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tenancy

Are panel heaters compliant with the Heating Standard?

Key Takeaway

The Heating Standard, part of New Zealand's Healthy Homes Standards, requires rental properties to have a fixed heater in the main living room capable of heating it to 18°C. While panel heaters are not explicitly banned, their compliance depends on whether they are fixed, their wattage meets the calculated minimum heating capacity for the specific room, and they are not deemed inefficient or below 1.5kW if unfixed. Many panel heaters may not provide sufficient primary heating to meet the standard.

The New Zealand Residential Tenancies Act 1986, alongside its related regulations, imposes specific requirements on rental properties to ensure they meet minimum health and safety standards. One crucial aspect of these requirements is the Healthy Homes Standards – a set of minimum requirements for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping in rental properties, introduced to ensure rental homes are warmer and drier [Source: Residential Tenancies Act 1986, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019, Regulation 4]. This article focuses on the Heating Standard and the compliance of panel heaters.

The Heating Standard

The Heating Standard is the specific component of the Healthy Homes Standards that requires rental properties to have a fixed heating source capable of heating the main living room to at least 18°C [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Clause 1(1)]. The main living room is defined as the largest room in a rental property that is primarily used for general everyday living activities by the tenants [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Regulation 4].

Calculating Minimum Heating Capacity

To meet the Heating Standard, the heater or heaters must have a minimum heating capacity – the measure of a heater's ability to produce heat, typically expressed in kilowatts (kW) – that is determined by a specific calculation. This calculation considers the size of the main living room, the property's climate zone, and the amount and type of glazing (windows) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Clause 3]. Landlords can use an online heating assessment tool provided by the Ministry of Business, Innovation and Employment (MBIE) to determine the required heating capacity for their property.

Acceptable Heating Devices

The regulations specify which types of heating devices are generally acceptable and which are not. Accepted heating devices typically include heat pumps, wood burners, and fixed electric heaters that meet the required capacity. A fixed heater is a heating device that is permanently installed or mounted in a property, as opposed to being portable [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Clause 2(1)].

Certain heating devices are explicitly deemed not acceptable if they are the only source of heating or if their capacity is insufficient to meet the standard. These include:

  • Unflued combustion heaters (e.g., portable gas heaters that discharge combustion products into the room) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Clause 4(2)(a)].
  • Open fires [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Clause 4(2)(d)].
  • Electric heaters with a heating capacity of less than 1.5 kW if they are not fixed or are considered inefficient electric heaters [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Clause 4(2)(b)].

Panel Heaters and Compliance

Panel heaters are a type of electric heater. The compliance of a panel heater with the Heating Standard depends on several factors:

  1. Fixed Installation: The heater in the main living room must be a fixed heater [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Clause 1(1)]. If a panel heater is portable, it would generally not meet this requirement unless it meets specific, limited exceptions for electric heaters over 1.5kW used in particular circumstances, which are generally not applicable to the primary heating source for the main living room. If a panel heater is permanently mounted to a wall, it would be considered fixed.
  2. Heating Capacity (kW Rating): The most critical factor is whether the panel heater's wattage (converted to kW) meets or exceeds the calculated minimum heating capacity required for the main living room. Many panel heaters have relatively low wattages (e.g., below 1.5 kW or significantly lower than the calculated requirement for a typical living room). If the panel heater's output is less than the calculated minimum, it will not comply as the sole or primary heating source.
  3. Specific Exclusions: The regulations state that an electric heater with a heating capacity of less than 1.5 kW is not an acceptable heating device if it is not fixed or is an inefficient electric heater [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Clause 4(2)(b)]. This means if a panel heater is below 1.5 kW and is not fixed, or is considered inefficient, it would not be compliant.

Therefore, while panel heaters are not explicitly banned, many typically do not provide sufficient heating capacity to meet the Heating Standard as the primary heat source for the main living room. A landlord would need to verify that a panel heater, if installed, is fixed and that its heating capacity meets the specific kW requirement calculated for that particular living room.

Landlord Obligations and Compliance Deadlines

Landlords have an obligation to ensure their rental properties comply with all Healthy Homes Standards, including the Heating Standard [Source: Residential Tenancies Act 1986, s 45(1)(bb)]. The specific deadline for compliance depends on when the tenancy started or was renewed.

If a property does not comply with the Healthy Homes Standards, tenants may apply to the Tenancy Tribunal for a compliance order [Source: Residential Tenancies Act 1986, s 138I]. Failure to comply with the Healthy Homes Standards can also be an unlawful act, for which landlords may face financial penalties [Source: Residential Tenancies Act 1986, s 138].

When to Seek Independent Legal Advice

Individuals needing specific guidance on their legal rights and obligations concerning tenancy matters in New Zealand should consult with an independent legal professional. Further assistance may be available from Tenancy Services, which provides information and dispute resolution services, or through Community Law Centres for free legal advice.

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