Healthy Homes Standards for Apartments in New Zealand
In New Zealand, the Healthy Homes Standards apply to all residential tenancies. A residential tenancy is an arrangement where a landlord provides a tenant with a place to live in exchange for rent, governed primarily by the Residential Tenancies Act 1986. This includes apartments, rental houses, and boarding house rooms. While the fundamental requirements are consistent across all rental properties, apartments may have specific considerations or exemptions for certain standards due to their unique structure as multi-unit dwellings.
General Applicability
Landlords of residential rental properties, including apartments, must ensure their properties comply with the Healthy Homes Standards. These standards aim to make rental homes warmer, drier, and healthier for tenants [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 4].
Landlord Obligations under the Residential Tenancies Act 1986
Under the Residential Tenancies Act 1986, landlords have a general obligation to provide and maintain the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(b)]. The Healthy Homes Standards are specific requirements that underpin this general obligation for rental properties. Landlords must include a Healthy Homes compliance statement in any new, varied, or renewed tenancy agreement (the legal contract between a landlord and tenant) [Source: Residential Tenancies Act 1986, s 13A(1)(da); Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 13].
Specific Healthy Homes Standards and Apartment Considerations
The Healthy Homes Standards cover five key areas:
1. Heating
Every main living room in a rental property must have a fixed heater that can directly heat the room to at least 18°C [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 6]. The required heating capacity is calculated based on the size of the room and the climate zone the property is in. This standard applies equally to apartments; there are no specific exemptions for apartment heating.
2. Insulation
All rental properties must have adequate ceiling and underfloor insulation [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 7].
For apartments, there are specific nuances:
- Inter-tenancy walls and ceilings: Insulation is generally not required in walls or ceilings that separate one dwelling from another, or from common areas, provided these structures already offer a reasonable level of thermal performance. This is a common scenario in apartment buildings [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, cl 2(1)(d)].
- Exterior walls: Insulation may be required in exterior walls if it is reasonably practicable to install, considering factors like the need for a building consent or disruption to existing wall linings [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, cl 2(1)(c)].
- Properties built after 1 July 2019: Properties with existing insulation that meets the 2008 Building Code requirements for insulation at the time it was installed are deemed to comply, provided it is in reasonable condition [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, cl 1(3)].
3. Ventilation
All habitable rooms, excluding bathrooms and kitchens, must have openable windows or doors [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 8(1)]. Kitchens and bathrooms must have an extractor fan that ventilates to the outside:
- In kitchens, the fan must have a minimum diameter of 150mm or an exhaust capacity of at least 50 litres per second [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 8(3)(a)].
- In bathrooms, the fan must have a minimum diameter of 120mm or an exhaust capacity of at least 25 litres per second [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 8(3)(b)].
These ventilation requirements apply equally to apartments, ensuring moisture-producing areas are adequately aired to prevent mould and dampness.
4. Moisture Ingress and Drainage
Rental properties must have efficient drainage for the removal of storm water, surface water, and ground water, including an impervious ground moisture barrier if there is an enclosed subfloor space [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 9]. While most apartments do not have subfloor spaces, the requirement for efficient storm and surface water drainage still applies to the building as a whole, with the landlord being responsible for ensuring their specific unit is not negatively impacted by issues related to moisture ingress. This standard aims to prevent water from entering the property and causing dampness.
5. Draught Stopping
Landlords must block all unreasonable gaps or holes in walls, ceilings, floors, windows, and doors that cause draughts [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 10]. This includes ensuring that all openable windows and doors have seals or are fitted to minimise draughts. This standard is fully applicable to apartments to maintain warmth and energy efficiency.
Compliance Deadlines
Landlords must ensure their rental properties, including apartments, comply with all Healthy Homes Standards:
- Within 90 days of any new or renewed tenancy for tenancies beginning on or after 1 July 2021 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 12(1)].
- All private rental properties must comply by 1 July 2024, regardless of when the tenancy started [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, cl 12(3)].
When to Seek Independent Legal Advice
Individuals seeking to understand their specific rights and obligations regarding residential tenancies and Healthy Homes Standards are encouraged to consult official resources or a legal professional. This information should not be taken as legal advice. The Tenancy Services website provides comprehensive guidance, and Community Law Centres offer free legal advice services for tenancy matters. It is advisable for landlords and tenants to seek tailored advice for their particular circumstances.