a ground moisture barrier
• If enclosed or not reasonably practicable you must
• Statement of exemption and a brief description why
24. Body Corporates
• Some changes may apply where building has more
than one owner
• Body corporate rules may apply preventing
compliance
• Example; external heating units such as heat
pumps
• Landlord must take reasonable steps to get consent
• If Landlord cannot get consent, must attempt to
comply to the greatest consent reasonably
practicable
25. Rental Warrant of Fitness
• Will the rental warrant of
fitness be used?
• Need to enforce compliance
• It will be used but not in this
format
• Expect to have compliance
measured every three years
Housing Warrant of Fitness Assessment Manual August 2017
Housing Warrant of Fitness (WOF)
Assessment Manual
Version 3.0
26. Importance of record keeping
• Section 123a of the Residential Tenancies Act
• Records must be kept of compliance
• Inspections reports, video or photographs
• Records of installation
• Records of calculations of living room’s heating
capacity
• Product manuals of installed items
• Certificates or other documents issued
• Must provide proof within 10 working days of
request: Exemplary damages up to $1,000